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Home My WebLink About20020212Application.pdfe e .-:)99 RECEIVED STOEL~~,s 101 S. Capitol Boulevard. Suite 1900 Boise, Idaho 83702 main 208.389.9000 fax 208.389.9040 Zûû2fEB 12 Pi-l 3= 53 ATTORNEYS AT LAW ww.stoel.com February 11, 2002 MARY S. HOBSON Direct Dial (208) 387-4277 email mshobsollstoel.com Ms. Jean Jewell, Secretary Idaho Public Utilties Commission 472 W. Washington Street Boise, Idaho 83720-0074 Re: Case No. (1r""t-t! j. --0 ~ Wirelie Interconnection Agreement between Qwest Corporation and XO Idaho, Inc. for the State of Idaho pursuant to 47 U.S.C. 252(e) Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and XO Idaho, Inc. is an original and three (3) copies of the Wirelie Interconnection Agreement between Qwest Corporation and XO Idaho, Inc. for the State of Idaho. The parties respectfully request that this matter be placed on the Commssion 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. Sincerely,~~~ MXH:cw Enclosures cc: Luba Hromyk (with pleading, with agreement) Rex Knowles (with pleading, with agreement) Oregon Washington California Uta h i d a h 0 Boise-136256.1 0029164-0016 e e RECEIVED o mo Mary S. Hobson (ISB # 2142) Curtis D. McKenzie (ISB # 5591) Stoel Rives LLP 101 S. Capital Blvd., Suite 1900 Boise, ID 83702 Tele: (208) 387-4244 ZU9ìFEß 12 Pl1 3: 53 Rex Knowles XO Communications 111 East Broadway, Suite 1000 Salt Lake City, UT 84111 Tele: 801-983-1504 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST ) CORPORATION AND XO IDAHO, INC. ) FOR APPROVAL OF THE WIRELINE ) INTERCONNECTION AGREEMENT FOR ) THE STATE OF IDAHO PURSUANT TO 47 )U.S.c. §252(e) ) ) ) CASE NO. &7øE- ;Fllj/tJ~ Qwest Corporation ("Qwest") and XO IDAHO, Inc. ("XO Idaho") hereby jointly file this Wireline Interconnection Agreement for the State of Idaho, dated December 10, 2001 (the "Agreement"). A copy of the Agreement is submitted herewith. The Agreement was reached through volunta 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 agreement reached though voluntary negotiations only if the Commission finds that: the agreement (or Application for Approval of the Wireline Interconnection Agreement for the State of Idaho between Qwest and XO Idaho, Inc. - 1 Boise-136249.1oo29164-oo16 e e portion thereof) discriminates against a .telecommunications carrier not a party to this agreement; or, the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. XO Idaho and Qwest respectfully submit that this Wireline Agreement provides no basis for either of these findings, and, therefore jointly request that the Commission approve this Agreement expeditiously. The Agreement 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 the Agreement wil enable XO Idaho to interconnect with Qwest facilties and provide customers with increased choices among local telecommunications services. XO Idaho and Qwest further request that the Commission approve this Wireline Agreement without a hearing. Because this Agreement was reached though voluntar negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would furter the public interest. Application for Approval of the Wireline Interconnection Agreement for the State of Idaho between Qwest and XO Idaho, Inc. - 2 Boise-136249.1oo29164-O16 e e Respectfully submitted ths 1. day of February, 2002. Qwest Corporation ~~Mar S obson Stoel Rives, LLP and Rex Knowles XO Communications Application for Approval of the Wireline Interconnection Agreement for the State of Idaho between Qwest and XO Idaho, Inc. - 3 Boise-136249.1009164-oo16 .. CERTIFICATE OF SERVICE di hereby certify that on this ItA day of February, 2002, I served the foregoing JOINT APPLICATION OF QWEST CORPORATION AND XO IDAHO, INC. FOR APPROVAL OF THE WIRELINE INTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C. §252(e) upon all parties of record in this matter by mailng a copy thereof properly addressed, with postage prepaid as follows: Ms. Jean Jewell, Secretary Idaho Public Utilties Commission 472 West Washington Street Boise, Idaho 83720-0074 Rex Knowles XO Communications 111 East Broadway, Suite 1000 Salt Lake City, UT 84111 Alaine Miler XO Communications 1633 Westlake Ave Nort Seattle, WA 98109 Luba Hromyk Contract Development & Services Specialist Qwest 7800 E. Orchard Rd., #250 Englewood, CO 80111 &u~J Stoel Rives LLP Application for Approval of the Wireline Interconnection Agreement for the State of Idaho between Qwest and XO Idao. Inc. - 4 Boise-136249.1OO29164-O16 STATEMENT OF GENERALLY AVAILABLE TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES, AND RESALE OF TELECOMMUNICATION SERVICES PROVIDED BY QWEST CORPORATION IN THE STATE OF IDAHO SECOND REVISION XO Idaho, Inc. December 10, 2001 ((Cli E-r 01- (J ~ - i - TABLE OF CONTENTS SECTION 1.0 - GENERAL TERMS ................................................................................ 1 SECTION 2.0 - INTERPRETATION AND CONSTRUCTION..........................................5 SECTION 3.0 -GLEC INFORMATION ........................................................................... 7 SECTION 4.0 - DEFINITIONS ........................................................................................ 9 SECTION 5.0 - TERMS AND CONDITIONS ................................................................ 29 5.1 GENERAL PROVISIONS ............. ... ... ......... ....... ....... ........... .............. ..... .... ........ ..29 5.2 TERM OF AGREEMENT.... ...... ........... .... ..... ..... ............. ......... ............ ..... ... ...... ....30 5.3 PROOF OF AUTHORIZATION ...............................................................................30 5.4 PAYMENT .........................................................................................................31 5.5 TAXES..............................................................................................................33 5.6 INSURANCE .................... ................ ............ ...... ..... .... ............. .... ....... ........... ... .33 5.7 FORCE MAJEURE..............................................................................................34 5.8 LIMITATION OF LIABILITY ....................................................................................34 5.9 INDEMNITY........................................................................................................35 5.10 INTELLECTUAL PROPERTY .................................................................................36 5.11 WARRANTIES....................................................................................................39 5.12 ASSIGNMENT ............ ..... .............. ............... .... ....... ................. ..... ...... ........... ....39 5.13 DEFAULT.... .................... .... .......... .............. ..... ......... ............... .... .................... .40 5.14 DISCLAIMER OF AGENCy....... ....... ...... ........ ....... ...... ... ....... ...... .... ....... ..... ....... ...40 5.15 SEVERABILITY...................................................................................................40 5.16 NONDISCLOSURE... ..... ... .... ........ ............... ....... ..... ..... ..... ..................... ..... ....... .40 5.17 SURViVAL..........................................................................................................43 5.18 DISPUTE RESOLUTION.......................................................................................43 5.19 CONTROLLING LAW.......... ...... .... ...................... ....... ........ ............. ...... ...... ....... ..45 5.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION .....................................45 5;21 NOTICES ..........................................................................................................46 5.22 RESPONSIBILITY OF EACH PARTY.......................................................................47 5.23 NO THIRD PARTY BENEFiCiARIES.......................................................................47 5.24 RESERVED FOR FUTURE USE. .. ............... ....... ..... ........... ............ .......... ........... ..47 5.25 PUBLICITY ........... ........ ....... ...... ...... ................ ...... ....... .......... ...... ......... ........ ... ..47 5.26 EXECUTED IN COUNTERPARTS...........................................................................47 5.27 COMPLIANCE ....................................................................................................47 5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAw ENFORCEMENT ACT OF 1994 ... ......... ............ .............................. ............... .......48 5.29 COOPERATION ..................................................................................................48 5.30 AMENDMENTS...................................................................................................48 5.31 ENTIRE AGREEMENT............. .......... ........ .... ..... ................... .... ........... ............. ..48 SECTION 6.0 - RESALE.............................................................................................. 49 6.1 DESCRIPTION ....... ................... ....... ... .......... ..... ......................... ..... .......... ... .... .49 6.2 TERMS AND CONDITIONS... .... ... ...... ............. .......... ......... ... ..... ..... .......... ......... ...49 6.3 RATES AND CHARGES ....... ....... ....... ..... ........ ......... ................. .... ...... ............ .... .54 6.4 ORDERING PROCESS ...... .................... ... ....... ....... ........................ .... ........... .... ..55 6.5 BILLING ..... ............... ..... ............ ............... ..... ..... .... .... ............ ....... ....... .... ........56 6.6 MAINTENANCE AND REPAIR .......... ...... ........ ...... ................ ............ ...... ..... ...... ... .56 Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - i- TABLE OF CONTENTS SECTION 7.0 - INTERCONNECTION .......................................................................... 57 7.1 INTERCONNECTION FACILITY OPTIONS ................................................................57 7.2 EXCHANGE OF TRAFFIC.....................................................................................59 7.3 RECIPROCAL COMPENSATION....... ....... ............ ...... .................. ............ .... ......... .69 7.4 ORDERING..... ..... ...................... .... ......... ....... .................... .......... .... .......... ..... ...74 7 .5 JOINTLY PROVIDED SWITCHED ACCESS SERViCES.............. .......... ....... ...............75 7.6 TRANSIT RECORDS ............ ........ .... ............ ............ ................ .................. .... .....76 7.7 LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING ...................................76 SECTION 8.0 - COLLOCATION ................................................................................... 78 8.1 DESCRIPTION ....... .................. ..... ........... .......... ....... ................ ..... .... ..... ...........78 8.2 TERMS AND CONDITIONS .... ........... .......... ... .... ........... ......................... .......... .... .80 8.3 RATE ELEMENTS................................................................................................96 8.4 ORDERING.................. .... ............ ....... .... .......... .............. ..... .......... ....... ......... ..1 02 8.5 BILLING .. ...... ....... ........ ............... ........ ............. .... ....... ... ..... ........ ........ .... ........117 8.6 MAINTENANCE: AND REPAIR ............ ...... ......... ... ..... .............. ... ..... ....... ..... ...... ..118 SECTION 9.0 - UNBUNDLED NETORK ELEMENTS ............................................. 120 9.1 GENERAL TERMS.. ..... ......... ............... ....... .......... ........... .... ........ ....... ..... ....... ..120 9.2 UNBUNDLED Loops ..... ............... ....... ..... ........ .... .... ...... ... ........ ... ....... .............123 9.3 SUBLOOP UNBUNDLING ............... ...... ....... ... .... ..... ........................... ... ... ... ...... .139 9.4 LINE SHARING............ .... .... ........ ....... ......... .... .... ... ......... ...... ............... .... .... ...150 9.5 NETORK INTERFACE DEVICE (NID).. ................... .................. ....... ..... .... ...... ...159 9.6 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)...............................162 9.7 UNBUNDLED DARK FIBER ................................................................................169 9.8 SHARED INTEROFFICE TRANSPORT ..................................................................177 9.9 UNBUNDLED CUSTOMER CONTROLLED REARRANGEMENT ELEMENT (UCCRE) ...... ...... .......... .... ............ ... ...................... ...... ..... ......... ..... .... ... .... ....178 9.10 LOCAL TANDEM SWITCHING ........ ........ ..... ............ ............ ........... ... .......... ..... ...179 9.11 LOCAL SWITCHING .... ......... ...... ...... ....... ..... ..... ..... ....... .................. .... ..... .........180 9.12 CUSTOMIZED ROUTING ...................................................................................189 9.13 ACCESS TO SiGNALING....................................................................................191 9.15 INTERCONNECTION TO LINE INFORMATION DATABASE (L1DB) ............................196 9.16 8XX DATABASE QUERY SERViCE.....................................................................200 9.17 INTERNETWORK CALLING NAME (ICNAM) ........................................................202 9.18 ADDITIONAL UNBUNDLED ELEMENTS ................................................................204 9.19 CONSTRUCTION CHARGES.. ...... .................. ........ ............ ............ ...... ..............204 9.20 UNBUNDLED PACKET SWITCHING. .... ...... .......... .... ...... ....... ......... .... .... ............. .205 9.21 UNE-P LINE SPLITTING ............... ............ ....... ........ ........ .... ........... .... ........... ...207 9.22 RESERVED FOR FUTURE USE ..........................................................................212 9.23 UNBUNDLED NETWORK ELEMENTS COMBINATIONS (UNE COMBINATIONS).........212 9.24 LoOp SPLITTING ............ ............. ........ ... ......... ...... .............. .... ... ... ...... ........ ....225 SECTION 10.0 - ANCILLARY SERViCES..................................................................230 10.1 INTERIM NUMBER PORTABILITY ........................................................................230 10.2 LOCAL NUMBER PORTABILITY.............. ............. ..... ......... ....... ........ ... ... ... .... .....237 10.3 911/E911 SERVICE ........................................................................................243 10.4 WHITE PAGES DIRECTORY LISTINGS ................................................................248 10.5 DIRECTORY ASSISTANCE................................... ..............................................251 10.6 DIRECTORY ASSISTANCE LIST .........................................................................255 Qwest Idaho SGAT - Second Revision, December 10, 2001 1125/021HAH for LHIXO Idaho/CDS-020124-0083 - ii- TABLE OF CONTENTS 10.7 Toii AND ASSISTANCE OPERATOR SERVICES ..................................................258 10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAy..... ..................... .262 SECTION 11.0 - NETWORK SECURITY ................................................................... 274 SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ........... 280 12.1 DESCRIPTION .... ...... ........ ..... ............ ....... ......... ...... ....... ........... ..... .......... .... ...280 12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROViSiONING.............. ..280 12.3 MAINTENANCE AND REPAIR .............................................................................291 SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS ...........................................302 SECTION 14.0 - LOCAL DIALING PARITY ................................................................303 SECTION 15.0 - QWEST DEX...................................................................................304 SECTION 16.0 - REFERRAL ANNOUNCEMENT ...................................................... 305 SECTION 17.0 - BONA FIDE REQUEST PROCESS................................................. 306 SECTION 18.0 - AUDIT PROCESS............................................................................309 SECTION 19.0 - CONSTRUCTION CHARGES ......................................................... 312 SECTION 20.0 - SERVICE PERFORMANCE ............................................................ 313 SECTION 21.0 - NETORK STANDARDS................................................................314 SECTION 22.0 - SIGNATURE PAGE .........................................................................318 Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124~0083 - ii- TABLE OF CONTENTS FOR EXHIBITS EXHIBIT A Idaho Rates EXHIBIT B Service Performance Indicators - Reserved for Future Use EXHIBIT C Service Interval Tables EXHIBIT D Qwest Right of Way, Pole Attachment and/or Innerduct Occupancy General Information Document EXHIBIT E Vertical Switch Features for UNE Switching EXHIBIT F Special Request Process EXHIBIT G Change Management Process (CMP) - Under Development EXHIBIT H CMP Escalation Process- Under Development EXHIBIT I Individual Case Basis (ICB) EXHIBIT J Reserved for Future Use EXHIBIT K Performance Assurance Plan - Under Development EXHIBIT L Advice Adoption Letter EXHIBIT M Interim Advice Adoption Letter Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/COS-020124-003 - iv- Section 1 General Terms Section 1.0 . GENERAL TERMS 1.1 This Statement of Generally Available Terms and Conditions (SGAT) for Interconnection, Unbundled Network Elements, ancilary services, and resale of Telecommunications Services is filed by Qwest Corporation (Qwest), a Colorado Corporation with offices at 1801 California Street, Denver, Colorado 80202, pursuant to Section 252(f) of the Telecommunications Act of 1996, for purposes of fulfillng Qwests obligations under Sections 222, 251 (a), (b), and (c), 252, 271, and other relevant provisions of the Act and the rules and regulations promulgated thereunder. 1.2 Intentionally Left Blank. 1.3 This SGAT sets forth the terms, conditions and pricing under which Qwest wil offer and . provide to any requesting CLEC network Interconnection, access to Unbundled Network Elements, ancilary services, and Telecommunications Services available for resale within the geographical areas in which Qwest is providing local Exchange Servce at that time, and for which Qwest is the incumbent Local Exchange Carrier within the state of Idaho, for purposes of providing local Telecommunications Services. This SGAT is available for the term set forth herein. 1.4 Individual CLECs may adopt this SGAT, in lieu of entering into an individually negotiated Interconnection Agreement, by signing the Signature Page in Section 22 of this SGAT and by delivering a signed copy of this SGAT to Qwest, pursuant to the notice provision of this SGAT contained in Section 5.21. The date on which Qwest receives an executed copy of this SGAT shall hereafter be referred to as the "Effective Date" of the Agreement between Qwest and CLEC. Qwest shall notify CLEC of the Effective Date pursuant to the notice provision. The Parties shall satisfy all state Interconnection filng requirements. 1.5 This SGAT, once it is approved or permitted to go into effect by the Commission, offers CLECs an alternative to negotiating an individual Interconnection Agreement with Qwest, or adopting an existing approved Interconnection Agreement between Qwest and another CLEC pursuant to Section 252(i) of the Act. In this respect, neither the submission nor approval of this SGAT nor any provision herein shall affect Qwests willngness to negotiate an individual Agreement with any requesting Carrier pursuant to Section 252 of the Telecommunications Act of 1996. 1.6 Intentionally Left Blank. 1.7 Once this SGAT is approved or permitted to go into effect, any amendment to the SGAT by Qwest wil be accomplished through Section 252 of the Act. When Qwest files an amendment to the SGAT with the Commission, Qwest shall provide notice of such filing through the Change Management Process (CMP). Qwest shall also request that the Commission notify all interested parties of the filing. In addition, any amendment to the SGAT filed by Qwest shall have no effect on the SGAT (either to withdraw or replace effective provisions or to add provisions) until such amendment is approved by the Commission or goes into effect by operation of law. Once CLEC executes Section 22 and delivers a signed copy to Qwest pursuant to the notice provisions of this SGAT, the currently effective SGAT wil become the Interconnection Agreement between CLEC and Qwest (this Agreement), and shall be subject to the same rules and laws as other Interconnection Agreements in effect in this state. Once this SGAT becomes the Interconnection Agreement between CLEC and Qwest, this Agreement can only be amended in writing, executed by the duly authorized representatives of the Parties. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 1 - Section 1 General Terms 1.7.1 Notwithstanding the above if the Commission orders, or Qwest chooses to offer and CLEC desires to purchase, new Interconnection services, access to additional Unbundled Network Elements, additional ancilary services or Telecommunications Services available for resale which are not contained in this SGAT or a Tarif, Qwest will notify CLEC of the availabilty of these new services through the product notification process through the CMP. CLEC must first update the relevant section(s) of the New Product Questionnaire to establish ordering and Biling processes. In addition, the Parties shall amend this Agreement under one (1) of the following two (2) options: 1 .7.1.1 If CLEC is prepared to accept Qwests terms and conditions for such new product, CLEC shall execute a form Advice Adoption Letter (the form of which is attached hereto as Exhibit L), to be furnished by Qwest, and include as an attachment, the discreet terms and conditions available on Qwests wholesale website, that Qwest has identified as pertaining to the new. product. CLEC shall submit the Advice Adoption Letter to the Commission for its approvaL. CLEC shall also provide the Advice Adoption Letter to Qwest pursuant to the notice provisions in this Agreement and may begin ordering the new product pursuant to the terms of this Agreement as amended by such Advice Adoption Letter. 1 .7.1.2 If CLEC wishes to negotiate an amendment with diferent terms and conditions than defined by Qwest for such new product, CLEC agrees to abide by those terms and conditions on an interim basis by executing the Interim Advice Adoption Letter (the form of which is attached hereto as Exhibit M) based upon the terms and conditions available on Qwests wholesale website that Qwest has identified as pertaining to the new product. The Interim Advice Adoption Letter wil terminate when the final amendment is approved. The rates and to the extent practicable, other terms and conditions contained in the final amendment wil relate back to the date the Interim Advice Adoption Letter was executed. No new product offering or accompanying Interim Advice Adoption Letter wil be construed to limit or add to any rates, terms or conditions existing in this Agreement. 1.8 Because this SGAT is Qwests standard contract offer, CLECs with a current Interconnection Agreement may opt into, through Section 252(i) of the Act, any provision of the SGAT by executing an appropriate amendment to its current Interconnection Agreement. 1.8.1 When opting into a provision, Qwest may require CLEC to accept Legitimately Related provisions to ensure that the provision retains the context set forth in the SGAT. At all times, Qwest bears the burden of establishing that an SGAT provision is Legitimately Related. 1.8.2 To opt into a provision of the SGAT through Section 252(i), CLEC must provide Qwest with writen notice of such intention specifying in detail the provisions of the SGAT selected in the form of a proposed amendment to the Interconnection Agreement which has been signed by CLEC. Qwest shall make a form or sample amendment as well as the currently effective SGAT, available in electronic form for use by CLEC to prepare the written notice. Once Qwest receives such writen notice, it shall have a reasonable period of time to submit a formal wrien response either accepting the change and signing the amendment or identifying those additional provisions that Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for tHIXO Idaho/CDS-020124-0083 - 2- Section 1 General Terms Owest believes are Legitimately Related and must also be included as part of the amendment. If Owest identifies additional provisions that Owest believes are Legitimately Related, Owest shall specify the provisions in the proposed amendment, if any, to which the additional provisions are not Legitimately Related and which could be included in a revised proposed amendment that would be acceptable to Owest. Under ordinary circumstances, a reasonable period of time shall be deemed to be fifeen (15) business days. In addition, Owest shall provide to CLEC in writing an explanation of why Owest considers the provisions Legitimately Related, including legal, technical, or other considerations. In extraordinary circumstances, where CLEC's requested modification is complex, Owest shall have additional time to perform its review. When such extraordinary circumstances exist, Owest wil notify CLEC in writing within fifeen (15) business days from the notice and advise CLEC that additional time is necessary. In no event shall a reasonable period of time be deemed to be greater than twenty (20) business days from the time of CLEC's notice. 1 .8.2.1 Nothing in this SGAT shall preclude CLEC from opting into specific provisions of an agreement or of an entire agreement, solely because such provision or agreement itself resulted from an opting in by CLEC that is a part to it. 1 .8.3 If Owest has identified additional provisions that Owest believes are Legitimately Related and has specified provisions in the proposed amendment to which those provisions are not Legitimately Related, CLEC may provide Owest with a revised proposed amendment that deletes the disputed provisions, which Owest shall accept and sign. Regardless of whether CLEC provides Owest with a revised proposed amendment, if CLEC disputes Owests written response that additional SGAT provisions are Legitimately Related, then CLEC may immediately demand that the dispute be submitted to dispute resolution and CLEC shall submit such dispute to dispute resolution within fifteen (15) Days from such receipt of Owests response. CLEC may, at its sole option, elect to have the dispute resolution conducted through one of. the following methods of dispute resolution: 1.8.3.1 The dispute may be settled by the Commission. Such dispute resolution shall be conducted pursuant to Commission rules or regulations specifying a procedure for submission, hearing and resolving issues pursuant to Section 252(i) of the Act or rules and regulations specifying procedures for submission of a dispute arising under an Interconnection Agreement, as appropriate. If the Commission shall not have established any such rules or regulations, CLEC may file a complaint with the Commission. The Commission may elect to hear the complaint under expedited procedures. 1.8.3.2 The dispute may be settled by arbitration. Such an arbitration proceeding shall be conducted by a single arbitrator. The arbitration proceedings shall be conducted under the then-current rules of the American Arbitration Association (AM). The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitrabilit of the dispute. All expedited procedures prescribed by AM rules shall apply. The arbitrator's award shall be final and binding and may be entered in any court having jurisdiction thereof. Except for a finding of bad faith as set forth in 1 .8.3.3, each Part shall bear its own costs and attorneys' fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration proceedings shall occur in the Denver metropolitan area or in Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 3- Section 1 General Terms another mutually agreed upon location. 1.8.3.3 Each Part to the dispute shall bear the responsibility of paying its own attorneys' fees and costs in prosecuting/defending the action. However, if either Party is found to have brought or defended the action in "bad faith", then that Part shall be responsible for reimbursing the other Part for its reasonable attorneys' fees and costs in prosecuting or defending the action. 1.8.4 If Qwest accepts a CLEC proposed change to adopt certain SGAT language and signs the amendment, the Parties shall begin abiding by the terms of the amendment immediately upon CLEC's receipt of the signed amendment. Qwest shall be responsible for submitting the proposed change to the Commission for its approval within ten (10) business days from receipt of the signed amendment. The amendment shall be deemed effective upon approval of the amendment by the Idaho Commission. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -4- Section 2 Interpretation and Construction Section 2.0. INTERPRETATION AND CONSTRUCTION 2.1 This Agreement includes' this Agreement and all Exhibits appended hereto, each of which is hereby incorporated by reference in this Agreement and made a part hereof. All references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits to, this Agreement unless the context shall otherwise require. The headings and numbering of Sections and Exhibits used in this Agreement are for convenience only and wil not be construed to define or limit any of the terms in this Agreement or affect the meaning and interpretation of this Agreement. Unless the context shall otherwise require, any reference to any statute, regulation, rule, Tarif'technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards, shall be deemed to be a reference to the most recent version or edition (including any amendments, supplements, addenda, or successor) of that statute, regulation, rule, Tarif, technical reference, technical . publication, or any publication of Telecommunications industry administrative or technical standards that is in effect. Provided, however, that nothing in this Section 2.1 shall be deemed or considered to limit or amend the provisions of Section 2.2. In the event a change in a law, rule regulation or interpretation thereof would materially change this Agreement, the terms of Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change, any reference in this Agreement to such law, rule, regulation or interpretation thereof wil be to such law, rule, regulation or interpretation thereof in effect immediately prior to such change until the processes set forth in Section 2.2 are implemented. The existing configuration of either Part's network may not be in compliance with the latest release of technical references, technical publications, or publications of Telecommunications industry administrative or technical standards. 2.2 The provisions in this Agreement are intended to be in compliance with and based on the existing state of the law, rules, regulations and interpretations thereof, including but not limited to state rules, regulations, and laws, as of the date hereof (the Existing Rules). Nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the Existing Rules or an admission by Qwest or CLEC that the Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed, vacated, dismissed, stayed or modified. To the extent that the Existing Rules are vacated, dismissed, stayed or materially changed or modified, then this Agreement shall be amended to reflect such legally binding modification or change of the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Daysafter notification from a Party seeking amendment due to a modification or change of the Existing Rules or if any time during such sixt (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifeen (15) Days, it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. It is expressly understood that this Agreement wil be corrected, or if requested by CLEC, amended as set forth in this Section 2.2, to reflect the outcome of generic proceedings by the Commission for pricing, service standards, or other matters covered by this Agreement. Any amendment shall be deemed effective on the effective date of the legally binding change or modification of the Existing Rules for rates, and to the extent practicable for other terms and conditions, unless otherwise ordered. During the pendancy of any negotiation for an amendment pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms and conditions of this Agreement, for up to sixt (60) Days. If the Parties fail to agree on an amendment during the sixt (60) Day negotiation period, the Parties agree that the first matter to Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 5- Section 2 Interpretation and Construction be resolved during Dispute Resolution wil be the implementation of an interim operating agreement between the Parties regarding the disputed issues, to be effective during the pendancy of Dispute Resolution. -The Parties agree that the interim operating agreement shall be determined and implemented within the first fifeen (15) Days of Dispute Resolution and the Parties wil continue to perform their obligations in accordance with the terms and conditions of this Agreement, until the interim operating agreement is implemented. For purposes .of this section, "legally binding" means that the legal ruling has not been stayed, no request for a stay is pending, and any deadline for requesting a stay designated by statute or regulation, has passed. 2.3 Unless otherwise specifically determined by the Commission, in cases of conflict between the SGAT and Qwests Tarifs, PCAT, methods and procedures, technical publications, policies, product notifications or other Qwest documentation relating to Qwests or CLEC's rights .or obligations under this SGAT , then the rates, terms and conditions of this SGAT shall prevaiL. To the extent another document abridges or expands the rights or obligations of either Part under this Agreement, the rates, terms and conditions of this Agreement shall prevaiL. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 -6- Section 3 GLEG Information Section 3.0 -CLEC INFORMATION 3.1 Except as otherwise required by law, Qwest wil not provide or establish Interconnection, Unbundled Network Elements, ancilary services and/or resale of Telecommunications Services in accordance with the terms and conditions of this Agreement prior to CLEC's execution of this Agreement. The Parties shall complete Qwests "CLEC Questionnaire," as it applies to CLEC's obtaining of Interconnection, Unbundled Network Elements, ancilary services, and/or resale of Telecommunications Services hereunder. 3.2 Prior to . placing any orders for servces under this Agreement, the Parties wil jointly complete the following sections of Qwests "New CLEC Questionnaire": General Information Biling and Collection (Section 1) Credit Information Biling Information Summary Biling OSS and Network Outage Notification Contact Information System Administration Contact Information Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC plans to order these services) Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order these services) 3.2.1 The remainder of this questionnaire must be completed within two (2) weeks of completing the initial portion of the questionnaire. This questionnaire wil be used to: Determine geographical requirements; Identify CLEC identification codes; Determine Qwest system requirements to support CLEC's specific activit; Collect credit information; Obtain Biling information; Create summary bils; Establish input and output requirements; Create and distribute Qwest and CLEC contact lists; and Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/GDS-020124-0083 -7- Section 3 CLEC Information Identify CLEC hours and holidays. 3.2.2 CLECs that have previQusly completed a Questionnaire need not fil out a new CLEC Questionnaire; however, CLEC will update its CLEC Questionnaire with any changes in the required information that have occurred and communicate those changes to Qwest. Before placing an order for a new product, CLEC wil need to complete the relevant new product questionnaire and amend this Agreement, which may include an amendment pursuant to Section 1.7.1. 3.3 Intentionally Left Blank. 3.4 Intentionally Left Blank. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIO Idaho/CDS-020124-0083 -8- Section 4 Definitions Section 4.0 . DEFINITIONS "Access Service Request". or "ASR" means the industry guideline forms and.supporting documentation used for ordering Ãccess Services. The ASR wil be used to order trunking and facilities between CLEC and Qwest for Local Interconnection Service. "Access Services" refers to the interstate and intrastate switched access and private line transport services offered for the origination and/or termination of interexchange traffic. "Access Tandem Switch" is a Switch used to connect End Ofice Switches to interexchange Carrier Switches. Qwests Access Tandem Switches are also used to connect and switch traffic between and among Central Office Switches within the same LATA and may be used for the exchange of local traffic. . "Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as amended and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the Commission. "Advanced Intellgent Network" or "AIN" is a Telecommunications network architecture in which call processing, call routing and network management are provided by means of centralized databases. "Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications capabilty that enables users to originate and receive high-quality, voice, data, graphics or video Telecommunications using any technology. "Affilate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term 'own' means to own an equit interest (or the equivalent thereof) of more than 10 percent. "AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544 Mbps) using Alternate Mark Inversion (AMI) line code. "Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines, orders, permits and approval of any governmental regulations, including, but not limited to, the Act, the regulations, rules, and final orders of the FCC and the Commission, and any final orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or orders of the FCC or the Commission. "Application Date" or "APP" means the date CLEC provides Qwest an application for service containing required information as set forth in this Agreement. "ATIS" or "Allance for Telecommunications Industry Solutions" is a North American telecommunication industry standards forum which, through its commitees and working groups, creates, and publishes standards and guidelines designed to enable interoperabilty and Interconnection for Telecommunications products and services. ATIS Standards and Guidelines, as well as the standards of other industry fora, are referenced herein. "Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that initially records telecommunication message information. AMA format is contained in the AMA document, published by Telcordia Technologies, or its successors, as GR-1100-CORE which Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 9- Section 4 Definitions defines the industry standard for message recording. "Automatic Location Identification" or "ALI" is the automatic display at the Public Safety Answering Point (PSAP) of the caller's telephone number, the address/location of the telephone and supplementary emergency services information for Enhanced 911 (E911). "Automatic Location Identification/Database Management System" or "ALI/DBMS" is an Enhanced 911/(E911 ) database containing End User Customer location information (including name, service address, telephone number, and sometimes special information from the local service provider) used to determine to which Public Safety Answering Point (PSAP) to route the call and used by the PSAP for emergency call handling (Le., dispatch of emergency aid). "Automatic Location Identification Gateway" or "ALI Gateway" is a computer facility into which . CLEC delivers Automatic Location Identification ("ALI") data for CLEC Customers. Access to the ALI Gateway wil be via a dial-up modem using a common protocol. "Automatic Number Identification" or "ANI" is the Billng telephone number associated with the access line from which a call originates. ANI and Callng Part Number (CPN) usually are the same number. "Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection of the least expensive or most appropriate transmission facilty for each call based on criteria programmed into a circuit Switch routing table or system. "Basic Exchange Telecommunications Service" means, unless otherwise defined in Commission rules and then it shall have the meaning set forth therein, a service offered to End User Customers which provides the End User Customer with a telephonic connection to, and a unique local telephone number address on, the public switched telecommunications network, and which enables such End User Customer to generally place calls to, or receive calls from, other stations on the public switched telecommunications network. Basic residence and business line services are Basic Exchange Telecommunications Services. As used solely in the context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications Service includes access to ancilary services such as 911, directory assistance and operator services. "Bil Date" means the date on which a Billng period ends, as identified on the bilL. "Billng" involves the provision of appropriate usage data by one Telecommunications Carrier to another to faciltate Customer Billng with attendant acknowledgments and status reports. It also involves the exchange of information between Telecommunications Carriers to process claims and adjustments. "Binder Groups" means the sub-units of a cable, usually in groups of 25, 50 or 100 color-coded twisted pairs wrapped in colored tape within a cable. "Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17. "Bridged Tap" means the unused sections of a twisted pair subtending the loop between the End User Customer and the Serving Wire Center or extending beyond the End User Customer's location. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -10- Section 4 Definitions "Busy Line Verify/Busy Line Interrupt" or "BLVIBLI Traffic" means a call to an operator servicein which the caller inquires as to the busy status of or requests an interruption of a call on another End User Customer's Basic Exchange Telecommunications Service line. "Callng Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which refers to the ten digit number transmited through a network identifying the callng party. Reference Qwest Technical Publication 77342. "Carrier" or "Common Carrier" See Telecommunications Carrier. "Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive oversight committee that provides direction as well as an appeals process to its subtending fora, the Network Interconnection Interoperabilit Forum (NIIF), the Ordering and Billng Forum . (OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Commitee (TFPC). On occasion, the CLC commissions ad hoc commitees when issues do not have a logical home in one of the subtending forums. OBF and NIMC publish business process rules for their respective areas of concern. "Central Ofice" means a building or a space within a building where transmission facilities or circuits are connected or switched. "Central Office Switch" means a Switch used to provide Telecommunications Servces, including, but not limited to: "End Ofice Switches" which are used to terminate End User Customer station Loops, or equivalent, for the purpose of interconnecting to each other and to trunks; and "Tandem Ofice Switches" which are used to connect and switch trunk circuits between and among other End Office Switches. CLEC switch(es) shall be considered Tandem Office Switch(es) to the extent such switch(es) serve(s) a comparable geographic area as Qwest's Tandem Ofice Switch. A fact-based consideration by the Commission of geography should be used to classify any switch on a prospective basis. "Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling protocol used to record Biling data. "Centralized Message Distribution System" or "CMOS" means the operation system that Local Exchange Carriers use to exchange outcollect and lABS access messages among each other and other parties connected to CMOS. "Charge Number" is a Common Channel Signaling parameter, which refers to the number, transmitted through the network identifying the Billng number of the callng party. Charge Number frequently is not the Callng Party Number (CPN). "Centrex" shall have the meaning set forth in Section 6.2.2.9. "Collocation" is an arrangement where Qwest provides space in Qwest Premises for the placement of CLEC's equipment to be used for the purpose of Interconnection or access to Qwest Unbundled Network Elements. "Collocation - Point of Interconnecion" or "C-POI" is the point outside Qwests Wire Center Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 11 - Section 4 Definitions where CLEC's fiber facility meets Qwests Fiber Entrance Facilit, except where CLEC uses an Express Fiber Entrance Facilty. In either case, Qwest wil extend or run the Fiber Entrance Facility to CLEC's Collocation Space. "Commission" means the Idaho Public Utilties Commission. "Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. Section 332 and FCC rules and orders interpreting that statute. "Common Channel Signaling" or "CCS" means a method of exchanging call set up and network control data over a digital signaling network fully separate from the Public Switched Network that carries the actual calL. Signaling System 7 ("SS7") is currently the preferred CCS method. "Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installng pen registers and trap and trace devices. "Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request, pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements, ancilary services, or resale of Telecommunications Services. A CLEC is an entity authorized to provide Local Exchange Service that does not otherwise qualify as an Incumbent Local Exchange Carrier (ILEC). "Confidential Information" shall have the meaning set forth in Section 5.16. "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. "Custom Callng Features" comprise a group of features provided via a Central Ofice Switch without the need for special Customer Premises Equipment. Features include, but are not limited to, call waiting, 3~way callng, abbreviated dialing (speed callng), call forwarding, and series completing (busy or no answer). "Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features consisting of number translation servces, such as caU forwarding and caller identification, available within a Local Access and Transport Area ("LATA"). Features include, but are not limited to, automatic callback, automatic recall, callng number delivery, Customer originated trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection. "Current Service Provider" means the Part from which an End User Customer is planning to switch its local exchange service or the Part from which an End User Customer is planning to port its telephone number(s). "Customer" is a Person to whom a Party provides or has agreed to provide a specific service or set of services, whether directly or indirectly. Customer includes Telecommunication Carriers. See also, End User Customer. "Customer Premises Equipment" or "CPE" means equipment employed on the premises of a Person other than a Carrier to originate, route or terminate Telecommunications. (e.g., a telephone, PBX, modem pool, etc.). Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 ~ 12- Section 4 Definitions "Customer Usage Data" means the Telecommunications Service usage data of a CLEC Customer, measured in minutes, sub-minute increments, message units or otherwise, that is recorded by Qwest AMA equipment and forwarded to CLEC. "Dark Fiber" shall have the meaning set forth in Section 9.7.1. "Day" means calendar days unless otherwise specified. "Dedicated Transport" is a Qwest provided digital transmission path between locations designated by CLEC to which CLEC is granted exclusive use. Such locations may include, but not be limited to, Qwest Wire Centers, Qwest End Ofice Switches, and Qwest Tandem Switches. The path may operate at DS-1 or higher transmission speeds. Dedicated Transport is also described in Section 9. "Demarcation Point" means the point where Qwest owned or controlled facilities cease, and CLEC, End User Customer, premises owner or landlord ownership or control of facilities begin. "Designed, Verified and Assigned Date" or "DVA" means the date on which implementation groups are to report that all documents and materials have been received and are complete. "Desired Due Date" means the desired service activation date as requested by CLEC ona service order. "Dialing Parity" shall have the meaning set forth in Section 14.1. "Digital Cross-Connect System" or "DCS" is a function which provides automated Cross Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within physical interface facilities. Types of DCS include but are not limited to DCS 1/0s, DCS3/1 s, and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or greater with cross-connection typically at the DSO rate. This same nomenclature, at the appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3. Types of DCS that cross-connect Synchronous Transport Signal level 1 (STS-1 s) or other Synchronous Optical Network (SONET) signals (e.g., STS-3) are also DCS, although not denoted by this same type of nomenclature. DCS may provide the functionalit of more than one of the aforementioned DCS types (e.g., DCS 3/3/1 which combines functionalit of DCS 3/3 and DCS 3/1). For such DCS, the requirements wil be, at least, the aggregation of requirements on the "component" DCS. In locations where automated Cross Connection capabilit does not exist, DCS wil be defined as the combination of the functionality provided by a Digital Signal Cross-Connect (DSX) or Light Guide Cross-Connect (LGX) patch panels and D4 channel banks or other DSO and above multiplexing equipment used to provide the function of a manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another Cross Connection, or other service platform device. "Digital Signal Level" means one of several transmission rates in the time-division multiplex hierarchy. "Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice conversation using pulse code modulation. There are 24 DSO channels in a DS1. "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 ~ 13- Section 4 Definitions the initial level of multiplexing. There are 28 DS1s in a DS3. "Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is defined as the third level of multiplexing. "Digital Subscriber Line Access Multiplexet' or "OS LAM" is a network device that: (i) aggregates lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii) disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de- multiplexing). DSLAMs can connect DSL loops with some combination of CLEC ATM, Frame Relay, or IP networks. The DSLAM must be located at the end of a copper loop nearest the Servng Wire Center (e.g., in a Remote Terminal, Central Office, or a Customer's premises). . "Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that are designed to provide digital communications services over copper Loops either in addition to or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but not limited to, the following: "ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission technology that typically permits the transmission of up to 8 Mbps downstream (from the Central Ofice to the End User Customer) and up to 1 Mbps digital signal upstream (from the End User Customer to the Central Ofice) over one copper pair. "RADSL" or "Rate Adaptive Digital Subscriber Line" is a form of ADSL that can automatically assess the condition of the loop and optimize the line rate for a given line quality. "HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits over a single copper pair, T1 service over 2 copper pairs, or future E1 service over 3 copper pairs. "HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps. "IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi- directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching. "SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission technology that permits the bi-directional transmission from up to 160 kbps to 2.048 Mbps on a single pair. "VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission technology that permits the transmission of up to 52 Mbps downstream (from the Central Ofice to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the End User Customer to the Central Ofice). VDSL can also be 26 Mbps symmetrical, or other combination. "Directory Assistance Database" shall have the meaning set forth in Section 10.5.2.2, 10.5.2.8, and 10.5.2.9. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 14- Section 4 Definitions "Directory Assistance Service" includes, but is not limited to, making available to callers, upon request, information contained in the Directory Assistance Database. Directory Assistance Service includes, where available,- the option to complete the call at the caller's direction. "Directory Assistance Lists" shall have the meaning set forth in Section 10.6.1.1. "Directory Listings" are any information: (1) identifying the listed names of subscribers of a Telecommunications Carrier and such subscriber's telephone numbers, addressees, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses or classifications; and (2) that the Telecommunications Carrier or an Affilate has published, caused to be published, or accepted for publication in any directory format. . "Disturber" is defined as a technology recognized by industry standards bodies that significa~tly degrades service using another technology (such as how AMI T1 x affects DSL). "Due Date" means the. specific date on which the requested service is to be available to the CLEC or to CLEC's End User Customer, as applicable. 'i "DSX Panel" means a cross-connect bay or panel used for the termination of equipmentahdfacilties operating at digital rates. ' "Effective Date" shall have the meaning set forth in Section 1.4. "Electronic Bonding is a real-time and secure electronic exchange of data between information systems in separate companies. Electronic Bonding allows electronic access to services which have traditionally been handled through manual means. The heart of Electronic Bonding is strict adherence to both International and National standards. These standards define the communication and data protocols allowing all organizations in the world to exchange information. "Electronic File Transfer" means any system or process that utilizes an electronic format and protocol to send or receive data files. "Emergency Service Number" or "ESN" is a three to five digit number representing a unique combination of Emergency Response Agencies (law enforcement, fire and emergency medical service) designed to serve a specific range of addresses within a particular geographical area. The ESN faciltates Selective Routing and transfer, if required, to the appropriate PSAP and the dispatch of proper Emergency Response Agency(ies). "End User Customer" means a third part retail Customer that subscribes to a Telecommunications Service provided by either of the Parties or by another Carrier or by two (2) or more Carriers. "Enhanced Services" means any service offered over Common Carrier transmission facilties that employ computer processing applications that act on the format, content, code, protocol or similar aspects of a subscriber's transmitted information; that provide the subscriber with additional, diferent or restructured information; or involve End User Customer interaction with stored information. "Enhanced 911" or "E911" shall have the meaning set forth in Section 1 0.3.1. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -15- Section 4 Definitions "Environmental Hazard" means any substance the presence, use, transport, abandonment or disposal of which (i) requires investigation, remediation, compensation, fine or penalty under any Applicable law (including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions. with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health, safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable law. "Exchange Access" (IntraLATA Toll) as used in Section 7 is defined in accordance with Owests current Intra LATA toll serving areas, as determined by Owests state and interstate Tarifs and excludes toll provided using Switched Access purchased by an IXC. "Exchange Access" as used in the remainder of the SGAT shall have the meaning set forth in the Act. "Exchange Message Interface" or "EMI" means the format used for exchange of Telecommunications message information among Telecommunications Carriers. It is referenced in the Allance for Telecommunications Industry Solutions (ATIS) document that defines industry guidelines for the exchange of message records. "Exchange Message Record" or "EMR" is the standard used for exchange of telecommunications message information between telecommunications providers for bilable, non-bilable, sample, settlement and study data. EMR format is contained in BR-010-200-010 CRIS Exchange Message Record, a Telcordia document that defines industry standards for exchange message records. "Exchange Service" or "Extended Area Service (EAS)/local Traffic" means traffic that is originated and terminated within the local Callng Area as determined by the Commission. "FCC" means the Federal Communications Commission. "Fiber Meet" means an Interconnection architecture method whereby the Parties physically interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at a mutually-agreed-upon location' "Finished Services" means complete end to end services offered by Owest to wholesale or retail Customers. Finished Services do not include Unbundled Network Elements or combinations of Unbundled Network Elements. Finished Servces include voice messaging, Owest provided DSl, Access Services, private lines, retail services and resold services. "Firm Order Confirmation" or "FOC" means the notice Owest provides to ClEC to confirm that the ClEC local Service Order (lSR) has been received and has been successfully processed. The FOC confirms the schedule of dates committed to by Owest for the Provisioning of the service requested. "Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity between the networks of service providers that are not directly connected to each other; or (ii) provides third party database services such as L1DB. The SS7 messages received by Hub Providers are accepted or rejected by the Hub Provider depending on whether a contractual arrangement exists between the Hub Provider and the message originator (sender) and whether the message originator has contracted for the type of SS7 messages being submitted for transmission to the Hub Provider. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -16- Section 4 Definitions "Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit i. "Information Service" is the offering of a capabilit for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via Telecommunications, and includes electronic publishing, but does not include any use of any such capabilty for the management, control, or operation of a Telecommunications system or the management of a Telecommunications Service. "Integrated Digital Loop Carrier" means a subscriber Loop Carrier system, which integrates multiple voice channels within the Switch on a DS1 level signaL. "Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network service. Basic Rate ISDN (BRI) provides for channelized (2 bearer and 1 data) end-to-end . digital connectivity for the transmission of voice or data on either or both bearer channels and packet data on the data channeL. Primary Rate ISDN (PRI) provides for 23 bearer channels and 1 data channeL. For BRI, the bearer channels operate at 64 Kbps and the data channel at 16 Kbps. For PRI, all 24 channels operate at 64 Kbps or 1.5 Mbps. "Interconnection" is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone Exchange Service traffic, Exchange Access and Jointly Provided Switched Access traffic. "Interconnection Agreement" or "Agreement" is an agreement entered into between Qwest and CLEe for Interconnection, Unbundled Network Elements or other services as a result of negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the Act. When CLEC signs and delivers a copy of this SGAT to Qwest pursuant to the notice provision of the SGAT, it becomes the Interconnection Agreement between the Parties pursuant to Section 252(f) of the Act. "Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll services. 'Interim Number Portability" or "INP" is a method of number portability, such as Remote Call Forwarding ("RCP') or any other comparable and technically feasible arrangement, that allows one Part to port telephone numbers from its network to the other Part's network with as little impairment of quality, reliabilit and convenience to the customer as possible, but does not comply with the Local Number Portabilit performance criteria set forth in 47 C.F.R. Section 52.23 (a). "lnterLATA Traffic" describes Telecommunications between a point located in a Local Access and Transport Area ("LATA") and a point located outside such area. "lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Callng Area. "Interoperabilty" means the ability of a Qwest ass Function to process seamlessly (Le., without any manual intervention) business transactions with CLEC's ass application, and vice versa, by means of secure exchange of transaction data models that use data fields and usage rules that can be received and processed by the other Part to achieve the intended ass Function and related response. (See also Electronic Bonding.) "Legitimately Related" terms and conditions are those rates, terms, and conditions that relate Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXQ Idaho/CDS-020124-0083 -17- Section 4 Definitions solely to the individual Interconnection, service or element being requested by CLEC under Section 252(i) of the Act, and not those relating to other Interconnection, services or elements in the approved Interconnection Agreement. These rates terms and conditions .are those that, when taken together, are the necessary rates, terms and conditions for establishing the business relationship between the Parties as to that particular Interconnection, service or element. This definition is not intended to limit the FCC's interpretation of "legitimately related" as found in its rules, regulations or orders or the interpretation of a court of competent jurisdiction. "LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code shown in the LERG from one Carrier to another Carrier. "Line Information Database" or "LlDB" shall have the meaning as set forth in Section 9.15.1.1. "Line Side" refers to End Ofice Switch connections that have been programmed to treat the circuit as a local line connected to a terminating station (e.g., an End User Customer's telephone station set, a PBX, answering machine, facsimile machine or computer). "Local Access Transport Area" or "LATA" is as defined in the Act. "Local Callng Area" is as defined by the Commission. "Local Exchange Carriet' or "LEC" means any Carrier that is engaged in the proviSion of telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c) of the Act, except to the extent that the FCC finds that such service should be included in the definition of such term. "Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well as Network Element and equipment designations. "Local Interconnection Service or "LIS" Entrance Facility" is a DS1 or DS3 facility that extends from CLEC's Switch location or Point of Interconnection (POI) to the Qwest Serving Wire Center. An Entrance Facilty may not extend beyond the area served by the Qwest Serving Wire Center. "Local Interconnection Service" or "LIS" is the Qwest product name for its provision of Interconnection as described in Section 7 of this Agreement. "Local Number Portabilty" or "LNP" shall have the meaning set forth in Section 1 0.2.1.1. "Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1. "Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish industry-wide ordering and Biling processes for ordering local services. "Local Service Request' or "LSR" means the industry standard forms and supporting documentation used for ordering local services. "Loop Concentrator/Multiplexet' or "LCM" is the Network Element that does one or more of the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CD5-020124-0083 -18- Section 4 Definitions following: aggregates lower bit rate. or bandwidth signals to higher bit rate or bandwidth signals (multiplexing); disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals (demultiplexing); aggregates a specified number of signals or channels to fewer channels (concentrating); performs signal conversion, including encoding of signals (e.g., analog to digital and digital to analog signal conversion); or in some instances performs electrical to optical (EtO) conversion. LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or Central Ofices. "Location Routing Number" or "LRN" means a unique 1 O-digit number assigned to a Central Office Switch in a defined geographic area for call routing purposes. This 10-digit number serves as a network address and the routing information is stored in a database. Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a database query to obtain the Location Routing Number that corresponds with the Switch serving the dialed telephone number. Based on the Location Routing Number, the querying Carrier then routes the call to the Switch serving the ported number. The term "LRN" may also be used to refer to a method of LNP. "Main Distribution Frame" or "MDF" means a Owest distribution frame (e.g., COSMICTM frame) used to connect Owest cable pairs and line and trunk equipment terminals on a Owest switching system. "Maintenance and Repair" involves the exchange of information between Carriers where one initiates a request for maintenance or repair of existing products and services or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports in order to ensure proper operation and functionality of facilities. "Maintenance of Service charge" is a charge that relates to trouble isolation. Maintenance of Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when the Owest technician performs work during standard business hours. Overtime Maintenance of Service charges apply when the Owest technician performs work on a business day, but outside standard business hours, or on a Saturday. Premium Maintenance of Service charges apply when the Owest technician performs work on either a Sunday or Owest recognized holiday. "Master Street Address Guide" or "MSAG" is a database of street names and house number ranges within their associated communities defining particular geographic areas and their associated ESNs to enable proper routing of 911 calls. "Meet Point" is a point of Interconnection between two networks, designated by two Telecommunications Carriers, at which one Carrier's responsibilit for service begins and the other Carrier's responsibilty ends. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -19- Section 4 Definitions "Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" refers to an arrangement whereby two LECs (including a LEC and CLEC) jointly provide Switched Access Service to an Interexchange Carrier, with each LEC (or CLEC) receiving an appropriate share of the revenues from the IXC as defined by their effective access Tarifs. "Mid-Span Meet' means an Interconnection between two (2) networks, designated by two Telecommunications Carriers, whereby each provides its own cable and equipment up to the Meet Point of the cable facilities. "Miscellaneous Charges" mean cost-based charges that Owest may assess in addition to recurring and nonrecurring rates set forth in Exhibit A, for activities CLEC requests Owest. to perform, activities CLEC authorizes, or charges that are a result of CLEC's actions, such as cancellation charges, additional labor and maintenance. Miscellaneous Charges are not . already included in Owests recurring or nonrecurring rates. Miscellaneous Charges are listed in Exhibit A. "Multiple Exchange Carrier Access Biling" or "MECAB" refers to the document prepared by the Biling Commitee of the Ordering and Biling Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications Industry Solutions (ATIS). The MECAB document, published by Telcordia Technologies as Special Report SR-BDS-000983, contains the recommended guidelines for the Billng of an access service provided by two or more LECs (including a LEC and a CLEC), or by one LEC in two or more states within a single LATA. "Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services - Industry Support Interface, refers to the document developed by the Ordering/Provisioning Commitee under the auspices of the Ordering and Biling Forum (OBF), which functions under the auspices of the Carrier Liaison Commitee (CLC) of the Allance for Telecommunications Industry Solutions (ATIS). The MECOD document, published by Telcordia Technologies as Special Report SR STS-002643, establishes recommended guidelines for processing orders for access service which is to be provided by two or more LECs (including aLEC and a CLEC).lt is published by Telcordia Technologies as SRBDS 00983. "N-1 Carriet' means the Carrier in the call routing process immediately preceding the terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under the FCC's rules) to determine the LRN value for correctly routing a call to a ported number. "National Emergency Number Association" or "NENA" is an association which fosters the technological advancement, availabilty and implementation of 911 Service nationwide through research, planning, training, certification, technical assistance and legislative representation. "Near Real Time" means that Owests OSS electronically receives a transaction from CLEC, automatically processes that transaction, returns the response to that transaction to CLEC in an automatic event driven manner (without manual intervention) via the interface for the OSS Function in question. Except for the time it takes to send and receive the transaction between Owests and CLEC's OSS application, the processing time for Owests representatives should be the same as the processing time for CLEC's representatives. Current benchmarks using TCIF 98-006 averages between two and four seconds for the connection and an average transaction transmital. The specific agreed metrics for "near-real-time" transaction processing wil be contained in the Performance Indicator Descnptions (PIDs), where applicable. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LH/XO Idaho/CDS-020124-0083 -20- Section 4 Definitions "Network Element" is a facility or equipment used in the provision of Telecommunications Service. It also includes features, functions, and capabilties that are provided by means of such facilty or equipment, including subscriber numbers, databases, signaling systems, and information sufficient for Biling and collection or used in the transmission, routing, or other provision of a Telecommunications Service. "Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-commitee responsible for developing business process rules for Maintenance and Repair or trouble administration. "Network Interface Device" or "NID" is a Network Element that includes any means of interconnection of Customer Premises wiring to Qwests Distribution plant, such as a cross connect device used for that purpose. "New Service Provider" means the Party to which an End User Customer switches its local exchange service or the Part to which an End User Customer is porting its telephone number(s). "911 Service" shall have the meaning set forth in Section 10.3.1. "911/E911 Interconnection Trunk Groups" shall have the meaning set forth in Section 10.3.7. "North American Numbering Council" or "NANC" means the federal advisory committee chartered by the FCC to analyze, advise, and make recommendations on numbering issues. "North American Numbering Plan" or "NANP" means the basic numbering plan for the Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as the area code) followed by a 3-digit NXX code and 4-digit line number. "Number Portability Administration Center" or "NPAC" means one of the seven regional number portabilty centers involved in the dissemination of data associated with ported numbers. The NPACs were established for each of the seven, original Bell Operating Company regions so as to cover the 50 states, the District of Columbia and the U.S. territories in the North American Numbering Plan area. "Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique three-digit indicator that is defined by the "A," "B" and "C" digits .of each 10-digit telephone number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2) general categories of NPA. "Geographic NPA" is associated with a defined geographic area, and all telephone numbers bearing such NPA are associated with services provided within that Geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC Code), is typically associated with a specialized Telecommunications Service which may be provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are examples of Non-Geographic NPAs. "NXX," "NXX Code," "Central Ofice Code," or "CO Code" is the three digit Switch entity code which is defined by the D, E and F digits of a 10 digit telephone number within the NANP. "Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 21- Section 4 Definitions "Ordering and Billng Forum" or "OBP' means the telecommunications industry forum, under the auspices of the Carrier Liaison Commitee of the Allance for Telecommunications Industry Solutions, concerned with inter-company ordering and Biling. "Originating Line Information" or "OLl" is an CCS SS7 Feature Group D signaling parameter which refers to the number transmitted through the network identifying the Biling number of the callng party. "P .01 Transmission Grade of Service" means a circuit switched trunk facilit Provisioning standard with the statistical probabilty of no more than one call in 1 00 blocked on initial attempt during the average busy hour. "Packet Switch" is a router designed to read the destination address in an incoming cell or . packet, consult a routing table and route the packet toward its destination. Packetizing is done in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or protocols exist (e.g., x.25, x.75, frame relay, ATM, and IP). "Parity" means the provision of non-discriminatory access to Interconnection, Resale, Unbundled Network Elements and other services provided under this Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided by Qwest wil be provided in "substantially the same time and manner" to that which Qwest provides to itself, its End User Customers, its Affilates or to any other part. "Part" means either Qwest or CLEC and "Parties" means Qwest and CLEC. "Percent Local Usage" or "PLU" is a calculation which represents the ratio of the local minutes to the sum of local and intraLATA toll minutes sent between the Parties over Local Interconnection Trunks. Directory Assistance Services, CMRS traffic, transiting calls from other LECs and Switched Access Services are not included in the calculation of PLU. "Person" is a general term meaning an individual or association, corporation, firm, joint-stock company, organization, partnership, trust or any other form or kind of entity. "Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B. "Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC. "Physicai Collocation" shall have the meaning set forth in Section 8.1.1. "Pole Attachment" shall have the meaning set forth in Section 1 0.8.1. "Point of Interface", "Point of Interconnection," or "POI" is a demarcation between the networks of two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of traffic takes place. "Point of Presence" or "POP" means the Point of Presence of an IXC. "Port" means a line or trunk connection point, including a line card and associated peripheral equipment, on a Central Ofice Switch but does not include Switch features. The Port serves as the hardware termination for line or Trunk Side facilties connected to the Central Ofice Switch. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 22- Section 4 Definitions Each line side Port is typically associated with one or more telephone numbers that serve as the Customer's network address. "POTS" means plain old telephone service. "Power Spectral Densit (PSD) Masks" are graphical templates that define the limits on signal power densities across a range of frequencies to permit divergent technologies to coexist in close proximity within the same Binder Groups. "Premises" refers to Qwests 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 Ofices, Wire Centers, buildings and structures. "Product Catalog" or "PCA T' is a Qwest document that provides information needed to request services available under this Agreement. Qwest agrees that CLEC shall not be held to the requirements of the PCAT. The PCAT is available on Qwests Web site: httpllww.qwest.com/wholesale/pcatl "Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in secti.on 9.2.2.9.7, including out of hours coordination. "Proof of Authorization" or "POA" shall have the meaning set forth in Section 5.3.1. "Proprietary Information" shall have the same meaning as Confidential Information. "Provisioning" involves the exchange of information between Telecommunications Carriers where one (1) executes a request for a set of products and services or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports. "Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same number of digits as ANI, that is not a NANP telephone directory number and may be used in place of an ANI to convey special meaning, determined by agreements, as necessary, between the system originating the cali, intermediate systems handling and routing the call, and the destination system. "Public Safety Answering Point" or "PSAP" is the public safety communications center where 911/E911 calls for a specific geographic area are answered. "Public Switched Network" includes all Switches and transmission facilties, whether by wire or radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the NANP in connection with the provision of switched services' "Rate Center' identifies 1) the specific geographic point identified by specific vertical and horizontal (V&H) coordinates, which are used to measure distance sensitive End User Customer traffic tolfrom the particular NPA-NXX designations with the specific Rate Center, and 2) the corresponding geographic area which is associated with one or more particular NPA-NNX Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 23- Section 4 Definitions codes which have been assigned to a LEC or its provision of Telephone Exchange Service. "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 CLEC Application and makes functional space available to CLEC. Such work includes, but is not necessarily limited to: DC power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables between CLEC and power are terminated), cage enclosures, primary AC outlet, cable racking, and circuit terminations (e.g., fiber jumpers are placed between the outside plant fiber distribution panel and the Central Ofice fiber distribution panel serving CLEC) and APOT/CFA are complete, telephone service, and other services and facilties ordered by CLEC for Provisioning by the RFS date. "Records Issue Date" or "RID" means the date that all design and assignment information is . sent to the necessary service implementation groups. "Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the telephone network. If an End User Customer changes its local service provider from one Party to the other Part, using RCF, the old service provider's switch wil route the End User Customer's calls to the new servce provider by translating the dialed number into another telephone number with an NXX corresponding to the new service provider's switch. The new servce provider then completes the routing of the call to its new End User Customer. "Remote Premises" means all Qwest Premises, other than Qwest Wire Centers or adjacent to Qwest Wire Centers. Such Remote Premises include controlled environmental vaults, controlled environmental huts, cabinets, pedestals and other Remote Terminals. "Remote Terminal" or "RT' means a cabinet, vault or similar structure at an intermediate point between the End User Customer and Qwests Central Ofice, where Loops are aggregated and hauled to the Central Ofice or Serving Wire Center using LCM. A Remote Terminal may contain active electronics such as digital Loop Carriers, fiber hubs, DSLAMs, etc. "Reseller" is a category of CLECs who purchase the use of Finished Services for the purpose of resellng those Telecommunications Services to their End User Customers. "Reserved Numbers" means those telephone numbers which are not in use but which are held in reserve by a Carrier under a legally enforceable written agreement for a specific End User Customer's future use. "Scheduled Issued Date" or "SID" means the date the order is entered into Qwests order distribution system. "Selective Router" means the equipment necessary for Selective Routing. "Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional responsibilit for the service address of the caller, irrespective of telephone company exchange or Wire Center boundaries. Selective Routing may also be used for other services. "Service Control Point' or "SCP" means a node in the CCS network to which information requests for service handling, such as routing, are directed and processed. The SCP is a real time database system that, based on a query from a Service Switching Point (SSP), performs subscriber or application-specific service logic and then sends instructions back to the SSP on how to continue call processing. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 24- Section 4 Definitions "Service Creation Environment" is a computer containing generic call processing softare that can be programmed to create new Advanced Intellgent Network call processing services. "Service Provider Identification" or "SPID" is the number that identifies a service provider to the relevant NPAC. The SPID may be a state specific number. "Serving Wire Center" denotes the Wire Center from which dial tone for Local Exchange Service would normally be provided to a particular Customer premises. "Service Date" or "SO" means the date service is made available to the End User Customer. This also is referred to as the "Due Date." "Shared Transport" shall have the meaning set forth in Section 9.8.1.1. "Signaling System 7" or "SS7" is an out~of~band signaling protocol consisting of four basic sub~ protocols: 1) Message Transfer Part (MTP), which provides functions for basic routing of signaling messages between signaling points; 2) Signaling Connection Control Part (SCCP), which provides additional routing and management functions for transfer of messages other than call setup between signaling points; 3) Integrated Services Digital Network User Part (ISUP), which provides for transfer of call setup signaling information between signaling points; and 4) Transaction Capabilities Application Part (TCAP) , which provides for transfer of non-circuit related information between signaling points. "Signaling Transfer Point" or "STP" means a Packet Switch that performs message routing functions and provides information for the routing of messages between signaling end points, including SSPs, SCPs, Signaling Points (SPs) and other STPs in order to set up calls and to query call~related databases. An STP transmits, receives and processes Common channel Signaling (CCS) messages. "Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F. "Spectrum Compatibilit means the capability of two (2) Copper Loop transmission system technologies to coexist in the same cable without service degradation and to operate satisfactorily in the presence of cross talk noise from each other. Spectrum compatibilit is defined on a per twisted pair basis for specific well-defined transmission systems. For the purposes of issues regarding Spectrum Compatibilit, service degradation means the failure to ineet the Bit Error Ratio (BER) and Signal~to~Noise Ratio (SNR) margin requirements defined for the specific transmission system for all Loop lengths, model Loops, or loss values within the requirements for the specific transmission system. "Splitter" means a device used in conjunction with a DSLAM either to combine or separate the high (DSL) and low (voice) frequency spectrums of the Loop in order to provide both voice and data over a single Loop. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -25- Section 4 Definitions "Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 12.2.9.3.2. "Subloop" shall have the meaning set forth in Section 9.3.1.1. "Suspended Lines" means subscriber lines that have been temporarily disconnected. "Switch" means a switching device employed by a Carrier within the Public Switched Network. Switch includes but is not limited to End Ofice Switches, Tandem Switches, Access Tandem Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a combination of End OficelTandem Switches. "Switched Access Service" means the offering of transmission and switching services to . Interexchange Carriers for the purpose of the origination or termination of telephone toll service. Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX access, and 900 access and their successors or similar Switched Access Services. "Switched Access Traffic," as specifically defined in Qwests interstate Switched Access Tarifs, is traffic that originates at one of the Part's End User Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates at one of the Party's End User Customers, whether or not the traffic transits the other Part's network. "Synchronous Optical Network" or "SONET" is a TDM-based (time division multiplexing) standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards Association (ECSA) for the American National Standards Institute ("ANSI"). "Tariff" as used throughout this Agreement refers to Qwest interstate Tarifs and state Tarifs, price lists, and price schedules. ''Technically Feasible." Interconnection, access to unbundled Network Elements, Collocation, and other methods of achieving Interconnection 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 fulfilment of a request by a Telecommunications Carrier for such Interconnection, access, or methods. A determination of technical feasibilty does not include consideration of economic, accounting, Biling, space, or site concerns, except that space and site concerns may be considered in circumstances where there is no possibilit of expanding the space available. The fact that an incumbent LEC must modify its facilties 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 reliabilty impacts must prove to the Commission by clear and convincing evidence that such Interconnection, access, or methods would result in specific and significant adverse netork reliabilty impacts. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. ''Telecommunications Carrier" means any provider of Telecommunications Services, except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the Act only to the extent that it is engaged in providing Telecommunications Servces, except that Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -26- Section 4 Definitions the Federal Communications Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. "Telecommunications Equipment" means equipment, other than Customer Premises Equipment, used by a Carrier to provide Telecommunications Services, and include software integral to such equipment, including upgrades. "Telecommunications Services" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. ''Telephone Exchange Service" means a service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish . to End User Customers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or comparable service provided through a system of Switches, transmission equipment or other facilties (or combinations thereof) by which a subscriber can originate and terminate a Telecommunications Service. "TELRIC" means Total Element Long-Run Incremental Cost. ''Toil Free Service" means service provided with any dialing sequence that invokes Toll Free, Le., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free Service 800/888/877/866 NPA SAC codes. "Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data, related field rules, format, structure, syntax, attributes, segments, elements, qualifiers, valid values that are required to initiate and process a business function from one trading partner to another. Some business function events, e.g., pre-order inquiry and response are defined as complimentary Transaction Sets. An example of a Transaction Set is service address validation inquiry and service address validation response. "Trunk Side" refers to Switch connections that have been programmed to treat the circuit as connected to another switching entity. "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. "Unbundled Network Element Platform" or "UNE-P" is a combination of Unbundled Network Elements as set forth in Section 9.23. "UNE Combination" means a combination of two (2) or more Unbundled Network Elements that were or were not previously combined or connected in Qwests network as required by the FCC, the Commission or this Agreement. "Virtual Collocation" shall have the meaning set forth in Sections 8.1.1.1 and 8.2.2.1. "Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications Services provided to low-income subscribers, pursuant to requirements established by the Commission or the FCC. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 27- Section 4 Definitions "Waste" means all hazardaus and non-hazardous substances and materials which are intended to be discarded, scrapped or recycled, associated with activities CLEC or Qwest or their respective contractors or agents- perform at Work Locations. It shall be presumed that all substances or materials associated with such activities, that are not in use or incorporated into structures (including without limitation damaged components or tools, leftovers, containers, garbage, scrap, residues or by products), except for substances and materials thatCLEC, Qwest or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. Waste shall not include substances, materials or components incorporated into structures (such as cable routes) even after such components or structure are no longer in current use. "Wire Center" denotes a building or space within a building that serves as an aggregation point on a given Carrier's network, where transmission facilties are connected or switched. Wire . Center can also denote a building where one or more Central Ofices, used for the provision of Basic Exchange Telecommunications Services and Access Services, are located. "Wired and Ofice Tested Date" or "war means the date by which all intraoffice wiring is completed, all plug-ins optioned and aligned, frame continuit established, and the interoffice facilities, if applicable, are tested. This includes the date that switching equipment, including translation loading, is installed and tested. "Work Locations" means any real estate that CLEC or Qwest, as appropriate, owns, leases or licenses, or in which it holds easements or other rights to use, or does use, in connection with this Agreement. Terms not otherwise defined here but defined in the Act and the orders and the rules implementing the Act, shall have the meaning defined there. The definition of terms that. are included here and are also defined in the Act, or its implementing orders or rules, are intended to include the definition as setforth in the Act and the rules implementing the Act. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Jdaho/CDS-020124-0083 -28- Section 5 Terms and Conditions Section 5.0 - TERMS AND CONDITIONS 5.1 General Provisions 5.1.1 Intentionally Left Blank. 5.1.2 The Parties are each solely responsible for participation in and compliance with national network plans, including the National Network Security Plan and the Emergency Preparedness Plan. 5.1.3 Neither Part shall use any service related to or use any of the services provided in this Agreement in any manner that interferes with other Persons in the use of their service, prevents other Persons from using their service, or otherwise impairs the qualit of service to other . Carriers or to either Party's End User Customers. In addition, neither Part's provision of or use of services shall interfere with the servces related to or provided under this Agreement. 5.1.3.1 If such impairment is material and poses an immediate threat to the safety of either Part's employees, Customers or the public or poses an immediate threat of a service interruption, that Part shall provide immediate notice by email to the other Part's designated representative(s) for the purposes of receiving such notification. Such notice shall include 1) identification of the impairment (including the basis for identifying the other Parts facilities as the cause of the impairment), 2) date and location of the impairment, and 3) the proposed remedy for such impairment for any affected service. Either Part may discontinue the specific service that violates the provision or refuse to provide the same tye of service if it reasonably appears that the particular service would cause similar harm, until the violation of this provision has been corrected to the reasonable satisfaction of that Party and the service shall be reinstituted as soon as reasonably possible. The Parties shall work cooperatively and in good faith to resolve their diferences. In the event either Part disputes any action that the other Part seeks to take or has taken pursuant to this provision, that Part may pursue immediate resolution by expedited or other Dispute Resolution. 5.1.3.2 If the impairment is servce impacting but does not meet the parameters set forth in section 5.1.3.1, such as low level noise or other interference, the other Part shall provide written notice within five (5) calendar Days of such impairment to the other Part and such notice shall include the information set forth in subsection 5.1.3.1. The Parties shall work cooperatively and in good faith to resolve their differences. If the impairment has not been corrected or cannot be corrected within five (5) business days of receipt of the notice of non-compliance, the other Part may pursue immediate resolution by expedited or other Dispute Resolution. 5.1.3.3 If either Part causes non-service impacting impairment the other Party shall provide written notice within fifteen (15) calendar Days of the impairment to the other Part and such notice shall include the information set forth in subsection 5.1.3.1. The Parties shall work cooperatively and in good faith to resolve their diferences. If either Part fails to correct any such impairment within fifeen (15) calendar Days of written notice, or if such non-compliance cannot be corrected within fifteen (15) calendar Days of written notice of non-compliance, and if the impairing Part fails to take all appropriate steps to correct as soon as reasonably possible, the other Part may pursue immediate resolution by expedited or other Dispute Resolution. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXQ Idaho/CDS-020124-0083 - 29- ~ Section 5 Terms and Conditions 5.1.3.4 It is the responsibility of either Party to inform its End User Customers of service impacting impairment that may result in discontinuance of service as soon as the Part receives notice of same. 5.1.4 Each Part is solely responsible for the services it provides to its End User Customers and to other Telecommunications Carriers. This provision is not intended to limit the liabilit of either Part for its failure to penorm under this Agreement. 5.1.5 The Parties shall work cooperatively to minimize fraud associated with third-number biled calls, calling card calls, and any other services related to this Agreement. 5.1.6 Nothing in this Agreement shall prevent either Part from seeking to recover the costs and expenses, if any, it may incur in (a) complying with and implementing its obligations under . this Agreement, the Act, and the rules, regulations and orders of the FCC and the Commission, and (b) the development, modification, technical installation and maintenance of any systems or other infrastructure which it requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing, Owest shall not assess any charges against CLEC for services, facilities, Unbundled Network Elements, ancilary service and other related works or services covered by this Agreement, unless the charges are expressly provided for in this Agreement. All services and capabilties currently provided hereunder (including resold Telecommunications Services, Unbundled Network Elements, UNE combinations and ancilary services) and all new and additional services or Unbundled Network Elements to be provided hereunder, shall be priced in accordance with all applicable provisions of the Act and the rules and order of the Federal Communications Commission and orders of the Commission. 5.2 Term of Agreement 5.2.1 This Agreement shall become effective on the date set forth in Section 1.4 pursuant to Section 252 of the Act. This Agreement shall be binding upon the Parties for a term of two (2) years and shall expire on April 25, 2004. 5.2.2 Upon expiration of the term of this Agreement, this Agreement shall continue in full force and effect until superseded by a successor agreement in accordance with this Section 5.2.2. Any Part may request negotiation of a successor agreement by writen notice to the other Part no earlier than one hundred sixt (160) Days prior to the expiration of the term, or the Agreement shall renew on a month to month basis. The date of this notice wil be the starting point for the negotiation window under section 252 of the Act. 5.2.2.1 Prior to the conclusion of the term specified above, CLEC may obtain Interconnection services under the terms and conditions of a then-existing SGAT or agreement to become effective at the conclusion of the term or prior to the conclusion of the term if CLEC so chooses. 5.3 Proof of Authorization 5.3.1 Each Part shall be responsible for obtaining and maintaining Proof of Authorization (POA), as required by applicable federal and state law, as amended from time to time. 5.3.2 The Parties shall make POAs available to each other upon request in the event of an allegation of an unauthorized change in accordance with all Applicable Laws and rules and shall Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 -30- Section 5 Terms and Conditions be subject to any penalties contained therein. 5.4 Payment 5.4.1 Amounts payable under this Agreement are due and payable within thirt (30) calendar Days after the date of invoice, or within twenty (20) calendar Days after receipt of the invoice, whichever is later (payment Due Date). If the payment Due Date is not a business day, the payment shall be due the next business day. 5.4.2 One Party may discontinue processing orders for the failure of the other Part to make full payment for the relevant services, less any disputed amount as provided for in Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement within thirt (30) calendar · Days following the payment Due Date. The Biling Part wil notify the other Part in . writing at least ten (10) business days prior to discontinuing the processing of orders for the relevant services. If the Billng Part does not refuse to accept additional orders for the relevant services on the date specified in the ten (10) business days notice, and the other Part's non- compliance continues, nothing contained herein shall preclude the Billng Part's right to refuse to accept additional orders for the relevant services from the non-complying Part without further notice. For order processing to resume, the biled Part wil be required to make full payment of all charges for the relevant services not disputed in good faith under this Agreement. Additionally, the Billng Part may require a deposit (or additional deposit) from the biled Part, pursuant to this section. In addition to other remedies that may be available at law or equit, the biled Part reserves the right to seek equitable relief including injunctive relief and specific performance. 5.4.3 The Billng Part may disconnect any and all relevant services for failure by the biled Part to make full payment, less any disputed amount as provided for in Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement within sixt (60) calendar Days following the payment Due Date. The biled Party wil pay the applicable reconnect charge set forth in Exhibit A required to reconnec each resold End User Customer line disconnected pursuant to this paragraph. The Billng Part will notify the biled Part in at least ten (10) business days prior to disconnection of the unpaid service(s). In case of such disconnection, all applicableundisputed charges, including termination charges, shall becme due. If the Billng Part does not disconnect the billed Part's service(s) on the date specified in the ten (10) business days notice, and the biled Part's noncompliance continues, nothing contained herein shall preclude the Billng Part's right to disconnect any or all relevant services of the non- complying Part without further notice. For reconnection of the non-paid servce to occur, the biled Part wil be required to make full payment of all past and current undisputed charges under this Agreement for the relevant servces. Additionally, the Billng Part wil request a deposit (or recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the biled Part, pursuant to this Section. Both Parties agree, however, that the application of this provision.wil be suspended for the initial three (3) Biling cycles of this Agreement and wil not apply to amounts biled during those three (3) cycles. In addition to other remedies that may be available at law or equity, each Part reserves the right to seek equitable relief, including injunctive relief and specific performance. 5.4.4 Should CLEC or Owest dispute, in good faith, any portion of the nonrecurring charges or monthly Billng under this Agreement, the Parties wil notify each other in writing within fifeen (15) calendar Days following the payment Due Date identifying the amount, reason and rationale of such dispute. At a minimum, CLEC and Owest shall pay all undisputed amounts due. Both CLEC and Owest agree to expedite the investigation of any disputed amounts, Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 31- Section 5 Terms and Conditions promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute prior to initiating any other rights or remedies. 5.4.4.1 If a Part disputes charges and does not pay such charges by the payment Due Date, such charges may be subject to late payment charges. If the disputed charges have been withheld and the dispute is resolved in favor of the Biling Party, the withholding Part shall pay the disputed amount and applicable late payment charges no later than the second Bil Date following the resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the Billng Part shall credit the bil of the disputing Party for the amount of the disputed charges and any late payment charges that have been assessed no later than the second Bil Date after the resolution of the dispute. If a Part pays the disputed charges and the dispute is resolved in favor of the Billng Part, no further action is required. 5.4.4.2 If a Part pays the charges disputed at the time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the dispute is resolved in favor of the disputing Part the Biling Part shall, no later than the second Bil Date after the resolution of the dispute: (1) credit the disputing Part's bil for the. disputed amount and any associated interest or (2) pay the remaining amount to CLEC, if the disputed amount is greater than the bil to be credited. The interest calculated on the disputed amounts wil be the same rate as late payment charges. In no event, however, shall any late payment charges be assessed on any previously assessed late payment charges. 5.4.4.3 If a Part fails to dispute a charge and discovers an error on a bil it has paid after the period set forth in section 5.4.4, the Part may dispute the bil at a later time through an informal process, through an Audit pursuant to the Audit provisi.on of this Agreement, through the Dispute Resolution provision of this Agreement, or applicable state statutes or Commission rules. 5.4.5 Each Part wil determine the other Part's credit status based on previous payment history or credit reports such as Dun and Bradstreet. If a Part has not established satisfactory credit with the other Part according to the above provisions or the Part is repeatedly delinquent in making its payments, or the Part is being reconnected after a disconnection of service or discontinuance of the processing of orders by the Biling Party due to a previous nonpayment situation, the Biling Party may require a deposit to be held as security for the payment of charges before the orders from the biled Part wil be provisioned and completed or before reconnection of service. "Repeatedly delinquent' means any payment received thirt (30) calendar Days or more after the payment Due Date, three (3) or more times during a twelve (12) month period. The deposit may not exceed the estimated total monthly charges for an average two (2) month period within the 151 three (3) months for all services. The deposit may be a surety bond if allowed by the applicable Commission regulations, a letter of credit with terms and conditions acceptable to the Billng Part, or some other form of mutually acceptable security such as a cash deposit. Required deposits are due and payable within thirt (30) calendar Days after demand. 5.4.6 Interest wil be paid on cash deposits at the rate applying to deposits under applicable Commission regulations. Cash deposits and accrued interest wil be credited to the biled Part's account or refunded, as appropriate, upon the expiration of the term of the Agreement or the establishment of satisfactory credit with the Billng Part, which wil generally be one full year of timely payments of undisputed amounts in full by the biled Part. Upon a material change in Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -32- Section 5 Terms and Conditions financial standing, the biled Part may request and the Biling Part wil consider a recalculation of the deposit. The fact that a deposit has been made does not relieve CLEC from any requirements of this Agreement. - 5.4.7 The Biling Party may review the other Part's credit standing and modify the amount of deposit required but in no event wil the maximum amount exceed the amount stated in 5.4.5. 5.4.8 The late payment charge for amounts that are biled under this Agreement shall be in accordance with Commission requirements. 5.4.9 Each Party shall be responsible for notifying its End User Customers of any pending disconnection of a non-paid service by the biled Part, if necessary, to allow those Customers to make other arrangements for such non-paid services. .5.5 Taxes 5.5.1 Any federal, state, or local sales, use, excise, gross receipts, transaction or similar taxes, fees or surcharges resulting from the performance of this Agreement shall be borne by the Part upon which the obligation for payment is imposed under Applicable -Law, even if the obligation to collect and remit such taxes is placed upon the other Part. However, where the selling Part is permited by law to collect such taxes, fees or surcharges, from the purchasing Part, such taxes, fees or surcharges shall be borne by the Part purchasing the services. Each Part is responsible for any tax on its corporate existence, status or income. Whenever possible, these amounts shall be biled as a separate item on the invoice. To the extent a sale is claimed to be for resale tax exemption, the purchasing Part shall furnish the providing Party a proper resale tax exemption certificate as authorized or required by statute or regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption certificate is provided, no exemptions wil be applied. If either Part (the Contesting Part) contests the application of any tax collected by the other Part (the Collecting Part), the Collecting Part shall reasonably cooperate in good faith with the Contesting Part's challenge, provided that the Contesting Part pays any costs incurred by the Collecting Part. The Contesting Part is entitled to the benefit of any refund or recovery resulting from the contest, provided that the Contesting Part is liable for and has paid the tax contested. 5.6 Insurance 5.6.1 Each Part 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'su rating of B+XII with respect to liabilty arising from that Part's operations for which that Part has assumed legal responsibilty in this Agreement. If either Part or its parent company has assets equal to or exceeding $10,000,000,000, that Part may utilze an Affiliate captive insurance company in lieu of a "Best's" rated insurer. To the extent that the parent company of a Party is relied upon to meet the $10,000,000,000 asset threshold, such parent shall be responsible for the insurance obligations contained in this Section 5.6.1, to the extent its affilated Part fails to meet such obligations. 5.6.1.1 Workers' Compensation with statutory limits as required in the state of operation and Employers' Liabilty insurance with limits of not less than $100,000 each accident. 5.6.1.2 Commercial General Liabilit insurance covering claims for bodily injury, death, personal injury or propert damage occurring or arising out of the use or Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 33- Section 5 Terms and Conditions occupancy of the premises, including coverage for independent contractor's protection (required if any work wil be subcontracted), premises-operations, products and/or completed operations and contractual liability with respect to the liability assumed by each Part hereunder. The limits of insurance shall not be less than $1,000,000 each occurrence and $2,000,000 general aggregate limit. 5.6.1.3 Business automobile liabilty insurance covering the ownership, 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 propert damage. 5.6.1.4 Umbrella/Excess Liabilty insurance in an amount of $10,000,000 excess of Commercial General Liability insurance specified above. These limits may be obtained through any combination of primary and excess or umbrella liabilit insurance so long as the total limit is $11,000,000. 5.6.1.5 "All Risk" Propert coverage on a full replacement cost basis insuring all of CLEC personal propert situated on or within the Premises. 5.6.2 Each Part wil initially provide certificate(s) of insurance evidencing coverage, and thereafter wil provide such certificates upon request. Such certificates shall (1) name the other Party as an additional insured under commercial general liability coverage; (2) provide thirt (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 Part; and (4) acknowledge severability of interest/cross liabilty coverage. 5.7 Force Majeure 5.7.1 Neither Part shall be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence including, without limitation, acts of nature, acts of civil or miltary authority, government regulations, embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event). Inabilty to secure products or services of other Persons or transportation facilties or acts or omissions of transportation Carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the Part's control and without that Party's fault or negligence. The Party affected by a Force Majeure Event shall give prompt notice to the other Part, shall be excused from performance of its obligations hereunder on a Day to Day basis to the extent those obligations are prevented by the Force Majeure Event, and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. 5.8 Limitation of Liabilty 5.8.1 Each Part's liability to the other Part for any loss relating to or arising out of any act or omission in its performance under this Agreement, whether in contract, warranty, strict liabilty, or tort, including (without limitation) negligence of any kind, shall be limited to the total amount that is or would have been charged to the other Part by such breaching Party for the service(s) or function(s) not performed or improperly performed. Each Part's liability to the other Part for Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -34- Section 5 Terms and Conditions any other losses shall be limited to the total amounts charged to CLEC under this Agreement during the contract year in which the cause accrues or arises. Payments pursuant to the QPAP should not be counted against the"limit provided for in this SGAT Section. 5.8.2 Neither Part shall be liable to the other for indirect, incidental, consequential, or special damages, including (without limitation) damages for lost profits, lost revenues, lost savings suffered by the other Part regardless of the form of action, whether in contract, warranty, strict liabilty, tort, including (without limitation) negligence of any kind and regardless of whether the Parties know the possibility that such damages could result. If the Parties enter into a Performance Assurance Plan under this Agreement, nothing in this Section 5.8.2 shall limit amounts due and owing under any Performance Assurance Plan. 5.8.3 Intentionally Left Blank. 5.8.4 Nothing contained in this Section shall limit either Part's liability to the other for (i) wilful or intentional misconduct or (ii) damage to tangible real or personal propert proximately caused solely by such Part's negligent act or omission or that of their respective agents, subcontractors, or employees. 5.8.5 Nothing contained in this Section 5.8 shall limit either Part's obligations of indemnification specified in this Agreement, nor shall this Section 5.8 limit a Part's liabilit for failing to make any payment due under this Agreement. 5.8.6 Intentionally Left Blank. 5.9 Indemnity 5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement the following constitute the sole indemnification obligations between and among the Parties: 5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold harmless the other Part and each of its officers, directors, employees and agents (each an Indemnitee) from and against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated including, but not limited to, reasonable costs and expenses (including attorneys' fees), whether suffered, made, instituted, or asserted by any Person or entity, for invasion of privacy, bodily injury or death of any Person or Persons, or for loss, damage to, or destruction of tangible propert, whether or not owned by others, resulting from the Indemnifing Part's breach of or failure to perform under this Agreement, regardless of the form of action, whether in contract, warranty, strict liabilty, or tort including (without limitation) negligence of any kind. 5.9.1.2 In the case of claims or loss alleged or incurred by an End User Customer of either Party arising out of or in connection with services provided to the End User Customer by the Party, the Part whose End User Customer alleged or incurred such claims or loss (the Indemnifying Part) shall defend and indemnif the other Part and each of its officers, directors, employees and agents (collectively the Indemnified Part) against any and all such claims or loss by the Indemnifying Part's, End User Customers regardless of whether the underlying service was provided or Unbundled Element was provisioned by the Indemnified Part, unless the loss was caused by the wilful misconduct of the Indemnified Part. The obligation to indemnify with respect to claims Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXQ Idaho/CDS-020124-0083 - 35- Section 5 Terms and Conditions of the Indemnifying Part's End User Customers shall not extend to any claims for physical bodily injury or death of any Person or person, or for loss, damage to, or destruction of tangible property, whether or not owned by others, alleged to have resulted directly from the negligence or intentional conduct of the employees, contractors, agents, or other representatives of the Indemnified Party. 5.9.1.3 Reserved for Future Use. 5.9.1.4 For purposes of Section 5.9.1.2, where the Parties have agreed to provision line sharing using a POTS Splitter: "End User Customer" means the DSL provider's End User Customer for claims relating to DSL and the voice service provider's End User Customer for claims relating to voice service. . 5.9.2 The indemnification provided herein shall be conditioned upon: 5.9.2.1 The Indemnified Part shall promptly notify the Indemnifying Party of any action taken against the Indemnified Part relating to the indemnification. Failure to so notify the Indemnifying Part shall not relieve the Indemnifing Part of any liability that the Indemnifying Part might have, except to the extent that such failure prejudices the Indemnifying Part's ability to defend such claim. 5.9.2.2 If the Indemnifing Part wishes to defend against such action, it shall give written notice to the Indemnified Part of acceptance of the defense of such action. In such event, the Indemnifying Party shall have sole authority to defend any such action, including the selection of legal counsel, and the Indemnified Part may.engage separate legal counsel only at its sole cost and expense. In the event that the Indemnifying Part does not accept the defense of the action, the Indemnified Part shall have the right to employ counsel for such defense at the expense of the Indemnifying Part. Each Party agrees to cooperate with the other Part in the defense of any such action and the relevant records of each Part shall be available to the other Part with respect to any such defense. 5.9.2.3 In no event shall the Indemnifying Part settle or consent to any judgment pertaining to any such action without the prior written consent of the Indemnified Part. In the event the Indemnified Part withholds consent, the Indemnified Party may, at its cost, take over such defense, provided that, in such event, the Indemnifying Part shall not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified Part against, any cost or liabilit in excess of such refused compromise or settlement. 5.10 Intellectual Propert 5.10.1 Except for a license to use any facilities or equipment (including softare) solely for the purposes of this Agreement or to receive any service solely (a) as provided in this Agreement or (b) as specifically required by the then-applicable federal and state rules and regulations relating to Interconnection and access to Telecommunications facilties and services, nothing contained within this Agreement shall be construed as the grant of a license, either express or implied, with respect to any patent, copyright, trade name trade mark, service mark, trade secret, or other proprietary interest or intellectual propert, now or hereafter owned, controlled or licensable by either Part. Nothing in this Agreement shall be construed as the grant to the other Part of any rights or licenses to trade or service marks. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 36- Section 5 Terms and Conditions 5.10.2 Subject to Section 5.9.2, each Part (the Indemnifying Part) shall indemnif and hold the other Part (the Indemnified Part) harmless from and against any loss, cost, expense or liability arising out of a claim that the use of facilties of the i ndemnifying Party or services provided by the indemnifying Party provided or used pursuant to the terms of this Agreement misappropriates or otherwise violates the intellectual propert rights of any third party. In addition to being subject to the provisions of Section 5.9.2, the obligation for indemnification recited in this paragraph shall not extend to infringement which results from (a) any combination of the facilities or services of the Indemnifying Part with facilities or services of any other Person (including the Indemnified Part but excluding the Indemnifying Part and any of its Affilates), which combination is not made by or at the direction of the Indemnifing Part or (b) any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at the request of the Indemnified Part and not required by the Indemnifying Part. In the event of any claim, the Indemnifing Part may, at its sole option (a) obtain the right for the Indemnified Part to continue to use the facility or service; or (b) replace or modify the facilit or servce to make such facilty or service non-infringing. If the Indemnifing Party is not reasonably able to obtain the right for continued use or to replace or modify the facilit or service as provided in the preceding sentence and either (a) the facility or service is held to be infringing by a court of competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facilty or service wil be held to infringe, the Indemnifing Part shall notify the Indemnified Part and the parties shall negotiate in good faith regarding reasonable modifications to this Agreement necessary to (1) mitigate damage or comply with an injunction which may result from such infringement or (2) allow cessation of further infringement. The Indemnifying Part may request that the Indemnified Part take steps to mitigate damages resulting from the infringement or alleged infringement including, but not limited to, accepting modifications to the facilities or services, and such request shall not be unreasonably denied. 5.10.3 To the extent required under applicable federal and state law, Qwest shall use its best efforts to obtain, from its vendors who have licensed intellectual propert rights to Qwest in connection with facilties and services provided hereunder, licenses under such intellectual propert rights as necessary for CLEC to use such facilties and services as contemplated hereunder and at least in the same manner used by Qwest for the facilities and services provided hereunder. Qwest shall notif CLEC immediately in the event that Qwest believes it has used its best efforts to obtain such rights, but has been unsuccessful in obtaining such rights. 5.10.3.1 Qwest covenants that it wil not enter into any licensing agreements with respect to any Qwest facilities, equipment or services, including software, that contain provisions that would disqualify CLEC from using or interconnecting with such facilities, equipment or services, including softare, pursuant to the terms of this Agreement. Qwest warrants and further covenants that it has not and wil not knowingly modify any existing license agreements for any network facilties, equipment or servces, including softare, in whole or in part for the purpose of disqualifing CLEC from using or interconnecting with such facilities, equipment or services, including softare, pursuant to the terms of this Agreement. To the extent that providers of facilties, equipment, services or softare in Qwests network provide Qwest with indemnities covering intellectual propert liabilties and those indemnities allow a flow-through of protection to third parties, Qwest shall flow those indemnity protections through to CLEC. 5.10.4 Except as expressly provided in this Intellectual Property Section, nothing in this Agreement shall be construed as the grant of a license, either express or implied, with respect to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -37- Section 5 Terms and Conditions propert right now or hereafter owned, controlled or licensable by either Part. Neither Part may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual propert rights of the other Part or its Affiliates without execution of a separate agreement between the Parties. 5.10.5 Neither Part shall without the express written permission of the other Part, state or imply that: 1) it is connected, or in any way affiliated with the other or its Affilates; 2) it is part of a joint business association or any similar arrangement with the other or its Affilates; 3) the other Part and its Affilates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials, the resold goods and services are in any way associated with or originated from the other or any of its Affiliates. Nothing. in this paragraph shall prevent either Part from truthfully describing the Network Elements it uses to provide service to its End User Customers, provided . it does not represent the Network Elements as originating from the other Part or its Affiliates in any marketing, advertising or promotional activities or materials. 5.10.6 For purposes of resale only and notwithstanding the above, unless otherwise prohibited by Qwest pursuant to an applicable provision herein, CLEC may use the phrase "CLEC is a Reseller of Qwest Services" (the Authorized Phrase) in CLEC's printed materials provided: 5.10.6.1 The Authorized Phrase is not used in connection with any goods or services other than Qwest services resold by CLEC. 5.10.6.2 CLEC's use of the Authorized Phrase does not cause End User Customers to believe that CLEC is Qwest. 5.10.6.3 The Authorized Phrase, when displayed, appears only in text form (CLEC may not use the Qwest logo) with all letters being the same font and point size. The point size of the Authorized Phrase shall be no greater than one fourth the point size of the smallest use of CLEC's name and in no event shall exceed 8 point size. 5.10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to Qwest for its prior written approvaL. 5.10.6.5 If Qwest determines that CLEC's use of the Authorized Phrase causes End User Customer confusion, Qwest may immediately terminate CLEC's right to use the Authorized Phrase. 5.10.6.6 Upon termination of CLEC's right to use the Authorized Phrase or termination of this Agreement, all permission or right to use the Authorized Phrase shall immediately cease to exist and CLEC shall immediately cease any and all such use of the Authorized Phrase. CLEC shall either promptly return to Qwest or destroy all materials in its possession or control displaying the Authorized Phrase. 5.10.7 Qwest and CLEC each recognize that nothing contained in this Agreement is intended as an assignment or grant to the other of any right, title or interest in or to the trademarks or service marks of the other (the Marks) and that this Agreement does not confer any right or license to grant sublicenses or permission to third parties to use the Marks of the other and is not assignable. Neither Part wil do anything inconsistent with the other's ownership of their respecive Marks, and all rights, if any, that may be acquired by use of the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 38- Section 5 Terms and Conditions Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law governing Marks worldwide and neither Party wil infringe the Marks of the other. 5.10.8 Upon request, for all intellectual propert owned or controlled by a third part and licensed to Qwest associated with the Unbundled Network Elements provided by Qwest under this Agreement, either on the Effective Date or at any time during the term of the Agreement, Qwest shall within ten (10) business days, unless there are extraordinary circumstances in which case Qwest wil negotiate an agreed upon date, then disclose to CLEC in writing (i) the name of the Part owning, controllng or licensing such intellectual propert, (ii) the facilties or equipment associated with such intellectual propert, (iii) the nature of the intellectual property, and (iv) the relevant agreements or licenses governing Qwests use of the intellectual property. Except to the extent Qwest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license within ten (10) business . days of a request by CLEC, Qwest shall provide copies of any relevant agreements or licenses governing Qwests use of the intellectual propert to CLEC. To the extent Qwest is prohibited by confidentialit or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license, Qwest shall immediately, within ten (10) business days (i) disclose so much of it as is not prohibited, and (ii) exercise best efforts to cause the vendor, licensor or other beneficiary of the confidentiality provisions to agree to disclosure of the remaining portions under terms and conditions equivalent to those governing access by and disclosure to Qwest. 5.11 Warranties 5.11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST,. ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL FAULTS. 5.12 Assignment 5.12.1 Neither Part may assign or transfer (whether by operation of law or otherwise) this Agreement (or any rights or obligations hereunder) to a third part without the prior writen consent of the other Part. Notwithstanding the foregoing, either Party may assign or transfer this Agreement to a corporate Affilate or an entity under its common control; without the consent of the other Part, provided that the performance of this Agreement by any such assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not permitted is void ab initio. Without limiting the generalit of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors and assigns. 5.12.2 In the event that Qwest transfers to any unaffiliated party exchanges including End User Customers that CLEC serves in whole or in part through facilities or services provided by Qwest under this Agreement, the transferee shall be deemed a successor to Qwests responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of such transfer or until such later time as the Commission may direct pursuant to the Commission's then applicable statutory authority to impose such responsibilities either as a condition of the transfer or under such other state statutory authori as may give it such power. In the event of such a proposed transfer, Qwest shall use its best efforts to facilitate discussions between CLEC and the Transferee with respect to Transferee's assumption of Qwests obligations pursuant to the Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 39- Section 5 Terms and Conditions terms of this Agreement. 5.12.3 Nothing in this section is intended to restrict CLEC's rights to opt into Interconnection Agreements under § 252 of the Act. 5.13 Default 5.13.1 If either Party defaults in the payment of any amount due hereunder, or if either Part violates any other material provision of this Agreement, and such default or violation shall continue for thirt (30) calendar Days after written notice thereof, the other Part may seek relief in accordance with the Dispute Resolution provision of this Agreement. The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of .any such provision, . but the same shall, nevertheless, be and remain in full force and effect. 5.14 Disclaimer of Agency 5.14.1 Except for provisions herein expressly authorizing a Part to act for another, nothing in this Agreement shall constitute a Part as a legal representative or agent of the other Part, nor shall a Part have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name or on behalf of the other Part unless otherwise expressly permitted by such other Part. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Part whether regulatory or contractual, or to assume any responsibility for the management of the other Part's business. 5.15 Severabilty 5.15.1 In the event that anyone or more of the provisions contained herein shall for any reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties wil negotiate in good faith for replacement language as set forth herein. If any part of this Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceabilty wil affect only the portion of this Agreement which is invalid or unenforceable. In all other respects, this Agreement wil stand as if such invalid or unenforceable provision had not been a part hereof, and the remainder of this Agreement shall remain in full force and effect. 5.16 Nondisclosure 5.16.1 All information, including but not limited to specifications, microfilm, photocopies, magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical information, data, employee records, maps, financial reports, and market data, (i) furnished by one Part to the other Part dealing with business or marketing plans End User Customer specific, facility specific, or usage specific information, other than End User Customer information communicated for the purpose of providing Directory Assistance or publication of directory database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked at the time of delivery as "Confidential" or "Proprietary, or (iii) communicated and declared to the receiving Part at the time of delivery, or by written notice given to the receiving Part within ten (10) calendar Days after delivery, to be "Confidential" or "Proprietary (collectively referred to as "Proprietary Information"), shall remain the propert of the disclosing Party. A Part who receives Proprietary Information via an oral communication may request writen confirmation that the material is Proprietary Information. A Part who delivers Proprietary Information via an Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -40- Section 5 Terms and Conditions oral communication may request writen confirmation that the Part receiving the information understands that the material is Proprietary Information. Each Part shall have the right to correct an inadvertent failure to identify information as Proprietary Information by giving written notification within thirt (30) Days after the information is disclosed. The receiving Part shall from that time forward, treat such information as Proprietary Information. 5.16.2 Upon request by the disclosing Part, the receiving Part shall return all tangible copies of Proprietary Information, whether written, graphic or otherwise, except that the receiving Part may retain one copy for archival purposes. 5.16.3 Each Part shall keep all of the other Part's Proprietary Information confidential and wil disclose it on a need to know basis only. In no case shall retail marketing, sales personnel, or strategic planning have access to such Proprietary Information. The Parties shall . use the other Part's Proprietary Information only in connection with this Agreement. Neither Party shall use the other Party's Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. 5.16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth in this Agreement do not apply to such Proprietary Information as: a) was at the time of receipt already known to the receiving Part free of any obligation to keep it confidential evidenced by writen records prepared prior to delivery by the disclosing Part; or b) is or becomes publicly known through no wrongful act of the receiving Part; or c) is rightfully received from a third Person having no direct or indirect secrecy or confidentiality obligation to the disclosing Part with respect to such information; or d) is independently developed by an employee, agent, or contractor of the receiving Part which individual is not involved in any manner with the provision of services pursuant to the Agreement and does not have any direct or indirect access to the Proprietary Information; or e) is disclosed to a third Person by the disclosing Part without similar restrictions on such third person's rights; or f) is approved for release by written authorization of the.disclosing Part; or g) is required to be disclosed by the receiving Part pursuant to Applicable Law or regulation provided that the receiving Part shall give sufficient notice of the requirement to the disclosing Part to enable the disclosing Part to seek protective orders. 5.16.5 Nothing herein is intended to prohibit a Part from supplying factual information about its network and Telecommunications Services on or connected to its network to regulatory agencies including the Federal Communications Commission and the Commission so long as any confidential obligation is protected. In addition either Part shall have the right to disclose Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the Department of Justice or any court in the conduct of any proceeding arising under or relating in any way to this Agreement or the conduct of either Party in connection with this Agreement, including without limitation the approval of this Agreement, or in any proceedings concerning the Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 - 41- Section 5 Terms and Conditions provision of InterLATA services by Qwest that are or may be required by the Act. The Parties agree to cooperate with each other in order to seek appropriate protection or treatment of such Proprietary Information pursuant to an appropriate protective order in any such proceeding. 5.16.6 Effective Date of this Section. Notwithstanding any other provision of this Agreement, the Proprietary Information provisions of this Agreement shall apply to all information furnished by either Part to the other in furtherance of the purpose of this Agreement, even if furnished before the Effective Date. 5.16.7 Each Party agrees that the disclosing Part could be irreparably injured by a breach of the confidentiality obligations of this Agreement by the receiving Party or its representatives and that the disclosing Part shall be entitled to seek equitable relief, including injunctive relief and specific performance in the event of any breach of the confidentiality . provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all other remedies available at law or in equity. 5.16.8 Nothing herein should be construed as limiting either Part's rights with respect to its own Proprietary Information or its obligations with respect to the other Part's Proprietary Information under Section 222 of the Act. 5.16.9 Forecasts provided by either Part to the other Part shall be deemed Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this material other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2. 5.16.9.1 The Parties may disclose, on a need to know basis only, CLEC individual forecasts and forecasting information disclosed by Qwest, to Qwests legal personnel in connection with their representation of Qwest in any dispute regarding the quality or timeliness or the forecast as it relates to any reason for which CLEC provided it to Qwest under this Agreement, as well as to CLEC's wholesale account managers, wholesale LIS and Collocation product managers, network and growth planning personnel responsible for preparing or responding to such forecasts or forecasting information. In no case shall retail marketing, sales or strategic planning have access to this forecasting information. The Parties wil inform all of the aforementioned personnel with access to such Confidential Information, of its confidential nature and wil require personnel to execute a nondisclosure agreement which states that, upon threat of termination, the aforementioned personnel may not reveal or discuss such information with those not authorized to receive it except as specifically authorized by law. Violations of these requirements shall subject the personnel to disciplinary action up to and including termination of employment. 5.16.9.1.1 Upon the specific order of the Commission, Qwest may provide the forecast information that CLECs have made available to Qwest under this Agreement, provided that Qwest shall first initiate any procedures necessary to protect the confidentiality and to prevent the public release of the information pending any applicable Commission procedures and further provided that Qwest provides such notice as the Commission directs to CLEC involved, in order to allow it to prosecute such procedures to their completion. 5.16.9.2 The Parties shall maintain confidential forecasting information in secure files and locations such that access to the forecasts is limited to the personnel Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -42- Section 5 Terms and Conditions designated in subsection 5.16.9.1 above and such that no other personnel have computer access to such information. 5.17 Survival 5.17.1 Any liabilties or obligations of a Part for acts or omissions prior to the termination of this Agreement, and any obligation of a Part under the provisions regarding indemnification, Confidential or Proprietary Information, limitations of liability, and any other provisions of this Agreement which, by their terms, are contemplated to survive (or to be performed after) termination of this Agreement, shall survive cancellation or termination hereof. 5.18 Dispute Resolution . 5.18.1 If any claim, controversy or dispute between the Parties, their agents, employees, officers, directors or affiliated agents should arise, and the Parties do not resolve it in the ordinary course of their dealings (the "Dispute"), then it shall be resolved in accordance with this Section. Each notice of default, unless cured within the applicable cure period, shall be resolved in accordance herewith. Dispute resolution under the procedures provided in this Section 5.18 shall be the preferred, but not the exclusive remedy for all disputes between Qwest and CLEC arising out of this Agreement or its breach. Each Part reserves its rights to resort to the Commission or to a court, agency, or regulatory authority of competent jurisdiction. Nothing in this Section 5.18 shall limit the right of either Qwest or CLEC, upon meeting the requisite showing, to obtain provisional remedies (including injunctive relief) from a court before, during or after the pendancy of any arbitration proceeding brought pursuant to this Section 5.18. However, once a decision is reached by the Arbitrator, such decision shall supersede any provisional remedy. 5.18.2 At the written request of either Part (the Resolution Request), and prior to any other formal dispute resolution proceedings, each Part shall within seven (7) calendar Days after such Resolution Request designate a vice-presidential level employee or a representative with authority to make commitments to review, meet, and negotiate, in good faith, to resolve the Dispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives, and the locations, format, frequency, duration, and conclusions of these discussions shall be at the discretion of the representatives. By mutual agreement, the representatives may use other procedures, such as mediation, to assist in these negotiations. The discussions and correspondence among the representatives for the purposes of these negotiations shall be treated as Confidential Information developed for purposes of settlement, and shall be exempt from discovery and production, and shall not be admissible in any subsequent arbitration or other proceedings without the concurrence of both of the Parties. 5.18.3 If the vice-presidential level representatives or the designated representative wih authority to make commitments have not reached a resolution of the Dispute within fifeen (15) calendar Days after the Resolution Request (or such longer period as agreed to in writing by the Parties), or if either Party fails to designate such vice-presidential level representative or their representative with authorit to make commitments within seven (7) calendar Days after the date of the Resolution Request, then either Part may request that the Dispute be settled by arbitration. Notwithstanding the foregoing, a Part may request that the Dispute be settled by arbitration two (2) calendar Days after the Resolution Request pursuant to the terms of Section 5.18.3.1. In any case, the arbitration proceeding shall be conducted by a single arbitrator, knowledgeable about the Telecommunications industry unless the Dispute involves amounts exceeding five milion ($5,000,000) in which case the proceeding shall be conducted by a panel Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -43- Section 5 Terms and Conditions of three (3) arbitrators, knowledgeable about the Telecommunications industry. The arbitration proceedings shall be conducted under the then-current rules for commercial disputes of the American Arbitration Association (AA) or J.A.M.S.lEndispute, at the election of the Party that initiates dispute resolution under this Section 5.18. Such rules and procedures shall apply notwithstanding any part of such rules that may limit their availabilty for resolution of a Dispute. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitrabilit of the Dispute. The arbitrator shall not have authority to award punitive damages. The arbitrator's award shall be final and binding and may be entered in any court having jurisdiction thereof. Each Part shall bear its own costs and attorneys' fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration proceedings shall occur in the Denver, Colorado metropolitan area or in another mutually agreeable location. It is acknowledged that the Parties, by mutual, writen agreement, may change any of these arbitration practices for a particular, some, or all Dispute(s). The Part which sends the Resolution Request must notify . the Secretary of the Commission of the arbitration proceeding within fort-eight (48) hours of the determination to arbitrate. 5.18.3.1 All expedited procedures prescribed by the AA or J.A.M.S.lEndispute rules, as the case may be, shall apply to Disputes affecting the abilty of a Party to provide uninterrupted, high qualit services to its End User Customers, or as otherwise called for in this Agreement. A Part may seek expedited resolution of a Dispute if the vice-presidential level representative, or other representative with authorit to make commitments, have not reached a resolution of the Dispute within two (2) calendar Days after the Resolution Request. In the event the Parties do not agree that a service affecting Dispute exists, the Dispute resolution shall commence under the expedited process set forth in this Section 5.18.3.1, however, the first matter to be addressed by the Arbitrator shall be the applicabilty of such process to such Dispute. 5.18.3.2 There shall be no discovery except for the exchange of documents deemed necessary by the Arbitrator to an understanding and determination of the Dispute. Owest and CLEC shall attempt, in good faith, to agree on a plan for such document discovery. Should they fail to agree, either Owest or CLEC may request a joint meeting or conference call with the Arbitrator. The Arbitrator shall resolve any Disputes between Owest and CLEC, and such resolution with respect to the need, scope, manner, and timing of discovery shall be final and binding. 5.18.3.3 Arbitrator's Decision 5.18.3.3.1 The Arbitrator's decision and award shall be in writing and shall state concisely the reasons for the award, including the Arbitrator's findings of fact and conclusions of law. 5.18.3.3.2 An interlocutory decision and award of the Arbitrator granting or denying an application for preliminary injunctive relief may be challenged in a forum of competent jurisdiction immediately, but no later than ten (10) business days after the appellant's receipt of the decision challenged. During the pendency of any such challenge, any injunction ordered by the Arbitrator shall remain in effect, but the enjoined Part may make an application to the Arbitrator for appropriate security for the payment of such costs and damages as may be incurred or sufered by it if it is found to have been wrongfully enjoined, if such security has not previously been ordered. If the authority of competent jurisdiction determines that it wil review, a decision granting or denying an Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -44- Section 5 Terms and Conditions application for preliminary injunctive relief, such review shall be conducted on an expedited basis. 5.18.3.4 To the extent that any information or materials disclosed in the course of an arbitration proceeding contain proprietary, trade secret or Confidential Information of either Part, it shall be safeguarded in accordance with Section 5.16 of this Agreement, or if the Parties mutually agree, such other appropriate agreement for the protection of proprietary, trade secret or Confidential Information that the Parties negotiate. However, nothing in such negotiated agreement shall be construed to prevent either Part from disclosing the other Part's information to the Arbitrator in connection with or in anticipation of an arbitration proceeding, provided, however, that the Part seeking to disclose the information shall first provide fifeen (15) calendar Days notice to the disclosing Part so that that Part, with the cooperation of the other Party, may seek a protective order from the arbitrator. Except as the Parties otherwise agree, or as the Arbitrator for good cause orders, the arbitration proceedings, including hearings, briefs, orders, pleadings and discovery shall not be deemed confidential and may be disclosed at the discretion of either Part, unless it is subject to being safeguarded as proprietary, trade secret or Confidential Information, in which event the procedures for disclosure of such information shall apply. 5.18.4 Should it become necessary to resort to court proceedings to enforce a Part's compliance with the dispute resolution process set forth herein, and the court directs or otherwise requires compliance herewith, then all of the costs and expenses, including its reasonable attorney fees, incurred by the Part requesting such enforcement shall be reimbursed by the non-complying Part to the requesting Part. 5.18.5 No Dispute, regardless of the form of action, arising out of this Agreement, may be brought by either Part more than two (2) years after the cause of action accrues. 5.18.6 Nothing in this Section is intended to divest or limit the jurisdiction and authorit of the Commission or the FCC as provided by state and federal law. 5.18.7 In the event of a conflict between this Agreement and the rules prescribed by the AA or J.A.M.S.lEndispute, this Agreement shall be controllng. 5.18.8 This Section does not apply to any claim, controversy or Dispute between the Parties, their agents, employees, offcers, directors or affiliated agents concerning the misappropriation of use of intellectual propert rights of a Part, including, but not limited to, the use of the trademark, tradename, trade dress or service mark of a Part. 5.19 Controllng Law 5.19.1 This Agreement is offered by Qwest and accepted by CLEC in accordance with applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance with applicable federal law and the state law of Idaho. 5.20 Responsibilty for Environmental Contamination 5.20.1 Neither Part shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Part did not introduce to the affected work location. Both Parties shall defend and hold harmless the other, its officers, Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -45- Section 5 Terms and Conditions directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 5.20.2 In the event any suspect materials within Qwest-owned, operated or leased facilities are identified to be asbestos containing, CLEC wil ensure that to the extent any activities which it undertakes in the faèì disturb such suspect materials, such CLEC activities wil be in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material, CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any . liability for, or in connection with, any asbestos-containing materiaL. Qwest agrees to immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment. 5.21 Notices 5.21.1 Any notices required by or concerning this Agreement shall be in writing and shall be sufficiently given if delivered personally, delivered by prepaid overnight express service, or sent by certified mail, return receipt requested, or by email where specified in this Agreement to Qwest and CLEC at the addresses shown below: Qwest Corporation Director Interconnection Compliance 1801 California, Room 2410 Denver, CO 80202 Email hhiger~qwest.com Phone 303-965-3029 Fax 303-965-3527 With copy to: Qwest Law Department Attention: Corporate Counsel, Interconnection 1801 California Street, 49th Floor Denver, CO 80202 Email Phone Fax and to CLEC at the address shown below: Rex Knowles VP Regulatory XO Communications 111 East Broadway, Suite 1000 Salt Lake City, UT 84111 Email rex.knowles~xo.com Phone 801-983-1504 Alaine Miler VP Regulatory & Public Policy XO Communications 1633 Westlake Ave North Seattle, WA 98109 Phone: 206-315-6358 Fax: 206-315-6400 Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -46- Section 5 Terms and Conditions Fax 801-983-1667 If personal delivery is selected to give notice, a receipt acknowledging such delivery must be obtained. Each Part shall inform the other of any change in the above contact Person and/or address using the method of notice called for in this Section 5.21. 5.22 Responsibilty of Each Part 5.22.1 Each Part is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction, compensation and discharge of all employees assisting in the performance of such obligations. Each Part wil be solely responsible for all matters relating to payment of such employees, including compliance with social security taxes, withholding taxes and all other regulations governing such maters. .Each . Party wil be solely responsible for proper handling, storage, transport and disposal at its own expense of all (i) substances or materials that it or its contractors or agents bring to, create or assume control over at Work Locations, and (ii) Waste resulting therefrom or otherwise generated in connection with its or its contractors' or agents' activities at the Work Locations. Subject to the limitations on liability and except as otherwise provided in this Agreement, each Party shall be responsible for (i) its own acts and performance of all obligations imposed by Applicable Law in connection with its activities, legal status and propert, real or personal, and (ii) the acts of its own Affiliates, employees, agents and contractors during the performance of that Party's obligations hereunder. 5.23. No Third Part Beneficiaries 5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any other Person. This Agreement wil not provide any Person not a Part to this Agreement with any remedy, claim, liabilty, reimbursement, claim of action, or other right in excess of those existing by reference in this Agreement. 5.24 Reserved for Future Use. 5.24.1 Reserved for Future Use. 5.25 Publicity 5.25.1 Neither Part shall publish or use any publicity materials with respect to the execution and delivery or existence of this Agreement without the prior written approval of the other Party. Nothing in this section shall limit a Part's ability to issue public statements with respect to regulatory or judicial proceedings. 5.26 Executed in Counterparts 5.26.1 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original; but such counterparts shall together constitute one and the same instrument. 5.27 Compliance 5.27.1 Each Part shall comply with all applicable federal, state, and local laws, rules Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -47- Section 5 Terms and Conditions and regulations applicable to its performance under this Agreement. Without limiting the foregoing, Qwest and CLEC agree to keep and maintain in full force and effect all permits, licenses, certificates, and other. authorities needed to perform their respective obligations hereunder. 5.28 Compliance with the Communications Assistance Law Enforcement Act of 1994 5.28.1 Each Part represents and warrants that any equipment, facilties or services provided to the other Part under this Agreement comply with the CALEA. Each Part shall indemnify and hold the other Part harmless from any and all penalties imposed upon the other Part for such noncompliance and shall at the non-compliant Part's sole cost and expense, modify or replace any equipment, facilities or services provided to the other Part under this . Agreement to ensure that such equipment, facilties and services fully comply with CALEA. 5.29 Cooperation 5.29.1 The Parties agree that this Agreement involves the provision of Qwest services in ways such services were not previously available and the introduction of new processes and procedures to provide and bil such services. Accordingly, the Parties agree to work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance, Provisioning and Biling and in reasonably resolving issues which result from such implementation on a timely basis. Electronic processes and procedures are addressed in Section 12 of this Agreement. 5.30 Amendments 5.30.1 Either Party may request an amendment to this Agreement at any time by providing to the other Part in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment within sixty (60) calendar Days after receipt of the request, either Part may pursue resolution of the amendment through the Dispute Resolution provisions of this Agreement. 5.31 Entire Agreement 5.31.1 This Agreement constitutes the entire agreement between Qwest and CLEC and supersedes all prior oral or wrien agreements, representations, statements, negotiations, understandings, proposals and undertakings with respect to the subject matter hereof. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -48- Section 6 Resale Section 6.0 - RESALE 6.1 Description 6.1.1 Qwest shall offer for resale at wholesale rates any Telecommunications Services that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the terms and conditions of this Section. All Qwest retail Telecommunications Services are available for resale from Qwest pursuant to the Act and wil include terms and conditions (except prices) in Qwests applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tarif, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controllng. . 6.1.2 While this Section 6.0 of this Agreement addresses the provision of certain Qwest services to CLEC for resale by GLEC, the Parties also acknowledge that CLEC is required to provide its Telecommunications Services to Qwest for resale by Qwest. Upon request by Qwest, CLECshall make its Telecommunications Services available to Qwest for resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC's relevant orders and rules, and the Commission's relevant orders and rules. 6.1.3 Certain Qwest services are not available for resale under this Agreement, as noted in Section 6.2. The applicable discounts for services available for resale are identified in Exhibit A. 6.2 Terms and Conditions 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwests ass at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's location to deliver training, CLEC wil pay Qwests reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End Users, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) day or less promotion period following the initial ninety (90) day or less promotion period, then the initial and subsequent promotion(s) wil be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market Trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and Lifeline/Link-up services are available only to the same class of End User eligible to purchase these services from Qwest. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each Local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -49- Section 6 Resale 6.2.2.5 Non-Telecommunications Services, such as inside wiring and maintenance, callng cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced services and Information Services other than voice messaging are not available for resale. 6.2.2.7 Qwest wil make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwests applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings wil apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving a Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End Users in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End Users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features wil be based on the Centrex definition of a system and a CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Ofice switching system. A common block defines the dialing plan for intercom callng, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Ofice switching system when CLEC requires diferent dialing plans, feature access arrangements and station line or system restrictions witin a single system operation. CLEC with multiple common blocks within the same Central Ofice Switch may have Network Access Register and Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (Le. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Ofice Switch) meet CLEC facilties (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -50- Section 6 Resale termination point is considered a location. A CLEC with multiple buildings within contiguous property (campus) wil be provisioned and billed as a single location. Contiguous propert is defined as propert owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of-way. Propert will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. A CLEC with Centrex station lines from multiple Central Ofice switching systems, within the same Qwest Wire Center, and provisioned to the same location wil not be charged for servce or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Ofice as a CLEC location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Reserved for Future Use. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End Users must be identified by CLEC as such, and CLEC wil pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwests retail End Users. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwests failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision wil be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwests service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of the CLEC; c) Intentionally Left Blank. d) Intentionally Left Blank. e) In no case shall Qwests credits to CLECexceed the amount Qwest would pay a Qwest End User e~Ûndét the serVice qualit requirements, less any wholesale discount applicable to CLEC's resold services; and Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 51 - Section 6 Resale f) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. 6.2.3.2 Fines and Penalties - Qwest shall be liable to pay to CLEC fines and penalties for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwests fines and penalties paid to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide fines and penalties in accordance with the resold services provided to CLEC. Qwest is not required to pay fines and penalties for service failures that are the fault of the CLEC; c) Reserved for Future Use. d) In no case shall Qwests fines and penalties to CLEC exceed the amount Qwest would pay the Commission under the service quality plan, less any wholesale discount applicable to CLEC's resold services;. and e) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. 6.2.4 In the event that there are existing agreements between CLEC and Qwest for resale under Qwest retail Tariff discounts, CLEC may elect to continue to obtain services for resale under the existing agreements and retail Tarif discounts, or CLEC may elect to terminate such existing agreements and obtain such services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement wil apply. 6.2.5 Reserved for Future Use. 6.2.6 The Parties may not reserve blocks of telephone numbers except as allowed by Applicable Law or regulation. 6.2.7 Qwest wil accept at no charge one primary white pages Directory Listing for each main telephone number belonging to CLEC's End User based on End User information provided to Qwest by CLEC. Qwest wil place CLEC's End Users' listings in Qwests Directory Assistance Database and wil include such listings in Qwests Directory Assistance Service. Additional terms and conditions with respect to Directory Listings are described in the Ancilary Servces Section and the Qwest Dex Section of this Agreement. 6.2.8 Qwest shall provide to CLEC, for CLEC's End Users, E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Qwest shall not be responsible for any failure of CLEC to provide accurate End User information for listings in any databases in which Qwest is required to retain and/or maintain such information. Qwest shall provide CLEC's End User information to the Automatic Location Identification/Database Management System (ALI/OMS). Qwest shall use its standard process to update and maintain CLEC's End User service information in the ALI/OMS used to support E911/911 services on the same schedule that it uses for its retail End Users. Qwest assumes no liabilit for the accuracy of information Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 - 52- Section 6 Resale provided by CLEC. 6.2.9 If Qwest provides and CLEC accepts Qwests Directory Assistance Service or operator services for CLEC's resold Local Exchange Service lines, such Directory Assistance and operator services may be provided with branding as provided in this Agreement in Sections 10.5 for Directory Assistance Service, and 10.7 for operator services. 6.2.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its End Users for InterLATA and IntraLATA services. CLEC and Qwest shall follow all Applicable Laws, rules and regulations with respect to PiC changes. Qwest shall disclaim any liability for CLEC's improper InterLATA and IntraLATA PiC change requests, and CLECshall disclaim any liabilty for Qwests improper InterLATA (when applicable) and IntraLATA PiC change requests. 6.2.11 When End Users switch from Qwest to CLEC, or to CLEC from any other Reseller and if they do not change their service address to an address served by a different Central Office, such End Users shall be permited to retain their current telephone numbers if they so desire. 6.2.12 In the event Qwest properly terminates the Provisioning of any resold services to CLEC for any reason CLEC shall be responsible for providing any and all necessary notice to its End Users of the termination. In no case shall Qwest be responsible for providing such notice to CLEC's End Users. Qwest wil provide notice to CLEC of Qwests termination of a resold service on a timely basis consistent with Commission rules and notice requirements. 6.2.13 The underlying network provider of a resold service shall be entitled to receive, from the purchaser of Switched Access, the appropriate access charges pursuant to its then effective Switched Access Tarif. 6.2.14 Resold services are available where facilities currently exist and are capable of providing such services without construction of additional facilties or enhancement of existing facilities. However, if CLEC requests that facilities be constructed or enhanced to provide resold services, Qwest wil construct facilties to the extent necessary to satisfy its obligations to provide basic Local Exchange Service as set forth in Qwests Tarif and Commission rules. Under such circumstances, Qwest wil develop and provide to CLEC a price quote for the construction. Construction charges associated with resold services wil be applied in the same manner that construction charges apply to Qwest retail End Users. If the quote is accepted by CLEC, CLEC wil be biled the quoted price and construction wil commence after receipt of payment. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXQ Idaho/CDS-020124-0083 - 53- Section 6 Resale 6.3 Rates and Charges 6.3.1 Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tarif, price list, catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are subject to Commission- approved change, and any such changes shall apply from the effective date of such change on a going-forward basis only. 6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to CLEC. .6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End Users, will continue to be paid by CLEC without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Tariffs also apply. 6.3.4 CLEC wil pay to Qwest the Primary Interexchange Carrier (PiC) change charge without discount for CLEC End User changes of Interexchange or IntraLATA Carriers. Any change in CLEC's End Users' Interexchange or IntraLATA Carrier must be requested by CLEC on behalf of its End User, and Qwest wil not accept changes to CLEC's End Users' Interexchange or IntraLATA Carrier(s) from anyone other than CLEC. 6.3.5 CLEC agrees to pay Qwest when its End User activates any services or features that are biled on a per use or per activation basis (e.g., continuous redial, last call return, call back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Qwest shall provide CLEC with sufficient information to enable CLEC to bil its End Users. 6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC wil apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End Users, except that CLEC wil receive any applicable wholesale discount. Such Miscellaneous Charges include charges listed in the applicable Tari. 6.3.7 If the Commission orders additional services to be available for resale, Qwest wil revise Exhibit A to incorporate the services added by such order into this Agreement, effective on the date ordered by the Commission. If the Commission indicates those additional services must be available for resale at wholesale discount rates, those additional services wil be added to this Agreement at the original Agreement wholesale discount rate. 6.3.8 Qwest shall timely bil new or changed Commission-ordered resale rates or charges using the effective date for such rates or charges as ordered by the Commission. If Qwest bils CLEC amounts diferent from new or changed rates or charges after the effective date of such rates or charges, Qwest shall make appropriate bil adjustments or provide appropriate bil credits on CLEC's bil(s). 6.3.9 If rates for services resold by CLEC under this Agreement change, based on changes in Qwests Tarifs, catalogs, price lists or other retail Telecommunications Services offerings, charges biled to CLEC for such services wil be based upon the new Tarif, catalogs, price lists, or other retail Telecommunications Services offerings rates less the applicable wholesale Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -54- Section 6 Resale discount, if any, as agreed to herein or as established by Commission order. The new rate wil be effective upon the effective date of the Tarif, catalog, price list, or other retail Telecommunications Services offerings. 6.3.10 Product-specific nonrecurring charges as set forth in Qwests applicable Tarifs, catalogs, price lists, or other retail Telecommunications Services offerings wil apply when new or additional resold services are ordered and installed at CLEC's request for use by CLEC's End Users. Such nonrecurring charges wil be subject to the wholesale discount, if any, that applies to the underlying service being added or changed. 6.4 Ordering Process 6.4.1 CLEC, or CLEC's agent, shall act as the single point of contact for its End Users' service . needs, including without limitation, sales, service design, order taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing, Biling, collection and inquiry. CLEC shall inform its End Users that they are End Users of CLEC for resold services. CLEC's End Users contacting Qwest in error wil be instructed to contact CLEC; and Qwests End Users contacting CLEC in error wil be instructed to contact Qwest. In responding to calls, neither Part shall make disparaging remarks about each other. To the extent the correct provider can be determined, misdirected calls received by either Part wil be referred to the proper provider of Local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing its products and services with CLEC's or Qwests End Users who call the other Part seeking such information. 6.4.2 CLEC shall transmit to Qwest all information necessary for the ordering (Biling, listing and other information), installation, repair, maintenance and post-installation servicing according to Qwests standard procedures, as described in the Qwest Product Catalog PCAT available on Qwests public web site located at http://ww.qwest.com/wholesale/pcat. Information shall be provided using Qwests designated Local Service Request (LSR) format which may include the LSR, End User and resale forms. 6.4.3 Qwest wil use the same performance standards and criteria for installation, Provisioning, maintenance, and repair of services provided to CLEC for resale under this Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest retail End Users. The installation, Provisioning, maintenance, and repair processes for CLEC's resale service requests are detailed in the Support Functions Section of this Agreement, and are applicable whether CLEC's resale service requests are submitted via Operational Support System or by facsimile. 6.4.4 CLEC is responsible for providing to Qwest complete and accurate End User listing information including initial and updated information for Directory Assistance Service, white pages directories, and E911/911 Emergency Services. The Ancilary Services Section of this Agreement contains complete terms and conditions for listings for Directory Assistance Service, white pages directories, and E911/911 Emergency Services. 6.4.5 If Qwests retail End User, or the End User's new local service provider orders the discontinuance of the End User's existing Qwest service in anticipation of End User moving to a new local service provider, Qwest wil render its closing bil to the End User, discontinuing Biling as of the date of the discontinuance of Qwests service to the End User. If a CLEC that currently provides resold service to an End User, or if End User's new local service provider orders the discontinuance of existing resold service from CLEC, Qwest wil bil the existing Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 55- Section 6 Resale CLEC for service through the date End User receives resold service from the existing CLEC. Qwest wil notify CLEC by Operational Support System interface, facsimile, or by other agreed- upon processes when an End User moves from one CLEC to a diferent local service provider. Qwest will not provide CLEC with the name of the other local service provider selected by the End User. 6.4.6 CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact for order entry, problem resolution and repair of the resold services. These points of contact wil be identified for both CLEC and Qwest in the event special attention is required on a service request. 6.4.7 Prior to placing orders on behalf of the End User, CLEC shall be responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth in the Proof of . Authorization Section of this Agreement. 6.4.8 Due date intervals for CLEC's resale service requests are established when service requests are received by Qwest through Operational Support Systems or by facsimile. Intervals provided to CLEC shall be equivalent to intervals provided by Qwest to itself, its Affiliates, its subsidiaries, other Resellers, and to Qwests retail End Users. 6.5 Biling 6.5.1 Qwest shall bil CLEC and CLEC shall be responsible for all applicable charges for the resold services as provided herein. CLEC shall also be responsible for all Tarifed, cataloged, price listed, and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that CLEC resells to an End User under this Agreement. 6.5.2 Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) calendar days of the last day of the most recent Billng period, in an agreed upon standard electronic Biling format as detailed in the Section 12.2.5, Biling information including (1) a summary bil, and (2) individual End User sub-account information consistent with the samples available for CLEC review. 6.6 Maintenance and Repair 6.6.1 Qwest wil maintain its facilities and equipment used to provide CLEC resold services. A CLEC or its End Users may not rearrange, move, disconnect or attempt to repair Qwests facilties or equipment, including facilties or equipment that may terminate or be located at the CLEC's End User's premises, other than by connection or disconnection to any interface between Qwest and the End User's facilties, without the written consent of Qwest. 6.6.2 Maintenance and repair procedures are detailed in Section 12. Access to telephone' numbers and Dialing Parity are discussed in Sections 13 and 14 respectively. 6.6.3 CLEC and Qwest wil employ the procedures for handling misdirected repair calls as specified in Section 12.3.8 of this Agreement. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -56- Section 7 Interconnection Section 7.0 - INTERCONNECTION 7.1 Interconnection FaciltY Options 7.1.1 This Section describes the Interconnection of Qwests network and CLEC's network for the purpose of exchanging Exchange Service (EAS/Local traffic), Exchange Access (IntraLATA Toll) and Jointly Provided Switched Access (InterLATA and IntraLATA) traffic. Qwest wil provide Interconnection at any Technically Feasible point within its network, including but not limited to, (i) the line-side of a local Switch (Le., local switching); (ii) the Trunk Side of a local Switch, (ii) the trunk connection points for a Tandem Switch, (iv) Central Ofice cross- connection points, (v) out-of-band signaling transfer points necessary to exchange traffic at these points and access call-related databases, and (vi) points of access to Unbundled Network Elements. Section 9 of this Agreement describes Interconnection at points (i), (iv) , (v), and (vi),. although some aspects of these Interconnection points are described in Section 7. "Interconnection" is as described in the Act and refers, in this Section of the Agreement, to the connection between networks for the purpose of transmission and routing of Telephone Exchange Service traffic and Exchange Access traffic at points (ii) and (ii) described above. Interconnection, which Qwest currently names "Local Interconnection Service" (LIS) is provided for the purpose of connecting End Ofice Switches to End Office Switches or End Office Switches to local or Access Tandem Switches for the exchange of Exchange Service (EAS/Local traffic); or End Ofice Switches to Access Tandem Switches for the exchange of Exchange Access (IntraLATA Toll) or Jointly Provided Switched Access Traffic. Qwest tandem to CLEC tandem Switch connections wil be provided where Technically Feasible. New or continued Qwest local Tandem Switch to Qwest Access Tandem Switch and Qwest Accss Tandem Switch to Qwest Access Tandem Switch connections are not required where Qwest can demonstrate that such connections present a risk of Switch exhaust and that Qwest does not make similar use of .its network to transport the local calls of its own or any Affilate's End Users. 7.1.1.1 Qwest wil provide to CLEC Interconnection at least equal in qualit to that provided to itself, to any subsidiary, Affiliate, or any other Part to which it provides Interconnection. Notwithstanding specific language in other sections of this Agreement, all provisions of this Agreement regarding Interconnection are subject to . this requirement. Qwest wil provide Interconnection under rates, terms and conditions that are just, reasonable and non-discriminatory. In addition, Qwest shall comply with all state wholesale and retail service quality requirements. 7.1.2 Methods of Interconnection The Parties wil negotiate the facilities arrangement used to interconnect their respecive networks. CLEC shall establish at least one Physical Point of Interconnection in Qwest territory in each LATA the CLEC has local Customers. The Parties shall establish, through negotiations, at least one of the following Interconnection arrangements: (1) a DS1 or DS3 Qwest provided facility; (2) Collocation; (3) negotiated Mid-Span Meet POI facilties; (4) other Technically Feasible methods of Interconnection. 7.1.2.1 Qwest-provided Facility. Interconnection may be accomplished through the provision of a DS1 or DS3 entrance facilit at any technically feasible POI of CLEC's determination. An entrance facilty extends from the Qwest Serving Wire Center to CLEC's Switch location or POI. Qwest provided entrance facilties may not extend beyond the area served by the Qwest Serving Wire Center. The rates for Qwest Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 57- Section 7 Interconnection provided entrance facilities are provided in Exhibit A. Qwests Private Line Transport service is available as an alternative to Qwest provided entrance facilities, when CLEC uses such Private Line Transport service for multiple services. Entrance facilties may be used for Interconnection with Unbundled Network Elements. 7.1.2.2 Collocation. Interconnection may be accomplished through the Collocation arrangements offered by Qwest. The terms and conditions under which Collocation wil be available are described in Section 8 of this Agreement. 7.1.2.3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of Interface, limited to the Interconnection of facilties between one Part's Switch and the other Party's Switch. The actual physical Point of Interface and facilties used wil be subject to negotiations between the Parties. Each Part wil be responsible for its portion of the.build to the Mid-Span Meet POI. A CLEC may use remaining capability in an existing Mid-Span Meet POI to gain access to unbundled network facilties; provided that CLEC shall be obliged to compensate Qwest under the terms and conditions applicable to UNEs for the portion of the facility so used. In determining such portion, the decision shall be based to the extent practicable on the guideline that the portion so determined should correspond to the nature and extent of facilities that would be required to provide access to elements in the absence of a concurrent use for Interconnection. Qwest may seek appropriate relief from the Commission if it can demonstrate that this provision has been used to occsion the installation of new facilties that, while claimed necessary for Interconnection, were actually intended for UNE access. These Mid Span Meet POls wil consist of facilties used for the Provisioning of one or two way 10cal/lntraLATA and Jointly Provided Switched . Access Interconnection trunks, as well as miscellaneous trunks such as Mass Callng Trunks, OS/DA, 911 and including any dedicated DS1, DS3 transport trunk groups used to provision originating CLEC traffic. 7.1.2.3.1 The Mid-Span Fiber Meet architecture requires each Part to own its equipment on its side of the Point of Interconnection (POI). CLECs may designate Mid Span Fiber Meet as the target architecture, except in scenarios where it is not Technically Feasible or where the Parties disagree on midpoint location. 7.1.2.3.2 In a Mid-Span Fiber Meet the Parties agree to establish technical interface specifications for Fiber Meet arrangements that permit the successful Interconnection and completion of traffic routed over the facilities that interconnect at the Fiber Meet. CLEC is responsible for providing at its location the Fiber Optic Terminal (FOT) equipment, multiplexing, and fiber required to terminate the optical signal provided by Qwest. Qwest is responsible for providing corresponding FOT(s), multiplexing, and fiber required to terminate the optical signal provided by CLEC 7.1.2.3.3 The Parties shall, wholly at their own expense, procure, install, and maintain the FOT(s) in each of their locations where the Parties establish a Fiber Meet with capacit sufficient to provision and maintain all trunk groups. The Parties shall mutually agree on the capacit of the FOT(s) to be utilzed based on equivalent DS1 sand DS3s necessary for transport of forecasted local Interconnection trunking. Each Part wil also agree upon the optical frequency and wavelength necessary to implement the Interconnection. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IHAH for LHIXO Idaho/CDS-020124-0083 - 58- Section 7 Interconnection 7.1.2.4 I ntentionally Left Blank. 7.1 .2.5 Qwest agrees to provide local I nterconnection trunk diversity to the same extent it does so in Qwests local network. 7.2 Exchange of Traffic 7.2.1 Description 7.2.1.1 This Section 7.2 addresses the exchange of traffic between CLEC's network and Qwests network. Where either Part interconnects and delivers traffic to the other from third parties, each Part shall bil such third parties the appropriate charges pursuant to its respective Tarifs or contractual offerings for such third part terminations. Unless otherwise agreed to by the Parties, via an amendment to this Agreement, the Parties wil directly exchange traffic between their respective networks without the use of third part transit providers. 7.2.1.2 The traffic types to be exchanged under this Agreement include: 7.2.1.2.1 EAS/Local Exchange Service (EAS/Local) traffic as defined in this Agreement. 7.2.1.2.2 IntraLATA Toll Exchange Access (IntraLATA Toll) traffic as defined in this Agreement. 7.2.1.2.3 Jointly Provided Switched Access Traffic is defined in Section 7.5.1. Jointly Provided Switched Access is associated with Meet-Point-Billng. 7.2.1.2.4 Transit traffic is any traffic that originates from one Telecommunications Carrier's network, transits another Telecommunications Carrier's network, and terminates to yet another Telecommunications Carrier's network. For purposes of the Agreement, transit traffic does not include traffic carried by i nterexchange Carriers. That traffic is defined as Jointly Provided Switched Access. Transit service is provided by Qwest, as a local and access tandem provider, to CLEC to enable the completion of calls originated by or terminated to another Telecommunications Carrier (such as another CLEC, an existing LEC, or a wireless Carrier), which is connected to Qwests local or access tandems. To the extent that CLEC's Switch functions as a local or Access Tandem Switch, as defined in this Agreement, CLEC may also provide transit service to Qwest. 7.2.1.2.5 Traffic having special Billng or trunking requirements includes, but is not limited to, the following: a) Directory Assistance; b) 911/E911; c) Operator busy line interrupt and verify; d) Toll free services; and Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 59- Section 7 Interconnection e) 7.2.1.2.6 ISP-bound traffic. Reserved for Future Use. 7.2.2 Terms and Conditions 7.2.2.1 Transport and Termination of Exchange Service (EAS/Local) Traffic 7.2.2.1.1 Exchange Service (EAS/Local) traffic wil be terminated as Local Interconnection Service (LIS). 7.2.2.1.2 As negotiated between the Parties, the transport of Exchange Service (EAS/Local) traffic may occur in several ways: 7.2.2.1 .2.1 One-way or two-way trunk groups may be established. However, if either Part elects to provision its own one-way trunks for delivery of Exchange Service (EAS/Local) traffic to be terminated on the other Part's network, the other Part must also provision its own one- way trunks to the extent that traffic volumes warrant. 7.2.2.1 .2.2 CLEC may purchase transport services from Qwest or from a third part, including a third part that has leased the Private Line Transport Service facilit from Qwest. Such transport provides a transmission path for the LIS trunk to deliver the originating Part's Exchange Service EAS/Local Traffic to the terminating Part's end office or tandem for call termination. Transport may be purchased from Qwest as tandem routed (Le., tandem switching, tandem transmission and direct trunked transport) or direct routed (Le., direct trunked transport). This Section is not intended to alter either Part's obligation under Section 251 (a) of the Act. 7.2.2.1.3 When either Part utilizes the other Part's tandem Switch for the exchange of local traffic, where there is a DS1's worth of traffic (512 CCS) between the originating Part's End Ofice Switch delivered to the other Part's tandem Switch for delivery to one of the other Part's End Ofice Switches, the originating Part wil order a direct trunk group to the other Part's end office. To the extent that CLEC has established a Collocation arrangement at a Qwest end office location, and has available capacity, CLEC may, at its sole option, provide two-way direct trunk facilities from that end office to CLEC's Switch. 7.2.2.1.4 LIS ordered toa tandem wil be provided as direct trunked transport between the Servng Wire Center of CLEC's POI. and the tandem. Tandem transmission rates, as specified in Exhibit A of this Agreement, wil apply to the transport provided from the tandem to Qwests end office. 7.2.2.1.5 If direct trunked transport is greater than fif (50) miles in length,and existing facilties are not available in either Part's network, and the Parties cannot agree as to which Part wil provide the facilty, the Parties wil bring the matter before the Commission for resolution on an Individual Case Basis. 7.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs) Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 - 60- Section 7 Interconnection used by a CLEC in a LATA, Qwest wil route traffic destined for CLEC Customers via direct trunking where direct trunking has been established. In the event that direct trunking has not been established, such traffic shall be routed via a Qwest tandem. 7.2.2.2 Exchange Access (IntraLATA Toll) Traffic 7.2.2.2.1 Exchange Access (IntraLATA Toll) traffic shall be delivered to Qwest at the access tandem or via separate trunks to Qwests end office(s), as designated by CLEC. 7.2.2.3 Transit Traffic 7.2.2.3.1 Qwest wil accept traffic originated by CLEC for termination to another CLEC, existing LEC, IXC or wireless Carrier that is connected to Qwests local and/or access tandems. Qwest wil also terminate traffic from these other Telecommunications Carriers to CLEC. For purposes of the Agreement, transit traffic does not include traffic carried by Interexchange Carriers. That traffic is defined as Jointly Provided Switched Access. 7.2.2.3.2 To the extent Technically Feasible, the Parties involved in transporting transit traffic will deliver calls to each involved network with CCS/SS7 Protocol and the appropriate ISUprrCAP messages to faciltate full I nteroperability and Biling functions. 7.2.2.3.3 The originating company is responsible for payment of appropriate rates to the transit company and to the terminating company. In the case of Exchange Access (IntraLATA Toll) traffic where Qwest is the designated IntraLATA Toll provider for existing LECs, Qwest wil be responsible for payment of appropriate usage rates. 7.2.2.3.4 When Qwest receives an unqueried call from CLEC to a number that has been ported to another local services provider, the transit rate wil apply. 7.2.2.4 Jointly Provided Switched Access. The Parties wil use industry standards developed to handle the Provisioning and Biling of jointly provided switched access (MECAB, MECOD, and the Parties' FCC and state access Tariffs). Each Part wil bil the IXC the appropriate portion of its Switched Access rates. Qwest wil also provide the one~time notification to CLEC of the Billng name, Biling address and Carrier identification codes of the IXCs subtending any access tandems to which CLEC directly connects. This type of traffic is discussed separately in this Section. 7.2.2.5 Interface Code Availabilty. Supervisory signaling specifications, and the applicable network channel interface codes for LIS trunks can be found in the Qwest Technical Publication for Local Interconnection Service 77398. 7.2.2.6 Switching Options 7.2.2.6.1 SS7 Out of Band Signaling. SS7 Out of Band Signaling is available for LIS trunks. SS7 Out~of~Band Signaling must be requested on the order for the new LIS trunks. Common Channel Signaling Access Capabilit Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 61- Section 7 Interconnection Service may be obtained through the following options: (a) as set forth in this Agreement at Section 9.6 or 9.13; (b) as defined in the Qwest FCC Tarif #5 (Section 20); or (c) from a third party signaling provider. Each of the Parties, Qwest and CLEC, wil provide for Interconnection of their signaling network for the mutual exchange of signaling information in accordance with the industry standards as described in Telcordia documents, including but not limited to GR- 905 CORE, GR-954 CORE, GR-394 CORE and Qwest Technical Publication 77342. 7.2.2.6.2 Clear Channel Capability. Clear Channel Capability (64CCC) permits 24 OSO-64 Kbps services or 1.536 Mbps of information on the 1.544 Mbps/s line rate. 64CCC is available for LIS trunks equipped with SS7 Out-of- Band signaling. 64CCC must be requested on the order for the new LIS trunks. Qwest wil provide CLEC with a listing of Qwest switches fully capable of routing 64CCC traffic through the Qwest website: http://ww.qwest.com/disclosures. Where available to Qwest, Qwest wil provide CLEC with the same 64CCC on an alternate route or if necessary via an overlay network. 7.2.2.6.3 MF Signaling. Interconnection trunks with MF signaling may be ordered by CLECif the Qwest Central Ofice Switch does not have SS7 capability or if the Qwest Central Ofice Switch does not have SS7 diverse routing. 7.2.2.7 Measurement of terminating Local Interconnection Service (LIS) minutes begins when the terminating LIS entry Switch receives answer supervision from the called End User's end office indicating the called End User has answered. The measurement of terminating call usage over LIS trunks ends when the terminating LIS entry Switch receives disconnect supervision from either the called End User's end office, indicating the called End User has disconnected, or CLEC's Point of Interconnection, whichever is recognized first by the entry Switch. This is commonly referred to as "conversation time." The Parties wil only charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of use are aggregated at the end of the Billng cycle by end office and rounded to the nearest whole minute. 7.2.2.8 LIS Forecasting 7.2.2.8.1 Both CLEC and Qwest shall work in good faith to define a mutually agreed upon forecast of LIS trunking. 7.2.2.8.2 Both Parties shall have the obligation to participate in joint planning meetings at semi annual intervals to establish trunk design and Provisioning requirements. The Parties agree to provide mutual trunk forecast information to ensure End User call completion between the Parties' networks. Such forecasts shall be for LIS trunking which impacts the Switch capacit and facilities of each Part. Qwest shall provide trunk group specific projections to the CLEC on or before the date of the joint planning meeting. 7.2.2.8.3 Switch capacity growth requiring the addition of new switching modules may require six (6) months to order and install. To align with the timeframe needed to provide for the requested facilities, including engineering, ordering, installation and make ready activities, for capacity growth, Qwest wil Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 62- Section 7 Interconnection utilize CLEC forecasts and near-term demand submited on Unforecast Demand Notification Forms to ensure availabilty of Switch capacity. 7.2.2.8.4 The forecast wil identify trunking requirements for a two (2) year period. From the semi-annual close date as outlined in the forecast cycle, the receiving Part wil have one (1) month to determine network needs and place vendor orders which may require a six (6) month interval to complete the network build. Seven (7) months after submission of the forecast, Qwest wil have the necessary capacity in place to meet orders against the forecast. For ordering information see Section 7.4. See also Section 7.2.2.8.6. 7.2.2.8.5 Both Parties wil follow the forecasting and Provisioning requirements of this Agreement for the appropriate sizing of trunks, and use of direct end office vs. tandem routing. See Section 7.2.2.1.3. 7.2.2.8.6 LIS Forecasting Deposits: In the event of a dispute regarding forecast quantities, where in each of the preceding eighteen (18) months, trunks- required is less than fif percent (50%) of trunks in service, Qwest wil make capacity available in accordance with the lower forecast. 7.2.2.8.6.1 Three (3) weeks after a forecasting cycle, Qwest wil provide CLEC feedback in the form of a potentially lower forecast. In the event of a dispute regarding forecast quantities, wherein each of the preceding eighteen (18) months, trunks-required is less than fift percent (50%) of trunks in service each month, Qwest wil make capacity available in accordance with the higher forecast if CLEC provides Qwest with a deposit according to the following terms. As to the diference between the lower and higher forecast, Qwest reserves the right to require, prior to construction, a refundable deposit of up to one hundred percent (100%) of the trunk-group specific estimated cost to provision the new trunks, if CLEC's trunk state wide average utilzation over the prior eighteen (18) months is less than fif percent (50%) of trunks in service each month. Qwest wil return the deposit if CLEC's state-wide average trunks in service to trunk usage (utilzation) ratio exceeds fif percent (50%) within six (6) months of the forecasting period to which the deposit applies. If CLEC does not achieve the fif percent (50%) utilization within six (6) months, Qwest wil retain a pro-rata portion of the deposit to cover its capital cost of Provisioning. The pro-rata shall assume a full refund when the state-wide average utilzation ratio meets or exceeds fif percent (50%) for one of the six (6) months following receipt of deposit. The pro-rata assumes half (1/2) of the deposit is refunded when the highest state-wide average utilization ratio for anyone of the six (6) months after receipt of deposit is twenty-five percent (25%). In the event Qwest does not have available facilities to provision Interconnection trunking orders that CLEC forecasted and for which CLEC provided a deposit, Qwest wil immediately refund a pro rata portion of the deposit associated with its facility shortalL. Ancilary trunk groups, such as mass callng, are excluded from the ratio. 7.2.2.8.6.2 Where there is a reasonably reliable basis for doing so, Qwest shall include in the trunks-required calculation any usage by Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 63- Section 7 Interconnection others, including but not limited to Qwest itself, of facilties for which that CLEC has made deposit payments. Qwest shall not be required to credit such usage more than once in all the trunks-required calculations it must make for all CLECs in the relevant period. 7.2.2.8.7 Joint planning meetings wil be used to bring clarity to the process. Each Part wil provide adequate information associated with the Qwest US Trunk Forecast Forms in addition to its forecasts. During the joint planning meetings, both Parties shall provide information on major network projects anticipated for the following year that may impact the other Party's forecast or Interconnection requirements. No later than two (2) weeks prior to the joint planning meetings, the Parties shall exchange information to facilitate the planning process. Qwest shall provide CLEC a report reflecting then current spare capacit at each Qwest Switch that may impact the Interconnection traffic. Qwest shall also provide a report reflecting then current blocking of local direct and alternate final trunk groups, Interconnection and non-Interconnection alike. CLEC wil be provided Interconnection trunk group data on its own trunks. Qwest shall also provide a report reflecting tandem-routed Interconnection trunking that has exceeded 512BHCCS. The information is proprietary, provided under non- disclosure and is to be used solely for Interconnection network planning. 7.2.2.8.8 In addition to the above information, CLEC shall provide: a) b) Completed Qwest US Trunk Forecast Forms; and Any planned use of an alternate tandem provider. 7.2.2.8.9 In addition to the above information, the following information will be available through the Local Exchange Routing Guide or the Interconnections (ICONN) Database. The LERG is available through Telcordia. ICONN is available through the Qwest Web site. a) Qwest Tandems and Qwest end offices (LERG); b) CLU codes (LERG); c) Business/Residence line counts (ICONN); d) Switch type (LERG or ICONN); and e) Current and planned Switch generics (ICONN). Qwest wil notify a CLEC six (6) months prior to LERG amendment, the anticipation of a new local tandem Switch. 7.2.2.8.10 Qwest Network Disclosure of deployment information for specific technical capabilities (e.g., ISDN deployment, 64 CCC, etc.) shall be provided on Qwests web site, http://ww.qwest.com/disclosures. 7.2.2.8.11 When appropriate, Qwest wil notify CLEC through the Qwest Trunk Group Servicing Request (TGSR) process of the need to take action and Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 64- Section 7 Interconnection place orders in accordance with the forecasted trunk requirements. CLEC shall respond to the TGSR within ten (10) business days of receipt. 7.2.2.8.12 The following terms shall apply to the forecasting process: 7.2.2.8.12.1 CLEC forecasts may be provided to Qwest as detailed in the standard Trunk Forecast Form; 7.2.2.8.12.2 CLEC forecasts provided to Qwest, information provided by CLEC to Qwest outside of the normal forecasting process to modify the forecast, and forecasting information disclosed by Qwest to CLEC shall be deemed Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this material other than as allowed and described in subsections 7.2.2.8.12.3 and 7.2.2.8.12.4. 7.2.2.8.12.3 The Parties may disclose, on a need to know basis only, CLEC forecasts, information provided by CLECto Qwest outside of the normal forecasting process to modify the forecast, and forecasting information disclosed by Qwest, to legal personnel, if a legal issue arises, as well as to network and growth planning personnel responsible for preparing or responding to such forecasts or forecasting information. In no case shall the aforementioned personnel who have access to such Confidential Information be involved in the Parties' retail marketing, sales or strategic planning. The Parties wil inform all of the aforementioned personnel, with access to such Confidential Information, of its confidential nature and wil require personnel to execute a nondisclosure agreement which states that, upon threat of termination, the aforementioned personnel may not reveal or discuss such information with those not authorized to receive it except as specifically authorized by law. 7.2.2.8.12.4 The Parties shall maintain confidential forecasting information in secure files and locations such that access to the forecsts is limited to the personnel designated in subsection 7.2.2.8.12.3 above and such that no other personnel have computer access to such information. 7.2.2.8.13 If a trunk group is consistently utilzed (trunks required over trunks in service) at less than fif percent (50%) of rated busy hour capacity each month of any consecutive three (3) month period, Qwest wil notify CLEC of Qwests desire to resize the trunk group. Such notification shall include Qwest's information on current utilzation levels. If CLEC does not submit an ASR to resize the trunk group within thirt (30) calendar days of the written notification, Qwest may reclaim the unused facilities and rearrange the trunk group. When reclamation does occur, Qwest shall not leave the trunk group with less than twenty-five percent (25%) excess capacity. Ancilary trunk groups are excluded from this treatment. 7.2.2.8.14 Intentionally Left Blank. 7.2.2.8.15 Each Part shall provide a specified point of contact for planning, forecasting and trunk servicing purposes. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXQ Idaho/CDS-020124-0083 -65- Section 7 Interconnection 7.2.2.8.16 Interconnection facilities provided on a route that involves extraordinary circumstances may be subject to the Construction Charges, as detailed in Section- 19 of this Agreement. When Qwest claims extraordinary circumstances exist, it must apply to the Commission for approval of such charges by showing that CLEC alone is the sole cause of such construction. Qwest shall initiate such proceeding within ten (10) calendar days of notifying CLEC in writing that it wil not construct the requested facilties, or within ten (10) calendar days of notice from CLEC in writing that Qwest must either commence construction of the facilities or initiate such proceeding with the Commission. In this proceeding, Qwest shall not object to using the most expeditious procedure available under state law, rule or regulation. Qwest shall be relieved of its obligation of constructing such facilities during the pendency of the proceeding before the Commission. If the Commission approves such charges, Qwest and CLEe wil share costs in proportion to each Party's use of the overall capacit of the route involved. Qwest and CLEC may also choose to work in good faith to identify and locate alternative routes that can be used to accommodate CLEC forecasted build. Extraordinary circumstances include, but are not limited to, natural obstructions such as lakes, rivers, or steep terrain, and legal obstructions such as governmental, federal, Native American or private rights of way. The standard Qwest forecast period of six (6) months may not apply under these circumstances. Construction Charges shall not apply in the event that construction is an augment of an existing route. 7.2.2.9 Trunking Requirements 7.2.2.9.1 The Parties wil provide designed Interconnection facilties that meet the same technical criteria and service standards, such as probabilit of blocking in peak hours and transmission standards, in accordance with current industry standards, state requirements and standards provided for in the ROC and incorporated herein by reference. 7.2.2.9.1.1 Qwest shall provide to CLEC monthly reports on all Interconnection trunk groups and quarterly reports on all interoffice trunk groups carrying EAS/local traffic between Qwest tandem switches and Qwest End Ofice Switches. The reports will contain busy hour traffic data, including but not limited to, overflow and the number of trunks in each trunk group. 7.2.2.9.2 Reserved for Future Use. 7.2.2.9.3 Separate trunk groups may be established based on Billng, signaling, and network requirements. The following is the current list of traffic types that require separate trunk groups, unless specifically otherwise stated in this Agreement. a) Directory Assistance trunks (where the Switch type requires separation from Operator Services trunks); b) 911/E911 trunks; c) Operator Services trunks (where the Switch type requires Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -66- Section 7 Interconnection separation from Directory Assistance trunks) d) Mass callng trunks, if applicable. 7.2.2.9.3.1 Exchange Service (EAS/local), Information Services Access, Exchange Access (IntraLATA toll carried solely by Local Exchange Carriers) and Jointly Provided Switched Access (InterLATA and IntraLATA toll involving a third-party IXC) may be combined in a single LIS trunk group or transmited on separate LIS trunk groups. 7.2.2.9.3.2 Exchange Service (EAS/Local) traffic shall not be combined with Switched Access, not including Jointly Provided Switched Access, on the same trunk group, i.e. EAS/Local may not be combined with FGD to a Qwest Access Tandem Switch and/or End Office Switch. 7.2.2.9.4 Trunk group connections wil be made at a DS1 or multiple DS1 level for exchange of EAS/Local, and IntraLATA TolVJointly Provided Switched Access Traffic. Directory Assistance, 911/E911, operator busy line interrupt and verify; and Toll Free Service trunk groups may be made below a DS1 level, as negotiated. 7.2.2.9.5 The Parties wil provide Common Channel Signaling (CCS) to one another in conjunction with all trunk circuits, except as provided below. a) The Parties wil provision all trunking using SS7/CCS capabilties. Exceptions to this arrangement would be limited to operator services trunking, Directory Assistance trunking, 911 trunking and any others currently available in the Qwest network only on MF signaling. Qwest wil not require a Bona Fide Request to accomplish Interconnection with a Qwest Central Ofice Switch not currently equipped for SS7 and where MF signaling is used. When the SS7/CCS option becomes available in the Qwest network for said trunking, the Parties wil provision new trunks using SS7. In addition, the Parties wil jointly work to convert existing trunking to SS7, as appropriate. b) When the Parties interconnect via CCS for Jointly Provided Switched Access Service, the tandem provider wil provide MF/CCS interworking as required for Interconnection with Interexchange Carriers who use MF signaling. 7.2.2.9.6 CLEC may interconnect at either the Qwest local Tandem Switch or the Qwest Access Tandem Switch for the delivery of local exchange traffic. When CLEC is interconnected at the Access Tandem Switch and where there would be a DS1's worth of local traffic (512 CCS) between CLEC's Switch and those Qwest End Ofices subtending a Qwest local Tandem Switch, CLEC wil order a direct trunk group to the Qwest local Tandem Switch. 7.2.2.9.6.1 Qwest wil allow Interconnection for the exchange of local traffic at Qwests Access Tandem Switch without requiring Interconnection at the local Tandem Switch, at least in those circumstances when traffic volumes do not justify direct connection to the Qwest Idaho SGAT - Second Revísion, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -67- Section 7 Interconnection local Tandem Switch; and regardless of whether capacit at the Access Tandem Switch is exhausted or forecasted to exhaust. 7.2.2.9.7 To the extent Qwest is using a specific end office to deliver limited tandem switching functionality to itself, a wireless service provider, another CLEC, or another ILEC, it wil arrange the same trunking for CLEC. 7.2.2.9.8 Alternate Traffic Routing. If CLEC has a LIS arrangement which provides two (2) paths to a Qwest end office (one (1) route via a tandem and one (1) direct route), CLEC may elect to utilize alternate traffic routing. CLEC traffic wil be offered first to the direct trunk group (also referred to as the "primary high" route) and then ovenlow to the tandem group (also referred to as the "alternate final" route) for completion to Qwest end offices. 7.2.2.9.9 Host-Remote. When a Qwest Wire Center is served by a remote End Ofice Switch, CLEC may deliver traffic to the host Central Ofice or to the tandem. CLEC may deliver traffic directly to the remote End Ofice Switch only t9 the extent Qwest has arranged similar trunking for itself or others. For remote switches that currently lack directtrunking capabilit, Qwest wil accept Bona Fide Requests for trunk-side access. 7.2.2.10 Testing 7.2.2.10.1 Acceptance Testing. At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be penormed to ensure that the service is operational and meets the applicable technical parameters. 7.2.2.10.2 Testing Capabilties 7.2.2.10.2.1 LIS Acceptance Testing is provided where equipment is available, with the following test lines: seven-digit access to balance (100 type), millwatt (102 type), nonsynchronous or synchronous, automatic transmission measuring (105 type), data transmission (107 type), loop- around, short circuit, open circuit, and non-inverting digital loopback (108 type), and such other acceptance testing that may be needed to ensure that the service is operational and meets the applicable technical parameters. 7.2.2.10.2.2 In addition to LIS acceptance testing, other tests are available (e.g., additional cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-scheduled testing) at the applicable Qwest Tari rates. Testing fees wil be paid by CLEC when requesting this type of testing. 7.2.2.10.3 Repair Testing. At the time of repair of a LIS trunk group, at no additional charge, tests wil be penormed to ensure that the service is operational and meets the applicable technical parameters. 7.2.2.11 Mileage Measurement. Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V & H methodology as outlined in NECA Tarif NO.4. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -68- Section 7 Interconnection 7.3 Reciprocal Compensation 7.3.1 Interconnection Facilty Options The Reciprocal Compensation Provisions of this Agreement shall apply to the exchange of Exchange Service (EAS/Local) traffic between CLEC's network and Qwests network. Where either Part acts as an IntraLATA Toll provider, each Party shall bil the other the appropriate charges pursuant to its respective Tarif or Price Lists. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall bil such third parties the appropriate charges pursuant to its respective Tarifs, Price Lists or contractual offerings for such third party terminations. Absent a separately negotiated agreement to the contrary, the Parties wil directly exchange traffic between their respective networks without the use of third . party transit providers. 7.3.1.1 Entrance Facilties 7.3.1.1.1 Recurring and nonrecurring rates for Entrance Facilties are specified in Exhibit A and wil apply for those DS1 or DS3 facilities dedicated to use by LIS. 7.3.1.1.2 If CLEC chooses to use an existing facilit purchased as Private Line Transport Service from the state or FCC Access Tarifs, the rates from those Tariffs wil apply. 7.3.1.1.3 If the Parties elect to establish LIS two-way trunks, for reciprocal exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way facilties shall be shared among the Parties by reducing the LIS two-way EF rate element charges as follows: 7.3.1.1.3.1 The provider of the LIS two-way Entrance Facilty (EF) wil initially share the cost of the LIS two-way EF by assuming an initial relative use factor of fif percent (50%) for a minimum of one quarter. The nominal charge to the other Party for the use of the EF, as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Part wil be according to this initial relative use factor for a minimum of one quarter. The initial relative use factor wil continue for both bil reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non-ISP-bound traffic to substantiate a change in that factor. If either Part demonstrates with non-ISP-bound traffic data that actual minutes of use during the first quarter justify a relative use factor other than fify percent (50%), the Parties wil retroactively true up first quarter charges. Once negotiation of a new factor is finalized, the bil reductions and payments wil apply going forward, for a minimum of one quarter. Traffic delivered to Enhanced Service providers is interstate in nature. 7.3.1.2 Collocation 7.3.1.2.1 See Section 8. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -69- Section 7 Interconnection 7.3.1.2.2 Intentionally Left Blank. 7.3.2 Direct Trunked Transport 7.3.2.1 Party. Either Party may elect to purchase direct trunked transport from the other 7.3.2.1.1 Direct trunked transport (OTT) is available between the Serving Wire Center of the POI and the terminating Part's tandem or End Ofice Switches. The applicable rates are described in Exhibit A. OTT facilities are provided as dedicated OS3, OS1 or OSO facilities. 7.3.2.1.2 When OTT is provided to a local or access tandem for Exchange Service (EAS/local traffic), or to an access tandem .for Exchange Access (IntraLATA Toll), or Jointly Provided Switched Access traffic, the applicable OTT rate elements apply between the Serving Wire Center and the tandem. Additional rate elements for delivery of traffic to the terminating end office are Tandem Switching and Tandem Transmission. These rates are described below. 7.3.2.1.3 Mileage shall be measured for OTT based on V&H coordinates between the Serving Wire Center and the 10caVaccess tandem or end office. 7.3.2.1.4 Fixed Charges per OSO, OS1 or OS3 and per mile charges are defined for OTT in Exhibit A of this Agreement. 7.3.2.2 If the Parties elect to establish LIS two-way on trunks, for reciprocal exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way OTT facilties shall be shared among the Parties by reducing the LIS two-way OTT rate element charges as follows: 7.3.2.2.1 The provider of the LIS two-way OTT facilty wil initially share the cost of the LIS two-way OTT facilty by assuming an initial relative use factor of fif percent (50%) for a minimum of one quarter. The nominal charge to the other Party for the use of the OTT facilty, as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Part wil be according to this initial relative use factor for a minimum of one quarter. The initial relative use factor wil continue for both bil reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non ISP-bound traffic to substantiate a change in that factor. If either Part demonstrates with non ISP-bound traffic data that actual minutes of use during the first quarter justify a relative use factor other than fift percent (50%), the Parties wil retroactively true up first quarter charges. Once negotiation of new factor is finalized, the bil reductions and payments wil apply going forward, for a minimum of one quarter. ISP-bound traffic is interstate in nature. 7.3.2.3 Multiplexing options (OS1/0S3 MUX or OSO/OS1 MUX) are available at rates described in Exhibit A. 7.3.3 Trunk Nonrecurring charges 7.3.3.1 Installation nonrecurring charges may be assessed by the provider for Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -70- Section 7 Interconnection each LIS trunk ordered. Qwest rates are specified in Exhibit A. 7.3.3.2 Nonrecurring charges for rearrangement may be assessed by the provider for each LIS trunk rearrangement ordered, at one-half the rates specified in Exhibit A. 7.3.4 Exchange Service (EASlLocal) Traffic 7.3.4.1 End Ofice Call Termination 7.3.4.1.1 The per minute of use call termination rates as described in Exhibit A of this Agreement wil apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or CLEC end office. 7.3.4.1.2 For purposes of call termination, the CLEC Switch(es) shall be treated as End Office Switch(es) unless CLEC's Switch(es) meet the definition of a Tandem Switch in this Agreement in the Definitions Section. 7.3.4.1.3 Reserved for Future Use. 7.3.4.1.4 Neither Party shall be responsible to the other for call termination charges associated with third. part traffic that transits such Part's network. 7.3.4.2 Tandem Switched Transport 7.3.4.2.1 For traffic delivered through a Qwest or CLEC tandem Switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the end office call termination rate described above. 7.3.4.2.2 Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the tandem and terminating end office. 7.3.4.2.3 When a Part terminates traffic to a remote Switch, tandem transmission rates wil be applied for the V & H mileage between the host Switch and the remote Switch when the identity of each is filed in the NECA 4 Tarif. 7.3.4.2.4 When Qwest receives a unqueried call from CLEC to a number that has been ported to another Qwest Central Ofice within the EAS/Local callng area, and Qwest performs the query, mileage sensitive tandem transmission rates wil apply which reflect the distance to the End Office to which the call has been ported. 7.3.4.3 7.3.4.2.4.1 To determine the responsible originating carrier of unqueried calls for purposes of identification of the carrier to biled LNP query charges, Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database, or another database that is supported by OBF. Qwest offers to exchange EAS/Local traffic at rates ordered by the FCC Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXQ Idaho/CDS-020124-0083 -71- Section 7 Interconnection Order on Remand and Report and Order in CC Docket 99-68, (Intercarrier Compensation for ISP-Bound Traffic). See Section 7.3.4.4 identifies the CLEC election. 7.3.4.4 CLEC may choose one (1) of the following two (2) options: 7.3.4.4.1 The charges applicable to Exchange Service(EAS/local) §251 (b)(5) traffic between Qwest and CLEC shall be the FCC-ordered rates as set forth in Sections 7.3.6.2.3.1 through 7.3.6.2.3.4. The FCC ordered rate for ISP-bound traffic wil apply to EAS/Local and Information Services Access traffic in lieu of End Ofice Call Termination charges and Tandem Switched Transport charges. 7.3.4.4.2 Compensation for EAS/local §251 (b)(5) traffic shall be as established by the Commission. 7.3.5 Miscellaneous Charges 7.3.5.1 Cancellation charges wil apply to cancelled LIS trunk orders, based upon the critical dates, terms and conditions in accordance with the Access Service Tarif Section 5.2.3, and the Trunk Nonrecurring Charges referenced in this Agreement. 7.3.5.2 Expedites for LIS trunk orders are allowed only on an exception basis with executive approval within the same timeframes as provided for other designed services. When expedites are approved, expedite charges will apply to LIS trunk orders based on rates, terms and conditions described in Exhibit A. 7.3.5.3 Reserved for Future Use. 7.3.6 ISP-bound Traffic 7.3.6.1 Qwest elects to exchange ISP-bound traffic at the FCC ordered rates pursuant to the FCC's Order on Remand and Report and Order (Intercarrier Compensation for ISP-Bound Traffic) CC Docket 01-131 (FCC ISP Order), effective June 14, 2001. 7.3.6.2 The following usage-based compensation applies to Interconnection configurations exchanging traffic pursuant to Interconnection agreements as of adoption of the FCC ISP Order, April 18, 2001: 7.3.6.2.1 Identification of ISP-bound traffic -- The Parties wil presume traffic delivered to a Part that exceeds a 3:1 ratio of terminating to originating traffic is ISP-bound traffic. Either Part may rebut this presumption by demonstrating the factual ratio to the state Commission. The Parties shall cooperate in establishing a process by which 251 (b)(5) traffic and ISP-bound traffic wil be identified in order to compensate one another at the appropriate rates and in a prompt manner. 7.3.6.2.2 Growth Ceilings for ISP-bound Traffic -- Intercarrier compensation for ISP-bound traffic wil be subject to growth ceilings. ISP-bound MOUs exceeding the growth ceilng wil be subject to Bil and Keep compensation. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -72- Section 7 Interconnection 7.3.6.2.2.1 For 2001, a Part wil pay for ISP-bound minutes up to the ceiling equal to, on an annualized basis, the number of ISP-bound minutes for- which it was responsible for payment during first quarter 2001, plus a ten percent (10%) growth factor. 7.3.6.2.2.2 For 2002 and subsequent years, until further FCC action on intercarrier compensation, a Party wil pay for ISP-bound minutes up to the ceiling equal to the minutes for which ClEC was responsible for payment in 2001, plus another ten percent (10%) growth factor. 7.3.6.2.3 Rate Caps -- ISP-bound traffic exchanged between Qwest and ClEC wil be biled in accordance with the Parties' former Interconnection Agreement, at a state Commission-ordered compensation rate, or as follows, whichever rate is lowest: 7.3.6.2.3.1 $.0015 per MOU for six (6) months from June 14, 2001 through December 13, 2001. 7.3.6.2.3.2 $.001 per MOU for eighteen (18) months from December 14, 2001 through June 13, 2003. 7.3.6.2.3.3 $.0007 per MOU from June 14, 2003 until thirty six (36) months a.fter the effective date or until further FCC action on intercarrier compensation, whichever is later. 7.3.6.2.3.4 Compensation for Interconnection configurations not exchanging traffic pursuant to Interconnection agreements prior to adoption of the FCC ISP Order on April 18, 2001 wil be on a Bil and Keep basis until further FCC action on Intercarrier compensation. This includes ClEC expansion into a market it previously had not served. 7.3.7 Transit Traffic The following rates wil apply: 7.3.7.1 Exchange Service and Information Service Transit: The applicable LIS tandem switching and tandem transmission rates at the assumed mileage contained in Exhibit A of this Agreement, apply to the originating Party. The assumed mileage wil be modified to reflect actual mileage, where the mileage can be measured, based on negotiations between the Parties. 7.3.7.2 IntraLATA Toll Transit: The applicable Qwest Tariffed Switched Access tandem switching and tandem transmission rates apply to the originating ClEC or lEC. The assumed mileage contained in Exhibit A of this Agreement shall apply. 7.3.7.3 Jointly Provided Switched Access: The applicable Switched Access rates wil be biled by the Parties to the IXC based on MECAB guidelines and each Part's respective FCC and state access Tariffs. 7.3.8 Signaling Parameters: Qwest and ClEC are required to provide each other the proper signaling information (e.g., originating call part number and destination call party number, etc.) Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -73- Section 7 Interconnection to enable each Part to issue bils in a complete and timely fashion. All CCS signaling parameters wil be provided including Callng Part Number (CPN), originating line information (OLl), callng party category, charge number, etc. All privacy indicators wil be honored. If CLEC fails to provide CPN (valid originating information), and cannot substantiate technical restrictions (i.e., MF signaling) such traffic wil be biled as Switched Access. Traffic sent to CLEC without CPN (valid originating information) wil be handled in the following manner. The transit provider wil be responsible for only its portion of this traffic, which wil not exceed more than five percent (5%) of the total Exchange Service (EAS/Local) and Exchange Access (IntraLATA Toll) traffic delivered to the other Part. Qwest wil provide to CLEC, upon request, information to demonstrate that Qwests portion of no-CPN traffic does not exceed five percent (5%) of the total traffic delivered. 7.3.9 To the extent a Part combines Exchange Service (EAS/Local), Exchange Access . (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly Provided Switched Access (InterLATA and IntraLATA calls exchanged with a third-part IXC) traffic on a single LIS trunk group, the originating Party, at the terminating part's request wil declare quarterly PLU(s). Such PLU's wil be verifiable with either call summary records utilizing Callng Part Number information for jurisdictionalization or call detail samples. The terminating Part should apportion per minute of use (MOU) charges appropriately. 7.4 Ordering 7.4.1 When ordering LIS, the ordering Part shall specify requirements on the Access Service Request (ASR). When the ordering Part requests facilties, routing, or optional features different than those determined to be available, the Parties wil work cooperatively in determining an acceptable configuration, based on available facilities, equipment and routing plans. 7.4.2 For each NXX code assigned to CLEC by the NANPA, CLEC wil provide Qwest with the CLLI codes of the Qwest tandems and the CLEC Point of Interface to which traffic associated with the NXX wil be routed. For NXX codes assigned to existing LIS trunk groups, CLEC wil also provide Qwest with the Qwest assigned Two-Six Code (TGSN) to which each NXX wil be routed. Information that is not currently available in the LERG may be provided via the Routing Supplemental Form-Wireline available on the Qwest web site: http://ww.qwest.comlwholesale/notices/npa_nxxProcess.html. Either Party shall respond to a special request for a Supplemental Form when a single Switch is served by multiple trunk groups. 7.4.3 When either Part has ordered a DS3 Entrance Facility or private line facility, that Part wil order the appropriate DS1 facilit required and identify the channels of the DS3 to be used to provide circuit facility assignments (CFA). Also, if either Part has provided or ordered a DS1 Entrance Facilty or private line facilty, that Part wil be responsible for identification of the DSO channels of the DS1 private line to be used to provide CFA. 7.4.4 A joint planning meeting wil precede initial trunking orders. These meetings wil result in agreement and commitment that both parties can implement the proposed plan and the transmital of Access Service Requests (ASRs) to initiate order activity. The Parties wil provide their best estimate of the traffic distribution to each end office subtending the tandem. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Jdaho/CDS-020124-0083 -74- Section 7 Interconnection 7.4.5 Intentionally Left Blank. 7.4.6 Service intervals and due- dates for initial establishment of trunking arrangements at each new Switch location of Interconnection between the Parties wil be determined on an Individual Case Basis. 7.4.7 Owest wil establish intervals for the provision of LIS trunks that conform to the performance objectives set forth in Section 20. Owest will provide notice to CLEC of any changes to the LIS trunk intervals consistent with the Change Management Process applicable to the PCAT. Operational processes within Owest work centers are discussed as part of the Change Management Process (CMP). Owest agrees that CLEC shall not be held to the requirements of the PCAT. . 7.4.8 The ordering Party may cancel an order at any time prior to notification that service isavailable. If the ordering Party is unable to accept service within thirt (30) calendar days after the service date, the provider has the following options: a) The order wil be canceled; cancellation charges as noted in 7.3.5.1 apply unless mutually agreed to by the Parties; b) Reserved for Future Use. c) Biling for the service wil commence. In such instances, the cancellation date or the date biling is to commence, depending on which option is selected, wil be the 3151 calendar day beyond the service date. 7.5 Jointly Provided Switched Access Services 7.5.1 Jointly Provided Switched Access Service is defined and governed by the FCC and State Access Tarifs, Multiple Exchange Carrier Access Biling (MECAB) and Multipie Exchange Carrier Ordering and Design (MECOD) Guidelines, and is not modified by any provisions of this Agreement. Both Parties agree to comply with such guidelines. 7.5.2 Owest wil agree to function as the Access Service Coordinator (ASC) as defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD)(Technical Reference SR- TAP-000984). Owest wil provide the operational, technical and administrative support required in the planning, Provisioning and maintenance involved in the joint access Provisioning process to the IXCs. Owest wil be unable to fulfil the role of ASC if CLEC does not fully comply with MECOD requirements, including filing the CLEC end offices and biled percentages (BPs) in the NECA 4 Tariff. 7.5.3 Owest and CLEC wil each render a separate bil to the IXC, using the multiple bil, multiple tarif option. 7.5.4 A charge wil apply for Category 11-01-XX and 11-50-XX records sent in an EMR mechanized format. These records are used to provide information necessary for each Part to bil the Interexchange Carrier for Jointly Provided Switched Access Services and 8XX database queries. The charge is for each record created and transmitted and is listed in Exhibit A of this Agreement. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -75- Section 7 Interconnection 7.6 Transit Records 7.6.1 Qwest and CLEC wil exchange wireline network usage data originated by a wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch, transits Qwests network, and terminates to CLEC's network. Each Party agrees to provide to the other this wireline network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is carrier protected information under §222 of the Communications Act and shall be used solely for the purposes of billing the wireline LEC. CLEC wil provide to Qwest information to be able to provide transit records on a mechanized basis when technically feasible. This includes, but is not limited to: service center information, Operating Company Number, and state jurisdiction. Qwest and CLEC agree to exchange wireline network usage data as Category 11-01-XX. 7,6.2 Qwest and CLEC wil exchange wireless network usage data originated by a Wireless Service Provider (WSP) where the NXX resides in a WSP Switch, transits Qwests network, and terminates to the CLEC's network. Each Party agrees to provide to the other this wireless network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is carrier protected information under §222 of the Communications Act and shall be used solely for the purposes of billng the WSP. The CLEC wil provide to Qwest information to be able to provide transit records on a mechanized. basis when technically feasible. This includes, but is not limited to: service center information, Operating Company Number and state jurisdiction. Qwest and CLEC agree to exchange wireless network usage data as Category 11-50-XX. 7.6.3 A charge wil apply for Category 11-01-XX and 11-50-XX records sent in an EMR mechanized format. These records are used to provide information necessary for each Part to bil the Originating Carrier for transit when technically feasible. The charge is for each record created and transmited and is listed in Exhibit A of this Agreement. 7.7 Local Interconnection Data Exchange for Biling 7.7.1 There are certain types of calls or tyes of Interconnection that require exchange of billng records between the Parties, including, for example, alternate biled and Toll Free Service calls. The Parties agree that all call tyes must be routed between the networks, accounted for, and settled among the Parties. Certain calls wil be handled via the Parties' respective operator service platforms. The Parties agree to utilize, where possible and appropriate, existing accounting and settlement systems to bil, exchange records and settle revenue. 7.7.2 The exchange of biling records for alternate biled calls (e.g., callng card, bil-to-third- number and collect) wil be distributed through the existing CMDS processes, unless otherwise separately agreed to by the Parties. 7.7.3 Inter-Company Settlements (ICS) revenues wil be settled through the Callng Card and Third Number Settlement System (CATS). Each Party wil provide for its own arrangements for participation in the CATS processes, through direct participation or a hosting arrangement with a direct participant. 7.7.4 Non-ICS revenue is defined as IntraLATA collect calls, callng card calls, and biled to third number calls which originate on one service provider's network and are biled by another service provider located within the same Qwest geographic specific region. The Parties agree to negotiate and execute an agreement for settlement of non-ICS revenue. This separate Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -76- Section 7 Interconnection arrangement is necessary since existing CATS processes do not permit the use of CATS for non-ICS revenue. The Parties agree that current message distribution processes, including the CMDS system or Qwest in-region facilties, can be used to transport the call records for this traffic. 7.7.5 Both Parties wil provide the appropriate call records to the IntraLATA Toll Free Service provider, thus permitting the service provider to bil its End Users for the inbound Toll Free Service. No adjustments to bils via tapes, disks or NDM wil be made without the mutual agreement of the Parties, Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -77- Section 8 Collocation Section 8.0 . COLLOCATION 8.1 Description 8.1.1 Collocation allows for the placing of equipment by CLEC at Qwest's Premises, where Technically Feasible, that is necessary for accessing Unbundled Network Elements (UNEs), ancilary services or Interconnection. Collocation includes the leasing to CLEC of physical space in Owest Premises, as well as the resources necessary for the operation and economical use of collocated equipment, such as the use by CLEC of power; heating, ventilation and air conditioning (HVAC); and cabling in Qwests Premises. Collocation also allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of accessing and combining Unbundled Network Elements and accessing ancilary services. There are currently eight (8) standard types of Collocation available pursuant to this Agreement - Virtual, Caged Physical, . Shared Caged Physical, Cageless Physical, Interconnection Distribution Frame, Adjacent Collocation, Common Area Spliter Collocation, and Remote Collocation. Other types ofCollocation may be requested through the BFR process. In addition, where Qwest may offer a new form of Collocation, CLEC may order that form as soon as it becomes available and under the terms and conditions pursuant to which Owest offers it. The terms and conditions of any such offering by Owest 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 abilty to retroactively apply any changes to such terms and conditions as may be negotiated by the Parties or ordered by the state Commission or any other competent authority. 8.1.1 .1 Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to purchase and deliver to Qwest CLEC's own equipment for Qwest to install, repair, and maintain in Owests Premises. CLEC does not have physical access to its virtually collocated equipment in the Qwest Premises. 8.1.1.2 Caged Physical Collocation -- allows CLEC to lease caged floor space for placement of its equipment within Owests Premises for the purpose of interconnecting with Owest Finished Services or accessing unbundled elements. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the cross-connections required within the cage. 8.1.1.3 Cageless Physical Collocation -- is a non-caged area within a Qwest Premises. In Wire Centers, space wil be made available in single frame bay increments. In Wire Centers, the current minimum square footage is nine (9) square feet per bay, however, if smaller bays are or become available, Owest wil reduce the minimum square footage accordingly. Space wil be provided utilzing industry standard equipment bay configurations in which CLEC can place and maintain its own equipment. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the cross-connections required within CLEC's leased Collocation space 8.1.1 .4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to share or sublease a single Collocation enclosure. Under Shared Physical Collocation, one CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant to this Agreement or an approved Interconnection agreement, and another CLEC, pursuant to the terms of its Agreement or approved Interconnection agreement, may share use of that space, in accordance to terms and conditions of a sublease agreement between the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -78- Section 8 Collocation two (2) CLECs. Shared Collocation may also be established through joint Application by CLECs in which Qwest will have a separate Billng relationship with each applicant and wil look to each collocating CLEC for payment of its proportionate share of the charges relating to the Collocation space. Qwest will prorate the charge for site conditioning and preparation undertaken by Qwest to construct the shared Collocation cage or condition the space for Collocation use, regardless of how many Carriers actually collocate in that cage, by determining the total charge for site preparation and allocating that charge to a collocating CLEC (and billed directly to each such CLEC) based on the percentage of the total space utilzed by that CLEC as per the Collocation Application. Qwest shall not place unreasonable restrictions on CLEC's use of a Collocation cage, such as limiting CLEC's abilit to contract with other CLECs to share CLEC's Collocation cage in a sublease-tye arrangement. In addition, if two (2) or more CLECs who have Interconnection agreements with Qwest utilize a Shared Collocation arrangement, Qwest shall permit each CLEC to order UNEs to and provision service from that shared Collocation space, regardless of which CLEC was the original collocator, directly from Qwest. Qwest shall make Shared Collocation space available in single-bay increments or their equivalent. 8.1.1.5 Interconnection Distribution Frame (ICDF) Collocation -- is offered for the purpose of facilitating CLEC's combining of Unbundled Network Elements and ancilary servces. Under ICDF Collocation, a CLEC need not collocate equipment in the Qwest Wire Center. With ICDF Collocation, CLEC wil have access to the Qwest Wire Center and an ICDF to combine UNEs and ancilary services. The ICDF connects through tie cables to various points within the Wire Center (e.g., MDF, COSMICTM or DSX, etc.) providing CLEC with access to UNEs and ancilary services. 8.1.1.5.1 The ICDF is a distribution frame shared by multiple providers. If CLEC desires a dedicated distribution frame for the purpose of faciltating CLEC's combination of UNEs and ancilary services, CLEC may do so through the placement of a CLEC-owned cross-connection device collocated in the Qwest Wire Center through either Caged or Cageless Physical Collocation. 8.1.1.6 Adjacent Collocation - is available in those instances where space is legitimately exhausted in a particular Qwest Premises to accommodate Physical Collocation. Qwest shall make space available in adjacent controlled environmental vaults, controlled environmental huts, or similar structures to the extent Technically Feasible. Qwest shall permit CLEC to construct or otherwise procure such an adjacent structure on propert owned, leased or otherwise controlled by Qwest, subject only to applicable OSHA, EPA, federal, state, and local safety and maintenance requirements. Such adjacent structure shall be in accordance with Qwests design and space planning for the site. CLEC may propose the design for the adjacent structure, subject to Qwests approval, which approval may not be unreasonably withheld or delayed. Qwest must provide power and physical Collocation services and facilties, subject to the same nondiscrimination requirements as applicable to any other physical Collocation arrangement. Qwest must permit CLEC to place its own equipment, including, but not limited to, copper cables, coaxial cables, fiber cables, and Telecommunications Equipment, in adjacent facilities constructed by Qwest, by CLEC itself, or a third part. 8.1.1.7 Common Area Splitter Collocation - See Section 9.4 for a description. 8.1.1.8 Remote Collocation - allows CLEC to collocate equipment in or adjacent Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -79- Section 8 Collocation to a Qwest Remote Premises. The terms for Remote Collocation are set forth more fully in Section 8.2.7 and 8.4.6. 8.1.1.8.1 With respect to Collocation involving cross-connections for access to Subloop elements in multi-tenant environments (MTE) and field connection points (FCP), the provisions concerning Subloop access and intervals are contained in Section 9.3. 8.2 Terms and Conditions 8.2.1 Terms and Conditions - All Collocation 8.2.1.1 Qwest shall provide Collocation on rates, terms and conditions that are just, . reasonable and nondiscriminatory. In addition, Qwest shall provide Collocation in accordance with all applicable federal and state laws. 8.2.1.2 Collocation of Switching Equipment. CLEC may collocate any equipment that is necessary for Interconnection or access to Unbundled Network Elements. 8.2.1.2.1 Digital Subscriber Line Access Multiplexers (DSLAMS) always meet this legal standard. 8.2.1.2.2 Asynchronous Transfer Mode (ATM) or Packet Switching also meets this legal standard when used for Interconnection 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, CLEC must provide a writen inventory to Qwest of all switching equipment and how it wil be used for Interconnection or access to Unbundled Network Elements. Once CLEC establishes that it wil use a certain type of equipment for Interconnection or access to Unbundled Network Elements, Qwest wil 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 Interconnection or access to Unbundled Network Elements. However, Qwest wil complete the Collocation within the appropriate interval unless granted relief by the Commission. 8.2.1.2.3 Remote Switching Units (RSUs) also meet this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing Local Exchange Service. 8.2.1.2.4 Except as provided for in Sections 8.2.1.2.1 through 8.2.1.2.3 above, CLEC may not collocate equipment that is not necessary for Interconnection or access to Unbundled Network Elements. 8.2.1.3 CLEC must identif what transmission and cross-connection equipment wil be installed and the vendor technical specifications of such equipment so that Qwest may verify the appropriate power, floor loading, heat release, environmental particulate level, HVAC, and tie cables to CLEC-provided cross-connection device. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 80- Section 8 Collocation 8.2.1.4 Demarcation points for Unbundled Network Elements (UNEs) and ancilary services. The Demarcation Point for Unbundled Network Elements and ancilary services is that .physical point where Qwestshall terminate its Unbundled Network Elements and ancilary services for access by CLEC. There are two (2) standard Demarcation Points where Unbundled Network Elements and ancilary services may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation Points for its access to UNEs and ancilary services. One available Demarcation Point is at CLEC-provided cross-connection equipment in CLEC's Physical or Virtual Collocation space. Alternatively, the Demarcation Point can be at an Interconnection Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC and Qwest. To the extent CLECselects a Demarcation Point outside of its collocated space, CLEC shall provide and Qwest shall install the tie cables from CLEC's collocated equipment to the Demarcation Point. Alternatively, Qwest shall provide and install these tie cables, at CLEC's expense. 8.2.1.5 Qwest wil provide a connection between Unbundled Network Elements and ancilary services and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). The Demarcation Point shall be: a) at CLEC-provided cross-connection equipment located in CLEC's Virtual or Physical Collocation space; or b) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution Frame (ICDF); or c) if CLEC elects to use an ICDF in association with Virtual or Physical Collocation, at the ICDF; d) at a direct connection point of termination as described in Section 8.3.1.11.2; or e) at another Demarcation Point mutually-agreed to by the Parties. 8.2.1.6 CLEC may purchase Qwests finished Private Line or Switched Access Services via applicable Tarif terms and conditions. These services will be terminated at the Demarcation Point. 8.2.1.7 For Caged and Cageless Physical Collocation and Virtual Collocation, CLEC must lease space for the placement of CLEC's equipment within Qwest's Premises. Qwest wil provide the structure that is necessary in support of Collocation including physical space, a Cage (for Caged Physical Collocation) required cabling between equipment and other associated hardware. 8.2.1.8 All equipment shall meet and be installed in 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 CLEC that are more stringent than the safety or engineering requirements Qwest imposes on its own equipment located on its Premises. 8.2.1.9 Space Availabilty Report -- Upon request by CLEC, Qwest wil submit to Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 - 81 - Section 8 Collocation a requesting CLEC within ten (10) calendar days of CLEC'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 CLEC request; f) number of CLECs in queue at the Premises, if any; g) whether the Wire Center is equipped with DS3 capability; and h) the number and description of Qwest and its Affiliates and CLEC reservations of space. 8.2.1.9.1 A Space Availabilit Report Charge in Exhibit A wil apply to each Space Availability Report requested by CLEC and shall apply on per Premises basis. Rates and justification for the charge deferred to Cost Docket. 8.2.1.9.2 Inventory Report - Remote Premises. The locations of the Remote Premises (e.g., Feeder Distribution Interfaces, "FDI") and the Customer addresses served by each Remote Premises are available to CLECs through the Raw Loop Data TooL. Remote Premises with Digital Loop Carrier and Pair Gain equipment wil be provided on the web site in the ICONN database. (ICONN is available through the Qwest web site located at http://ww.qwest.comliconn.) If CLEC is unable to determine the information it seeks regarding Remote Premises. after using such database tools, Qwest wil provide CLEC with a report that contains the information. The Parties agree that a charge may apply to such report, based on time and material, unless the database information is inaccurate or unusable for the Remote Premises then no charge would apply. Qwest wil provide CLEC access to relevant plats, maps, engineering records and other data in accordance with Section 10.8.2.4. In addition, CLEC can request a copy of Qwests distribution area map associated with the Remote Premises, with a charge for time and materiaL. 8.2.1.10 Collocation is offered on a first-come, first-served basis. Requests for Collocation may be denied due to the legitimate lack of suficient space in a Qwest Premises for placement of CLEC's equipment. If Qwest determines that the amount of space requested by CLEC for Caged Physical Collocation is not available, but a lesser amount of space is available, that lesser amount of space wil be offered to CLEC for Caged Physical Collocation. Alternatively, CLEC wil be offered Cageless Physical Collocation (single frame bay increments), or Virtual Collocation as an alternative to Caged Physical Collocation. In the event the original Collocation request is not available due to lack of sufficient space, and CLEC did not specify an alternative form of Collocation on the original order form, CLEC wil be required to submit a new order for Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -82- Section 8 Collocation CLEC's preferred alternative Collocation arrangement. If CLEC identifies alternate choices for Collocation on its original Collocation request, Qwest wil determine the feasibility of the next preferred option in the event CLEC's first choice is not available. To the extent possible, Qwest shall make contiguous space available to CLEC when it seeks to expand its existing Collocation space. Where adjoining space is not available, Qwest wil engineer a route for CLEC to provide facilties between the non-adjoining CLEC Collocation spaces as part of the Collocation order. When planning renovations of existing facilities or constructing or leasing new facilities, Qwest shall take into account projected demand for Collocation of equipment. 8.2.1.10.1 Space Denial Queue - Qwest wil maintain a list of denied Collocation requests, in order of the date of receipt (Space Denial Queue), for each Premises where Qwest has exhausted Colloction space. A separate queue wil be maintained for each Premises. When space becomes available in a Premises in which a queue has developed, Qwest wil inform CLECs in the queue that space for Collocation has become available. If there is insufficient space to accommodate all of the CLECs in queue, Qwest shall notify CLECs of the availability of space in accordance with the CLEC's position in the queue. CLEC must respond within ten (10) calendar days of receipt of notification from Qwest with a new Collocation Application. If CLEC does not provide a Collocation Application within ten (10) calendar days of receipt of notification, or if CLEC responds that it no longer requires the Collocation space, CLEC shall be removed from the queue and the available space shall be offered to the next CLEC in the queue. If the space made available to a CLEC in the queue is not sufficient to meet such CLEC's needs, such CLEC may deny the space that becomes available and keep its position in the queue. 8.2.1.11 If Qwest denies a request for Collocation in a Qwest Premises due to space limitations, Qwest shall allow CLEC representatives to tour the entire Premises escorted by Qwest personnel within ten (10) calendar days of CLEC's receipt of the denial of space, or a mutually agreed upon date. Qwest wil review the detailed floor plans for the Premises with CLEC during the tour, including Qwest reserved or optioned space. Such tour shall be without charge to CLEC. If, after the tour of the Premises, Qwest and CLEC disagree about whether space limitations at the Premises make Collocation impractical, Qwest and CLEC may present their arguments to the Commission. In 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. 8.2.1.12 Qwest shall submit to the Commission, subject to any protective order as the Commission may deem necessary, detailed floor plans or diagrams of any Premises where Qwest claims that Physical Collocation is not practical because of space limitations. See 8.2.1.9. 8.2.1.13 Qwest wil maintain a publicly available document, posted for viewing on the Internet, (ww.gwest.com/wholesale/notification/collo/spaceavail.html) indicating all Premises that are full, and wil update this document within ten (10) calendar days of the date at which a Premises runs out of physical space and wil update the document within ten (10) calendar days of the date that space becomes available. In addition, the publicly available document shall include, based on information Qwest develops through the Space Availabilty Report process, the Reservation Process, or the Feasibilty Study Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -83- Section 8 Collocation Process: a) Number of CLECs in queue at the Premises, if any; b) Premises that have not been equipped with DS3 capability; c) Estimated date for completion of power equipment additions that wil liftthe restriction of Collocation at the Premises; and d) Address of the Remote Premises that have been inventoried for Remote Collocation, and if the Remote Premises cannot accommodate Collocation. Notwithstanding the foregoing, the Qwest web site wil list and update within the ten (10) day period, all Wire Centers that are full, whether or not there has been a CLEC requested Space Availability Report. 8.2.1.14 Reclamation and Reconditioning of Space 8.2.1.14.1 Reclamation of Space -- Reclamation of space is performed by Qwest removing unused, obsolete Qwest equipment to make space for equipment use. The cost of removal of the obsolete unused equipment shall be borne by Qwest. 8.2.1.14.1.1 If CLEC 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. 8.2.1.14.1.2 If CLEC issues a Collocation Application and unused, obsolete equipment must be removed to provide the requested Collocation, Qwest wil affirmatively remove such unused, obsolete equipment as necessary to fulfil the Collocation request within the applicable interval set forth in section 8.4. 8.2.1.14.2 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 wil identify whether reconditioning of space is available and necessary to meet CLEC needs for Collocation. If requested by CLEC, Qwest wil assess the cost of such reconditioning, provide a quote to CLEC for the costs, and upon Acceptance of quote by CLEC, perform the necessary work to recondition the space. For reconditioned space, CLEC is responsible for prorated charges based on the amount of space requested. 8.2.1.15 Cancellation of Collocation Request. CLEC 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. CLEC shall be responsible for payment of all costs incurred by Qwest up to the point when the cancellation is received. 8.2.1.16 Qwest may retain a limited amount of floor space for its own specific future uses, provided, however, that neither Qwest nor any of its Affilates may reserve Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CD$-020124-0083 - 84- Section 8 Collocation space for future use on terms more favorable than those that apply to CLEC's reservation of Collocation space for CLEC'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. 8.2.1.17 In addition to the requirements of Section 8.2.1.8, 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 applicablerelated earthquake ratings is available for review on the Qwest website at: http://ww.gwest.com/wholesale/pcatlcollocation.html. 8.2.1.18 Qwest wil review the securit requirements, issue keys, 10 cards and explain the access control processes to CLEC. The access control process includes but is not limited to the requirement that all CLEC 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 CLEC physical caged collocated areas or if they wrongfully provide access to unauthorized individuals. 8.2.1.18.1 Qwest wil take all reasonable measures to insure that CLEC equipment collocated in Qwest Premises is afforded physical security at Parity with Qwests similarly situated equipment. Should an event occur within a Qwest Premises that suggests vandalism or other tampering with CLEC's equipment, Qwest wil, at CLEC's request, vigorously and thoroughly investigate the situation. CLEC shall cooperate in the investigation as requested by Qwest. Qwest wil keep CLEC apprised of the progress of any investigation,. and report any conclusions in a timely manner. 8.2.1.19 Qwest shall provide access to CLEC'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 CLEC personnel and its designated agents. Such access shall be permitted without requiring either a securit escort of any kind or delaying a CLEC's employees entry into Qwest Premises. Qwest shall provide CLEC with access to other basic facilties, including parking, where available on.a first-come, first-served basis. 8.2.1.20 CLEC shall be restricted to corridors, stairways, and elevators that provide direct access to CLEC's space, or to the nearest restroom facilty from CLEC's designated space, and such direct access wil be outlined during CLEC's orientation meeting. Access shall not be permited to any other portion of the building. 8.2.1.21 Nothing herein shall be construed to limit CLEC's abilty to obtain more than one form of Collocation (Le., Virtual, Caged, Shared and Cageless Physical Collocation or ICOF Collocation) in a single Premises, provided space is available. 8.2.1.22 Termination of Collocation Arrangement. CLEC may terminate a completed Collocation arrangement by submitting a wrien request via certified mail to the Qwest account manager. Qwest shall provide CLEC a quotation for the costs of Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 85- Section 8 Collocation removing CLEC's collocated equipment and associated cabling and structure, which wil be paid by CLEC within thirty (30) days of the removal of the equipment by Qwest. CLEC will not be charged- for the removal of equipment or cabling that is owned and removed by CLEC in their Physical Collocation space. 8.2.1.23 Qwest shall design and engineer the most efficient route and cable racking for the connection between CLEC's equipment in its collocated spaces to the collocated equipment of another CLEC located in the same Qwest Premises; or to CLEC's own non-contiguous Collocation space. The most efficient route generally wil 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 CLEC in the Application form, including but not limited to, distance limitations of the facilties CLEC intends to use for the connection. If the length of the most efficient route exceeds any such distance limitations, Qwest wil notify CLEC of available options. When CLEC notifies Qwest of CLECs preferred option, Qwest wil proceed with the route design and quote preparation. If CLEC elects to have Qwest provide the channel regeneration, the quote will include the applicable charges. CLEC shall have access to the designated route and construct such connection, using copper, coax, optical fiber facilties, or any other Technically Feasible method utilizing a vendor of CLEC's own choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically Feasible connecting facilties outside of the actual physical Collocation space, subject only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest. CLEC may perform such Interconnections at the ICDF, if desired. CLEC may interconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC, to any End User's Premises, and may interconnect CLEC's own collocated space and/or equipment (e.g., CLEC's Physical Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be ordered either as part of an Application for Collocation under. Section 8.4, or separately from a Collocation Application in accordance with Section 8.4.7. CLEC-to-CLEC Cross- Connections at an ICDF are available, as follows: 8.2.1.23.1 CLEC-to-CLEC Cross-Connections at the ICDF. 8.2.1.23.1.1 CLEC-to-CLEC Cross-Connection (CaCC-X) is defined as CLEC's capability to order a cross-connection from it's Collocation in a Qwest Premises to its non-adjacent Collocation space or to another CLEC's Collocation within the same Qwest Premises at the ICDF. 8.2.1.23.1.2 Qwest wil provide the capabilty to combine these separate Collocations through an Interconnection Distribution Frame (ICDF). This is accomplished by the use of CLECs' Connecting Facilty Assignment (CFA) terminations residing at an IDCF. Also, ICDF cross- connections must terminate on the same ICDF at the same servce rate leveL. 8.2.1.23.1.3 If CLEC has its own Dedicated ICDF, the CLEC is responsible for ordering tie cables to the common ICDF frame/bay where the other CLEC resides. These tie cables would be ordered through the existing Collocation Application form. 8.2.1.23.1.4 CLEC is responsible for the end-to-end service design that Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 -86- Section 8 Collocation uses ICDF cross-connection to ensure that the resulting service meets its Customer's needs. This is accomplished by CLEC using the Design Layout Record (DLR) for the service connection. Depending on the distance parameters of the combination, regeneration may be required. 8.2.1.23.1.5 If two CLECs are involved, one CLEC acts as the "ordering" CLEC. The ordering CLEC identifies both connection CFA's on the ASR. CLEC requests service order activity by using the standard ASR forms. These forms are agreed upon nationally at the OBF (Ordering and Billng Forum). Refer to the DMP (Document Management Platform)/Carrier/Carrier Centersf'A"f'ASOG" for copies of all forms including definitions of the fields. CLEC is responsible for obtaining these forms. Qwest must not reproduce copies for its Customers, as this is a copyright violation. The standard industry forms for CLEC-to-CLEC Cross-Connections (COCC-X) are: Access Service Request (ASR), Special Access (SPE) and Additional Circuit Information (ACI). 8.2.1.24 Qwest will provide CLEe 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 CLEC through direct use of Qwest's existing cross-connecion network. CLEC and Qwest wil share the same distributing frames for similar types and speeds of equipment, where Technically Feasible and space permiting. 8.2.1.25 CLEC terminations wil be placed on the appropriate Qwest cross- connection frames using standard engineering principles. CLEC terminations wil share frame space with Qwest terminations on Qwest frames without a requirement for an intermediate device. 8.2.1.26 If CLEC disagrees with the selection of the Qwest cross-connecion frame, CLEC 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 CLEC's Collocation space to the MDF or COSMICTM frame. 8.2.1.27 Conversions of the various Collocation arrangements (e.g., Virtual to Physical) wil be considered on an Individual Case Basis. However, conversions fromVirtual Collocation to Cageless Physical Collocation, where the conversion only involves an administrative and Billng change, and the virtually collocated equipment is located in a space where Cageless Physical Colloction is available, shall be completed in thirt (30) calendar days. CLEC must pay all associated conversion charges. 8.2.1.28 Qwest shall permit CLEC to construct or subcontract the construction and build-out of Physical Collocation arrangements with contractors approved by Qwest. Such CLEC construction of Physical Collocation arrangements are for within CLEC's physical space including the cage, if appropriate, frames, and cable racking, and also outside CLEC's physical space, CLEC may install the tie cables, blocks, and terminations on the ICDF or for CLEC-to-CLEC connections. Qwest approval of CLEC contractors involves security access arrangements and shall not be unreasonably withheld. CLEC is not required to use Qwest or Qwest contracted personnel for the engineering and installation of CLEC's collocated equipment. Approval by Qwest of CLEC's employees, vendors or subcontractors shall be based on the same criteria that Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 87- Section 8 Collocation Owest uses in approving contractors for its own purposes. 8.2.1.29 Owest wil provide CLEC with writen notification at least five (5) business days before any scheduled non-emergency AC or DC power work in the collocated facilty that may cause a power disruption to CLEC equipment located in the Owest facilty. This does not include notification of routine power testing or power installation work not expected to cause a power disruption. Owest wil use diligent efforts to notify CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon as Owest becomes aware that an outage is to take place or has occurred and (b) any emergency power disruption that would impact CLEC equipment no later than thirt (30) minutes after such activity commences. Finally, Owest shall immediately notify CLEC by ACR if an alarm condition exists with respect to the monitoring of power that poses a material risk to the continued operation of CLEC equipment. 8.2.2 Terms and Conditions - Virtual Collocation 8.2.2.1 Owest is responsible for installing, maintaining, and repairing virtually collocated equipment for the purpose of Interconnection or to access UNEs, ancilary and Finished Services. When providing Virtual Collocation, Owest 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 Owest. 8.2.2.2 CLEC wil not have physical access to the virtually collocated equipment in the Owest Premises. However, CLEC wil have physical access to the Demarcation Point in the Owest Premises. 8.2.2.3 CLEC wil be responsible for obtaining and providing to Owest administrative codes (e.g., common language codes) for all equipment provided by CLEC and installed in Owest Premises. 8.2.2.4 CLEC shall ensure that upon receipt of CLEC's virtually collocated equipment by Owest, all warranties and access to ongoing technical support are passed through to Owest at CLEC's expense. CLEC shall advise the manufacturer and seller of the virtually collocated equipment that CLEC's equipment wil be possessed, installed and maintained by Owest. 8.2.2.5 CLEC'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. CLEC shall provide Owest interface specifications (e.g., electrical, functional, physical and softare) of CLEC's virtually collocated equipment. Such safety and engineering standards shall apply to CLEC equipment only to the degree that they apply to Owest equipment located in Owest's Premises. 8.2.2.6 CLEC must specify all softare options and associated plug-ins for its virtually collocated equipment. 8.2.2.7 CLEC wil be responsible for payment of Owests initial direct training charges associated with training Owest employees for the maintenance, operation and Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 88- Section 8 Collocation installation of CLEC's virtually collocated equipment when such equipment is different than the standard equipment used by Qwest in that Premises. This includes per diem charges (Le., expenses based upon effective Qwest labor agreements), travel and lodging incurred by Qwest employees attending a vendor-provided training course. 8.2.2.8 CLEC wil be responsible for payment of reasonable charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment in accordance with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the foregoing, CLEC shall not be responsible for any costs or charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment where such costs or charges result from Qwests fault or negligence. 8.2.3 Terms and Conditions - Caged and Cageless Physical Collocation 8.2.3.1 Qwest shall provide Caged and Cageless Physical Collocation to CLEC for access to UNEs and ancilary services and Interconnection, except that Qwest may provide Virtual Collocation if Qwest demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations,as provided in Section 251 (c)(6) of the Act. 8.2.3.2 Physical Collocation is offered in Premises on a space-available, first come, first-served basis. 8.2.3.3 Reserved for Future Use. 8.2.3.4 Qwest wil design the floor space in the most efficient manner possible within each Premises that will constitute CLEC's leased space. CLEC wil, in accordance with the other terms and conditions of this Section, have access to its leased space. 8.2.3.5 When Qwest constructs the collocated space, Qwest wil ensure that the necessary construction work (e.g., racking, ducting and caging for Caged Physical Collocation) is performed pursuant to Qwest Technical Publication 77350, including all construction of CLEC's leased physical space and the riser from the vault to the leased physical space. 8.2.3.6 CLEC owns or leases and is responsible for the installation, Maintenance and Repair of its equipment located within the physically collocated space. leased from Qwest. 8.2.3.7 Qwest shall permit CLEC to commence installation of its equipment prior to completion of Qwests work on the remaining Collocation infrastructure, at no additional charge to CLEC. Such "early access" date wil be negotiated by Qwest and CLEC on a site specific basis. In order to obtain early access, CLEC must pay eighty percent (80%) of the remaining fif percent (50%) of the quoted nonrecurring charges before early access is granted, leaving a holdback of ten percent (10%) of the originally quoted nonrecurring charges. All appropriate (Le. space and cable racking) recurring charges wil begin on a negotiated date. The enclosure for Caged Physical Collocation must be complete before early access is granted. Such early access by CLEC shall not interfere with the work remaining to be performed by Qwest. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 89- Section 8 Collocation 8.2.3.8 Upon completion of the construction of the Collocation project, Owest will work cooperatively with CLEC in matters of joint testing and maintenance. 8.2.3.9 If, during installation, Owest determines CLEC activities or equipment do not comply with the NEBS Level 1 safety standards listed in this Section or are in violation of any Applicable Laws or regulations all equally applied to Owest, Owest has the right to stop all installation work until the situation is remedied. Owest shall provide written notice of the non-compliance to CLEC and such notice wil include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLECs equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Owest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Owest contends CLECs equipment fails to meet. If such conditions pose an immediate threat to the safety of Owest employees, interfere with the performance of Owests service obligations, or pose an immediate threat to the physical integrity of the conduit system, cable facilities or other equipment in the Premises,Owest may perform such work and/or take action as is necessary to correct the condition at CLEC's expense. In the event that CLEC disputes any action Owest seeks to take or has taken pursuant to this provision, CLEe may pursue immediate resolution by the Commission or a court of competent jurisdiction. 8.2.3.10 All equipment placed wil be subject to random safety audits conducted by Owest. These audits wil determine whether the equipment meets the NEBS Level 1 safety standards required by this Agreement. CLEC will be notified of the results of this audit. If, at any time, pursuant to a random audit or otherwise, Owest determines that the equipment or the installation does not meet the NEBS standards described in Section 8.2.1.8, CLEC wil be responsible for the costs associated with the removal, modification to, or installation of the equipment to bring it into compliance. Owest shall provide written notice of the non-compliance to CLEC, and such notice wil include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Owest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Owest contends CLEC's equipment fails to meet. If CLEC fails to correct any non-compliance within fifteen (15) calendar days of written notice of non- compliance, or if such non-compliance cannot be corrected within fifeen (15) calendar days of written notice of non-compliance, and if CLEC fails to take all appropriate steps to correct any non-compliance as soon as reasonably possible, Owest may pursue immediate resolution by the Commission or a court of competent jurisdiction. If there is an immediate threat to the safety of Owest employees,_or an immediate threat to the physical integrity of the conduit system, cable facilities, or other equipment in the Premises, Owest may perform such work and/or take such action as is necessary to correct the condition at CLEC's expense. 8.2.3.11 Owest shall provide basic telephone service with a connection jack at the request of CLEC for Caged or Cageless Physical Collocation space. Upon CLEC's request, this service shall be available per standard Owest business service Provisioning processes and rates. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 90- Section 8 Collocation 8.2.3.12 For Caged Physical Collocation, CLEC's leased floor space wil be separated from other CLECs and Qwest space through a cage enclosure. Qwest wil construct the cage enclosure or CLEC may choose from Qwest approved contractors or may use another vendor of CLEC's own choosing, subject to Qwests approval which may not be unreasonably withheld. All CLEC equipment placed will meet NEBS Level 1safety standards, and wil comply with any local, state, or federal regulatory requirements in effect at the time of equipment installation or that subsequently become effective. 8.2.3.13 For Cageless Physical Collocation in a Wire Center, the minimum square footage is nine (9) square feet per bay (however, if smaller bays are or become available, Qwest wil reduce the minimum square footage accordingly). Requests for multiple bay space wil be provided in adjacent bays where possible. When contiguous space is not available, bays may be commingled with other CLECs' equipment bays. CLEC may request, through the Qwest Space Reclamation Policy, a price quote to rearrange Qwest equipment to provide CLEC with adjacent space. 8.2.4 Transmission Facilty Access to Collocation Space 8.2.4.1 For Virtual or Physical Collocation, CLEC may select from four (4) optional methods for facility access to its Collocation space. They include: 1) fiber entrance facilties, 2) purchasing private line or Access Services, 3) Unbundled Network Elements; and 4) microwave entrance facilities. Other entrance facility technologies may be requested through the BFR process. 8.2.4.2 Collocation Fiber Entrance Facilities. Qwest offers three Fiber Collocation Entrance Facilty options - Standard Fiber Entrance Facilty, Cross-Connect Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to Caged and Cageless Physical Collocation and Virtual Collocation. Fiber Entrance Facilities provide the connectivity between CLEC's collocated equipment within the Qwest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Qwest Wire Center where CLEC shall terminate its fiber-optic facilty, except the Express Fiber Entrance Facilties. 8.2.4.3 CLEC is responsible for providing its own fiber facilties to the C-POI outside Qwests Wire Center. Qwest wil extend the fiber cable from the C-POI to a Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure wil then be provided by Qwest from the FDP to continue the run to CLEC's leased Collocation space (Caged or Cageless Physical Collocation) or CLEC's equipment (Virtual Collocation). The Qwest provided facilty from the C-POI to the leased Collocation space (Physical Collocation) or CLEC 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 CLEC fiber wil be pulled to CLEC Collocation equipment without splices or termination on an FDP. 8.2.4.3.1 Standard Fiber Entrance Facility -- The standard fiber entrance facility provides fiber connectivity between CLEC's fiber facilities delivered to the C-POI and CLEC's Collocation space in increments of 12 fibers. CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable that consists of six bufer tubes containing 12 fibers each for a 72 fiber cable. The 72 fiber cable shall be terminated on a Fiber Distribution Panel (FDP). A 12 fiber Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 91- Section 8 Collocation Interconnection cable is placed between CLEC's Collocation space and the FOP. The FOP provides Owest with test access and a connection point between the transport fiber and CLEC's Interconnection cable. 8.2.4.3.2 Cross-connect Fiber Entrance Facilty ..- The cross-connect fiber entrance facility provides fiber connectivity between CLEC's fiber facilties delivered to a C-POI and multiple locations within the Owest Wire Center. CLEC's fiber cable is spliced into a Owest provided shared fiber entrance cable in 12 fiber increments. The Owest 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 Interconnection cables in 4 and 12 fiber options connect the second fiber distribution panel and equipment locations in the Owest Wire Center. This option has the abilit to serve multiple locations or pieces of equipment within the Owest Wire Center. This option provides maximum flexibilty in distributing fibers within the Wire Center and readily supports Virtual and Cageless Physical Collocation and multiple CLEC locations in the office. This option also supports transitions from one form of Collocation to another. 8.2.4.3.3 Express Fiber Entrance Facility - Owest wil place CLEC-provided fiber cable from the C-POI directly to CLEC's Collocation space. The fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating requirements. If CLEe provided cable does not meet NEBS Level 1 fire rating requirements then a transition splice wil occur in the cable vault to insure that the cable within the Owest Wire Center meets requirements. This option wil not be available if there is only one conduit with 2 unused innerducts (one for emergency restoral and one for a shared entrance cable). 8.2.4.4 Owest will designate the location of the C-POI for Virtual, Caged Physical or Cageless Physical Collocation arrangements. 8.2.4.5 The Collocation entrance facilit is assumed to be fiber optic cable and meets industry standards (GR. 20 Core). Metallc sheath cable is not considered a standard Collocation entrance facilit. Requests for non-standard entrances will be considered through the BFR process described in the Bona Fide Request Process Section of this Agreement. All costs and Provisioning intervals for non-standard entrances wil be developed on an Individual Case Basis. 8.2.4.6 Owest shall provide an Interconnection point or points, physically accessible by both Owest and CLEC, at which the fiber optic cable carrying CLEC's circuits can enter Owests Wire Center, provided that Owest shall designate Interconnection points as close as reasonably possible to its Premises. Owestshall offer at least two (2) such Interconnection points at each Owest Wire Center when at least two entry points pre-exist and duct space is available. Owest wil not initiate construction of a second, separate Collocation entrance facilit solely for Collocation. If Owest requires the construction of a new Collocation entrance facilty for its own use, then the needs of CLEC wil also be taken into consideration. 8.2.4.7 As an alternative to the Fiber Entrance Facilties described above, CLEC may purchaseOwest Tarifed or cataloged Private Line or Switched Access Services Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 92- Section 8 Collocation between Owests Premises and CLEC's Collocation space in a Owest Wire Center. 8.2.4.8 As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase unbundled dedicated interoffice transport. 8.2.4.9 Microwave Entrance Facilities. Owest offers Microwave Entrance Facilities, on Premises owned or controlled by Owest, to access CLEC transmission equipment collocated on or inside the Owest 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. CLEC may place its microwave antenna on a Owest owned or controlled existing tower, building, or supporting structure, where space is available, or CLEC may construct such tower or supporting structure, if necessary and if there is suficient space and the building structure is not jeopardized. Such microwave equipment wil be limited to that which is necessary for Interconnection to Owests network or access to Owests Unbundled Network Elements. 8.2.4.9.1 Owest wil jointly coordinate and plan with CLEC 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 Owest Premises. The method of placing CLEC microwave equipment shall be mutually agreed upon. Tower or building roof space that allows for unobstructed line-of-sight wil be provided byOwest where Technically Feasible. A weather proof cable entry hatch or an existing wave-guide hatch or other suitable entrance into the building is required. If space is available, CLEC may use an existing cable entry hatch or a new cable entry hatch wil need to be constructed. The cable entry hatch charges are on a per Port used basis. 8.2.4.9.2 CLEC can perform the determination of line-of-sight feasibilty or if requested, Owest wil perform the line-of-sight feasibility. CLEC wil submit a Microwave Entrance Facilit Application for each antenna arrangement and each Owest Premises requested. A site visit wil include appropriate Owest and CLEC personnel for the purpose of determining whether an unobstructed line-of-sight is Technically Feasible and structural analysis of the building. The site visit wil take place within fifeen (15) calendar days after receipt by Owest of the CLEC's Microwave Entrance Facilty Application, unless the CLEC requests a later date. If CLEC performs the structural analysis and line-of-sight feasibilty, it shall submit a response regarding its analysis to Owest and Owest wil only bil for an escort fee per site requested. If either Part disputes the technical feasibilit, space availabilit, or other conditions proposed by Owest, the Parties wil promptly petition the Commission for resolution of the dispute. 8.2.4.9.3 If Owest performs the feasibility analysis, a response wil be provided to CLEC within thirt (30) calendar days after the site visit with the structural analysis and line-of-sight feasibility. If the site visit determines that unobstructed line-of-sight and placement of the microwave equipment are not Technically Feasible, CLEC will be biled only for the site visit. If the site visit determines that the placement of microwave equipment is Technically Feasible, Owest wil provide a quote for the Microwave Entrance Facility with the quote for the submited Collocation Application. If CLEC does not submit a Collocation Application for the Premises within thirt (30) days following the completion of the line-of-sight and structural feasibilit analysis or CLEC subsequently cancels the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 93- Section 8 Collocation Collocation Application, CLEC wil be biled for the site visit. 8.2.4.9.4 CLEC 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 CLEC facilities. If Qwests assistance is required in order for a CLEC to obtain necessary licenses or permits, Qwest wil not unreasonably withhold such assistance. CLEC wil pay all expenses associated with that assistance on a time and materials basis. 8.2.4.9.5 CLEC is responsible for the engineering, purchasing,supplying, installng, maintaining, repairing and servicing of its microwave specific equipment. CLEC shall provide the cable from the antenna equipment to the building cable entry hatch. However, CLEC is not permited to penetrate the building exterior wall or roof. Qwest wil do all building penetration and Qwest wil install the coaxial cable or wave-guideltransmission facilty from the cable entry hatch to the CLEC's Collocation space within the interval, as set forth in Section 8.4, for the tye of Collocation requested by CLEC. CLEC facilties shall not physically, electronically, or inductively interfere with the existing Qwest or other CLECs' equipment. Each transmiter individually and all transmitters collectively, for Qwest, Qwest Affilates and CLECs, at a given location shall comply with appropriate Federal, State, and Local regulations governing the safe levels of RF radiation. 8.2.4.9.6 Upon expiration or termination of the Collocation arrangement or the Microwave Entrance Facilit, CLEC shall return the antenna space to its original condition. CLEC shall repair any damages caused by removal of its microwave equipment, or by the use, operation or placement of its microwave equipment on the Premises. If CLEC performs the foregoing, Qwestshall impose no charges on CLEC for such work. In the event the CLEC fails to remove its microwave equipment, CLEC shall be liable to Qwest for all reasonable costs of removal, restoration of the property, storage, and transportation to CLEC of such microwave equipment incurred by Qwest. 8.2.5 Terms and Conditions - ICDF Collocation 8.2.5.1 Interconnection Distribution Frame (ICDF) Collocation is available for CLECs who have not obtained Caged or Cageless Physical Collocation, but who require access to the Qwest Wire Center for combining Unbundled Network Elements and ancilary services. ICDF Collocation provides CLECs with access to the Interconnection Distribution Frame, where Qwest wil terminate the Unbundled Network Elements and ancilary services ordered by CLEC. CLEC may combine one (1) UNE to another UNE or ancilary service by running a jumper on the ICDF. CLEC access to the ICDF wil be on the same terms and conditions described for other types of Collocation in this Section. There are multiple frames that could be used for ICDF Collocation including, but not limited to, the following: a) existing Interconnection Distributing Frame (ICDF); b) existing DSX panels for DS-1 and DS-3 services; c) new Interconnection Distributing Frame; d) existing toll frame; e) fiber distribution panel; and, f) existing intermediate frame. 8.2.5.2 All Qwest terminations on the Interconnection Distribution Frame wil be Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 94- Section 8 Collocation given a frame address. Owest wil establish and maintain frame address records for Owest terminations. Owest wil maintain assignment records for each Unbundled Network Element and ancilary service ordered by CLEC that is terminated on the Interconnection Distribution Frame. Owest wil provide CLEC with the frame assignments for each Unbundled Network Element and ancilary service terminated on the ICDF. 8.2.5.3 CLEC wil be required to place the jumper connection between frame addresses to connect Unbundled Loops, ancilary and Finished Services. CLEC will be required to maintain the records for CLEC-provided jumpers. 8.2.5.4 Reserved for Future Use. . 8.2.6 Terms and Conditions- Adjacent Collocation and Adjacent Remote Collocation 8.2.6.1 CLEC may request Adjacent Collocation and Adjacent Remote Collocation in an existing Owest controlled environmental vault, controlled environmental hut, or similar structures on or under Owest owned, leased or otherwise controlled property contiguous to a Owest Premises, to the extent Technically Feasible. Adjacent Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent Remote Collocation in an existing structure shall be ordered as Remote Collocation. 8.2.6.1.1 Alternatively, if no such structure described above exists, CLEC may choose to construct or procure a structure to place on or under Owest owned, leased or otherwise controlled propert contiguous to a Owest Premises. Such adjacent structure shall be in accordance with Owests design and space planning for the site. CLEC may propose the design for the adjacent structure, subject to Owests approvaL. Owest wil review the building and propert plans for the new structure within thirt (30) calendar days. 8.2.6.1.2 CLEe shall own such structure, subject to a reasonable ground space lease. If CLEC terminates its Adjacent Collocation space, Owest shall have the right of first refusal to such structure under terms to be mutually agreed upon by the parties. In the event Owest declines to take the structure or terms cannot be agreed upon, CLEC may transfer such structure to another CLEC for use for Interconnection and or access to UNEs. Transfer to another CLEC shall be subject to Owests approval, which approval shall not be unreasonably withheld. If no transfer of ownership occurs, CLEC is responsible for removal of the structure and returning the propert to its original condition. 8.2.6.2 Owest shall provide written authorization for use of Owests propert to CLEC or CLEC's contractor, to the extent that Owest owns or controls such propert, to assist CLEC in obtaining any building permits or other approvals that may be necessary to construct the facilty. CLEC is responsible for construction of the structure or procurement of an existing structure. CLEC is responsible for meeting all State and municipal building and zoning requirements. 8.2.6.3 facilities. Owest wil provide power and all other. Physical Collocation services and 8.2.6.4 Upon request, Owest wil evaluate all parking or other spaces outside the Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 95- Section 8 Collocation Qwest Premises on Qwest propert that can be reasonably made available to CLEC for Adjacent Collocation. Qwest wil retain a reasonable amount of parking space for Qwest technicians or other vehicles, including CLECs. Space below a hoisting area wil not be relinquished for Collocation space. 8.2.6.5 If Physical Collocation space becomes available in a previously exhausted Qwest structure, Qwest shall not require CLEC to move, or prohibit CLEC from moving its Collocation arrangement into the Qwest structure. Instead, Qwest shall continue to allow CLEC to collocate in any adjacent controlled environmental vault, controlled environmental hut, or similar structure. 8.2.7 Terms and Conditions - Remote Collocation 8.2.7.1 Remote Collocation allows CLEC to collocate in a Qwest Remote Premises that is located remotely from a Qwest Wire Center building propert. Such Remote Premises include controlled environmental vaults, controlled environmental huts, cabinets, pedestals and other Remote Terminals. 8.2.7.2 The terms and conditions for Physical Collocation or Virtual Collocation shall apply to Remote Collocation as appropriate to the specific Remote Premises structure and subject to technical feasibility (e.g., Section 8.2.3.11 and Section 8.2.4 would not apply), or if appropriate, Adjacent Collocation as set forth above. Space wil be offered in increments appropriate to the Remote Premises structure (i.e., shelf, relay rack, etc.). 8.3 Rate Elements Rate elements for Collocation are included in Exhibit A. 8.3.1 Rate Elements. All Collocation 8.3.1.1 Qwest wil 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 byCLEC on the Collocation Order Form. A quote is then developed by Qwest for the work to be performed. 8.3.1.2 The following elements as specified in Exhibit A of this Agreement are used to develop a price quotation in support of Collocation: 8.3.1.3 Quote Preparation Fee. A non-refundable charge for the work required to verify space and develop a price quote for the total costs to CLEC for its Collocation request. 8.3.1.4 Collocation Entrance Facilty 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) or to the leased space (for Caged or Cageless Physical Collocation). The Collocation entrance facility includes manhole, conduitlinnerduct, placement of conduitinnerduct, 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 Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -96- Section 8 Collocation cable, splice case, a splice frame or fiber distribution paneL. Microwave Entrance Facility charges are addressed in 8.3.1.17. 8.3.1.5 Cable Splicing Charge. Represents the labor and equipment to perform a subsequent splice to CLEC provided fiber optic cable after the initial installation splice. Includes per-setup and per-fiber-spliced rate elements. 8.3.1.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC collocated equipment and is fused at one hundred twenty-five percent (125%) of request. Charged on a per ampere basis. 8.3.1.7 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 CLEC'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. 8.3.1.8 Inspector Labor Charge. Provides for Qwest qualified personnel, acting as an inspector, when CLEC requires access to the C-POI after the initial installation. A call-out of an inspector after business hours is subject to a minimum charge of three (3) hours. The minimum call-out charge shall apply when no other employee is present in the location, and an 'off-shif' Qwest employee (or contract employee) is required to go 'on-shift' on behalf of CLEC. 8.3.1.9 Channel Regeneration Charge. Required when the distance from the leased physical space (for Caged or Cageless Physical Collocation) or from the collocated equipment (for Virtual Collocation) to the Qwest network is of suficient length to require regeneration. Cable distance limitations are based on ANSI Standard T1.1 02- 1993 "Digital Hierarchy - Electrical Interface; Annex B." Channel Regeneration Charges shall not apply if Qwest fails to make available to CLEC: (a) a requested, available location at which regeneration would not be necessary or (b) Collocation space that would have been available and sufficient but for its reservation for the future use of Qwest. 8.3.1.10 Interconnection Tie Pairs (ITP) are described in the UNE Section, and apply for each Unbundled Network Element, ancilary service or Interconnection service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element, ancilary service or Interconnection service and the Demarcation Point. 8.3.1.11 Collocation Terminations. Terminations are purchased by CLEC for the purpose of accessing Unbundled Network Elements. These terminations may be requested in Shared Access and Direct Connection Configurations. 8.3.1.11.1 Shared Access 8.3.1.11.1.1 In a Shared Access configuration, there are multiple frames that could be designated as an ICDF or appropriate Demarcation Point including, but not limited to, the following: a) Existing Interconnection Distributing Frame (ICDF). Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 97- Section 8 Collocation b) Existing DSX Panels for DS-1 and DS-3services c) New Interconnection Distributing Frame d) Existing Toll Frame e) Fiber Distribution Panel f) Existing Intermediate Frame 8.3.1.11.1.2 The ICDF is the test access point. It would not be uncommon to find multiple service providers, including Qwest, on the ICDF at anyone time. This element includes Qwests provided termination blocks, installation labor between CLEC collocated equipment and the appropriate cross-connect device. Cabling is also required and may be provided by CLEC or at their request, Qwest wil provide cabling at an additional charge. When Qwest provides the cabling, Collocation Block Termination rates wil apply as contained in Exhibit A of this Agreement. When CLEC provides the cabling, Collocation Termination rates, on a per termination basis, wil apply as contained in Exhibit A of this Agreement. When CLEC provides and installs the tie cables, blocks and terminations on the ICDF, no Collocation Termination rates wil apply. 8.3.1.11.2 Direct Connection 8.3.1.11.2.1 Direct Connection provides an uninterrupted path from the Collocation space to an existing frame. This option wil guarantee. that there will not be an ICDF. The connection wil be designed from the Collocation space to the same frame that Qwest uses to connect to that specific service. For example, if CLEC wants to connect directly from their Collocation space to a 911 router, the infrastructure for the 911 trunks wil terminate in a DS1 bay location with the 911-router circuit. There are several options for the location of the Demarcation Point. CLEC wil select their desired option via the. supplemental Direct Connection (DC-POT) With Collocation Form DC050900. If CLEC chooses a demarcation inside the Collocation space, the collocator should order and install the termination equipment itself. 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. If CLEC chooses a demarcation outside its Collocation space, Qwest wil maintain and inventory this device. Direct terminations may be ordered where frame space is available. If frame space is exhausted the terminations may need to be made at another frame. Upon completion of the pre-Provisioning of the Direct Connection, CLEC wil receive an Alternate Point of Termination (APOT) form so that they may order Finished Services and UNEs. CLEC wil 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. 8.3.1.11.2.2 CLEC's termination point wil require a CLLI code (e.g., Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for lHIXO Idaho/CDS-020124-0083 -98- Section 8 Collocation Frame Number) and the dedicated tie pairs wil require a unique name to enable automatic assignment through TIRKSTM and SWITCHTM via Carrier Facilities Address (CFA) methods. 8.3.1.11.2.3 If CLEC wishes to arrange terminations on a 2-wire POTS level cross-connect device of the modular type, Le. COSMICTM Hardware, standard-engineering principles wil apply. Provisioning intervals and costs wil be customized and determined on an Individual Case Basis (ICB). A five (5) year forecast including terminations per quantities wil be required. MELDTM runs wil be required for the initial COSMICTM plan and each subsequent block addition. To minimize CLEC's cost, to the extent feasible, Qwest shall consolidate CLEC's requirements wih the requirements of Qwest and other CLECs 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 outside plant modules. A ~ shelf of block capacity must be reserved for future block space. 8.3.1.11.2.4 Requests for terminations at a DSO, DS1, DS3 and optical level (non-POTS) may also be made directly to the respective frame or panel (Le. toll frame, DSX, FOP, etc.). Direct Connections to these frames do not require MELDTM runs and short jumper engineering principals, as with the COSMICTM frame. However these connections wil require coordination between Qwest and CLEC to ensure that the cable is terminated in an existing frame with the service that CLEC is wishing to connect with. Direc Connection is ordered via the supplemental Collocation order form, Direct Connection (DC-POT) With Collocation Form DC050900. Timing, pricing and feasibility wil be determined on the basis of a specific, in-depth building analysis. Direct Connections are available where available frame space permits. If frame space is exhausted, terminations may need to be made at another frame. Space availability wil be determined during the feasibilty request phase of the order. Rates for Direct Connecion Terminations wil be on an ICB basis using rates defined in Exhibit A. 8.3.1.11.3 Terminations must be purchased in the following increments: DSO in blocks of 100; DS1in increments of one (1); and DS3 in increments of one (1) coaxial cable or fiber pair. 8.3.1.12 Security Charge. This charge applies to the keys/card and card readers, required for CLEC access to the Qwest Premises for the purpose of Collocation. Charges are assessed per CLEC employee, per card, per Premises on a monthly basis. 8.3.1.13 Composite Clock/Central Office Synchronization. Recovers the cost of providing composite clock and/or DS1 synchronization signals traceable to a stratum one source. CLEC must determine the synchronization requirements for CLEC's equipment and notify Qwest of these requirements when ordering the clock signals. Central Ofice 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 Ofices are equipped with Building Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IHAH for LHIXO Idaho/CDS-020124-0083 - 99- Section 8 Collocation with Exhibit A. 8.3.1.14 -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 (125%) of request. It includes engineering, furnishing and installng the main distribution bay power breaker, associated power cable, cable rack and local power bay to the closest power distribution bay. It also includes the power cable (feeders) A and B from the local power distribution bay to the leased physical space (for Caged or Cageless Physical Collocation) or to the collocated equipment (for Virtual Collocation). It is charged per foot, per A and B feeder. 8.3.1.15 Space Availabilty Report Charge - Recovers the cost of preparing a Space Availabilty Report in accordance with Section 8.2.1.9.1 8.3.1.16 CLEC-to-CLEC Connection Charge. Recovers the cost of order processing, design and engineering. Additional charges wil be assessed for Virtual Collocation connections and cable holes, if applicable. There wil be recurring charges for cable racking. 8.3.1.17 Microwave Entrance Facility - The charges for Microwave Entrance Facilty 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. 8.3.2 Rate Elements - Virtual Collocation The following rate elements, as specified in Exhibit A, apply uniquely to Virtual Collocation. 8.3.2.1 Maintenance Labor. Provides for the labor necessary for repair of out of service and/or service-affecting conditions and preventative maintenance of CLEC virtually collocated equipment. CLEC is responsible for ordering maintenance spares. Qwest wil perform maintenance and/or repair work upon receipt of the replacement maintenance spare and/or equipment from CLEC. A call-out of a maintenance technician after business hours is subject to a minimum charge of three (3) hours. 8.3.2.2 Training Labor. Provides for the training of Qwest personnel on a metropolitan service area basis provided by the vendor of CLEC's virtually collocated equipment when that equipment is diferent from Qwest-provided equipment. Qwest wil require three (3) Qwest employees to be trained per metropolitan service area in which CLEC's virtually collocated equipment is located. If, by an act of Qwest, trained employees are relocated, retired, or are no longer available, Qwest wil not require CLEC to provide training for additional Qwest employees for the same virtually collocated equipment in the same metropolitan area. Where more than one (1) CLEC in the same metropolitan area selects the same virtually collocated equipment, the training costs shall be prorated to each according to the number of CLECs so selecting. 8.3.2.3 Equipment Bay. Provides mounting space for CLEC 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 Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -100- Section 8 Collocation and air gaps necessary for heat dissipation, is limited to 78 inches. The monthly rate is applied per shelf. CLEC may request use of alternate bay heights of 9 foot and 11 foot 6 inches, which wil be considered on an Individual Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own equipment bay. 8.3.2.4 Engineering Labor. Provides the planning and engineering of CLEC virtually collocated equipment at the time of installation, change or removaL. 8.3.2.5 Installation Labor. Provides for the installation, change or removal of CLEC virtually collocated equipment. 8.3.2.6 Floor Space Lease. Required for Virtual Collocation only in the instance where CLEC provides its own equipment bay. This rate element provides the monthly lease for the space occupied by CLEC-provided equipment bay, including propert taxes and base operating cost without -4 volt DC power. Includes 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 CLEC-provided equipment bay and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of CLEC-provided equipment bay. 8.3.3 Rate Elements - Physical Collocation 8.3.3.1 Space Construction and Site Preparation. Includes the material and.labor to construct and prepare the space, including all support structure, cable racking and lighting required to set up the space. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed 2 watts per square foot), and convenience outlets (3 per Caged or Cageless Collocation or number required by building code) and the cost associated with space engineering. If a new line-up is established for Cageless Collocation, an AC power outlet wil be provided at every other bay in the line-up. Cageless bays placed in existing line-ups wil use the existing outlets. For Caged Collocation, it includes a nine (9) foot high cage enclosure. CLEC may choose from Qwest approved contractors or may use another vendor of CLEC's own choosing, subject to Qwests approval, which may not be unreasonably withheld, to construct the space, including the cage in the case of Caged Collocation, in accordance with NEBS Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is described in Exhibit A. In the case of Shared Collocation, Qwest may not increase the cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning such a cage of similar dimensions and material to a single collocating Party, and Qwest must prorate the charge for site conditioning and preparation by determining the total charge for site preparation and allocating that charge to CLEC based on the percentage of the total space used by GLEC. Qwest must in all cases of Shared space Collocation allocate space preparation, conditioning, security measures and other Collocation charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage of the total overall space preparation and conditioning expenses do not exceed the percentage of the total Collocation space used by CLEC. 8.3.3.2 Floor Space Lease. Provides the monthly lease for the leased physical Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -101 - Section 8 Collocation space, property taxes and base operating cost without -48 volt DC power. Includes 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); a pro-rata share of biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Owest Premises common areas surrounding the leased physical space and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of the cage enclosure, as applicable. 8.3.3.3 Intentionally Left Blank. 8.3.3.4 Collocation Grounding Charge. Used to connect the Premises common ground to CLEC equipment. Recurring and nonrecurring charges are assessed per foot to CLEC's equipment. 8.3.4 Rate Elements - ICDF Collocation 8.3.4.1 The charges for ICDF Collocation are the nonrecurring and recurring charges associated with the Unbundled Network Elements or ancilary services ordered by CLEC, the cost of extending the Unbundled Network Elements or ancilary services to the Demarcation Point, which are recovered through thelTP charges described in the UNE Section, and the Securit charge, described in this Section. 8.3.5 Rate Elements - Adjacent Collocation 8.3.5.1 The charges for Adjacent Collocation wil be developed on an Individual Case Basis, except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined, depending on the specific needs of CLEC and the unique nature of the available adjacent space (e.g., existing structure or new structure to be constructed). 8.3.6 Rate Elements - Remote Collocation and Adjacent Remote Collocation 8.3.6.1 The charges for Remote Collocation wil be developed on an Individual Case Basis except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined. 8.3.7 Rate Elements - CLEC-to-CLEC Connections 8.3.7.1 8.3.1.16. The charges for CLEC-to-CLEC Connections are addressed in Secion 8.4 Ordering 8.4.1 Ordering - All Collocation 8.4.1.1 CLEC must complete the requirements in the Implementation Schedule Section of this Agreement before submiting a Collocation Application Form to Owest. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -102- Section 8 Collocation 8.4.1.1.1 Nothing in this Agreement shall be construed to preclude a CLEC from submitting an order for Collocation prior to CLEC's execution of this Agreement. If, however, the Collocation interval is completed before this Agreement or another Interconnection agreement becomes efective, the rates, terms, and conditions of this Agreement shall apply to such Collocation. 8.4.1.2 Any material changes, modifications or additional engineering (Material Changes) requested by CLEC, subsequent to its original Collocation order, as to the type and quantit of equipment or other aspects of the original Collocation order, mustbe submitted with a revised Collocation Application. For purposes of this section, Material Changes are changes that would significantly impair Qwests 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 CLEC's request for Material Changes (Additional Time), and CLEC shall have the option of (a) having the request for Material Changes implemented with the original Collocation order (within the original Provisioning intervals) as extended by the Additional Time; or (b) having Qwest process and provision the request as a subsequent construction activit or augmentation to the original Collocation order. Any nonmaterial changes, modifications, or additional engineering requested by CLEC, subsequent to its original Collocation order, may be submitted with a revised Collocation Application or otherwise communicated to Qwest and shall be implemented with the original Collocation order within the original applicable intervals. 8.4.1.3 There are three (3) primary steps in the ordering of Collocation - 1) Forecasting, 2) Application, and 3) Acceptance of Quote. 8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed by CLEC and the Qwest account team. The CLEC 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 (20010) of the forecast. If at the time the Application is made, the forecasted type of Collocation is not available, CLEC may specify a diferent tye of Collocation without affecting the Collocation intervals. The forecast shall include, for each Qwest Premises, the following: a) Identification of the Qwest Premises; b) Floor space requirements, including the number of bays for a Cageless Collocation arrangement; c) Power requirements; d) Heat Dissipation (optional); e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared, ICDF, Virtual, etc.); f) Intentionally Left Blank. g) Entrance Facilty Type (e.g., Express Fiber, Private Line); Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -103- Section 8 Collocation h) Type and Quantity of Terminations (optional); i) Month or .Quarter CLEC expects to submit its Collocation Application; and j) Intentionally Left Blank. 8.4.1.4.1 The following terms shall apply to the forecasting process: a) CLEC forecasts shall be provided as detailed in Section 8.4,1.4; b) CLEC forecasts shall be Confidential Information and Qwest may not distribute, disclose or reveal, in any form, CLEC forecasts other than as allowed and described in subsections "c" and "d" below. c) Qwest may disclose, on a need to know basis only, CLEC forecasts, to Qwest network and growth planning personnel responsible for ensuring that Qwests local network can meet wholesale Customer demand. In no case shall the Qwest network and growth planning personnel that have access to CLEC forecasts be involved in or responsible for Qwests retail marketing, sales or strategic planning. Qwest will inform all network and planning personnel with access to CLEC forecasts of the confidential nature of such forecasts, and Qwest wil have such personnel sign non-disclosure agreements related thereto. The non-disclosure agreements shall inform such personnel that, upon threat of termination, they may not reveal or discuss CLEC forecasts with those not authorized to receive such information; and d) Qwest shall maintain CLEC forecasts in secure files and locations such that access to the forecasts is limited to the personnel designated in subsection "c)" above and such that no other personnel have computer access to such information. 8.4.1.5 CLEC shall submit a Collocation Application to order Collocation at a particular Qwest Premises. A Collocation Application shall be considered complete, if it contains: a) Identification of the Qwest Premises; b) Floor space requirements, including the number of bays for a Cageless Collocation arrangement; c) Power requirements; d) Heat Dissipation; e) Type of Collocation (e.g., Caged Physical, Cage less Physical, Shared, Virtual, etc.); f) Collocated equipment and technical equipment specifications (manufacturer make, model no., functionality i.e., Cross Connect, DLC, DSLAM, Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IHAH for LHIXO Idaho/CDS-020124-0083 -104- Section 8 Collocation 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 Interconnection. High level equipment interface or connectivity schematic for equipment that is not on the approved equipment list or has not been used by CLEC for a similar purpose before, must also accompany this Application. CLEC using approved equipment found at ww.qwest.com/wholesale/pcatlcollocationlhtml need not comply with this provision); g) Entrance Facilit Type; h) Type and Quantity of Terminations; i) If desired, an alternate form of Collocation if first choice is not available; and j) Billng Contact. 8.4.1.5.1 Parties wil work cooperatively to ensure the accuracy of the Collocation Application. If Qwest determines that the Application .is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar days after receipt of the Application. Qwest shall provide suficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its pJace in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten calendar days after being advised of the deficiencies. 8.4.1.6 Acceptance - After receipt of a Collocation Quote Form from Qwest, CLEC 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 fif percent (50%) of quoted charges. 804.1.7 Collocation Space Reservation - allows CLEC to reserve space 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. CLEC may reserve space in a particular Qwest Premises through the Collocation Space Reservation Application Form. Request for contiguous space wil be honored, if available. 804.1.7.1 Collocation Space Reservation Application - Upon receipt of the Collocation Space Reservation Application Form, Qwest wil provide space feasibility within ten (10) calendar days. 8.4.1.7.2 Collocation Space Reservation Quotation - If space is available, Qwest wil provide a specific price quote based on the requested Collocation requirements described on the Collocation Space Reservation Application Form. The quote and a Biling invoice for twenty-five percent (25%) payment of Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -105- Section 8 Collocation nonrecurring charges wil be sent to CLEC within twenty-five (25) calendar days from the Collocation Space Reservation Application receipt. 8.4,1.7.2.1 Collocation Space Reservation Acceptance CLEC must electronically submit Acceptance or non-Acceptance of the quote within seven (7) calendar days of receipt of the quotation. If CLEC submits the Acceptance between eight (8) and thirt (30) calendar days of receipt of the quotation, Qwest wil honor the reservation upon receipt of the payment only if Qwest does not receive a competing request for the same space from another CLEC. Qwest will not honor reservations if CLEC submits the Acceptance more than thirt (30) calendar days after receipt of the quotation. 8.4.1.7.3 Upon receipt of the twenty-five percent (25%) payment, Qwest wil reserve the space on behalf of CLEC in accordance with the Application and take the necessary steps to ensure the availabilty of power, HVAC and other components reflected on the application for reservation. Qwest wil hold the reservation for the applicable reservation period after the twenty-five percent (25%) payment. This payment wil be applied to the subsequent Collocation Application. 8.4.1.7.4 CLEC may cancel the reservation at any time during the applicable reservation period. Upon notification of the cancellation, Qwest will refund a prorated portion of the twenty-five percent (25%) payment as follows: a) Cancellation notification within ninety (90) calendar days from receipt of wire transfer, seventy five percent (75%) of the initial down payment wil be returned to CLEC. b) Cancellation notification within ninety-one (91) and one hundred and eighty (180) calendar days from receipt of wire transfer, fif percent (50%) of the initial down payment wil be returned to CLEC. c) Cancellation notification within one hundred and eighty-one (181) and two hundred and seventy (270) calendar days from receipt of wire transfer, twenty-five percent (25%) of the initial down payment wil be returned to CLEC. 8.4.1.8 d) Cancellation notification after two hundred and seventy (270) calendar days from receipt of wire transfer, zero percent (0%) of the initial down payment wil be returned to CLEC. Collocation Space Option 8.4.1.8.1 CLEC, Qwest and Qwest Affiliates may Option space in Qwest Wire Center Premises in accordance with the terms of this Section 8.4.1.8 for the following equipment and time periods: a) Transmission equipment - one (1) year; b) Circuit switching equipment - three (3) years; Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -106- Section 8 Collocation c) Power plants - five (5) years. 8.4.1.8.2 Optioned space is offered to CLECs for Caged, Cageless, and Virtual Collocation. To 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, CLEC may also request space be contiguous to its existing Collocation space. b) A requesting CLEC may Option one Collocation space per Wire Center. c) The maximum amount of space per Wire Center to be Optioned is: - 200 square feet for Caged Collocation - 4 bays for Cageless and Virtual Collocation 8.4.1.8.3 The Collocation Space Option Application form wil be processed upon receipt of a properly completed request. Such form shall be considered properly completed if it contains identifing information of CLEC, the applicable Qwest Premises, the amount of Collocation space sought, the type of Collocation (Caged, Cageless, Virtual) and the type of equipment (from the categories identified in Section 8.4.1 .8.1) for which the option is being sought. CLEC must have met all past and present undisputed financial obligations to Qwest. Upon receipt of the Collocation Space Option Application form, Qwest wil confirm in writing, within ten (10) calendar days, the availabilty of, and price quote (the "Option Fee") for the Optioned space. If space is not available, Qwest will deny the request. 8.4.1.8.4 CLEC must electronically submit Acceptance with full payment of the nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the quoted Option 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 CLEC. 8.4.1.8.5 Upon receipt of Acceptance and full payment of the nonrecurririg portion of the Option Fee, Qwest wil Option the space on behalf ofCLEC including the contiguous space requests if available (or itself if appropriate) and the Option time frame wil begin. The prioritization of Optioning wil 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, 8.4.1.8.6 In order for an Option request to avoid expiration, CLEC must: Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -107- Section 8 Collocation a) Submit a Collocation Application during the Option time frame; or b) The - Option may be renewed 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 CLEC accepts the quote from Owest on CLEC's renewal application. 8.4.1.8.7 First Right of Refusal - If Owest receives a valid Collocation Application (CLEC A is the requesting Part) for a Owest Wire Center in which all available space has been occupied or Optioned, the following provisions for First Right of Refusal wil apply: 8.4.1.8.7.1 All Owest out of space reporting requirements apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12). In addition, Owest wil provide CLEC A with Option space information (e.g., Caged and Cage less Optioned space) that may fulfil the requirements of CLEC A's Collocation Application. At CLEC A's request,Owest wil initiate the Option Enforcement Notice process by notifying the Option Part or Parities with the most recent space Option(s) that meets the requirements of CLEC A's Collocation Application. 8.4.1.8.7.2 The Option Enforcement Notice serves as notification to the Option Party that Owest is in possession of a valid Colloction Application, and calls for the Option Part to exercise their Right of Firs Refusal, or relinquish their space Option. The Option Party may exercise it's Right of First Refusal by submiting either a Collocation Application as set forth in Section 8.4.1.5, or by submiting the Collocation Space Reservation Application set forth in Section 8.4.1.7, 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 CLEC or upon expiration of the notice period, whichever is earlier) to fulfil the Collocation Application. Once Optioned space has been relinquished for use to fulfil the Collocation Application, the standard ordering terms and conditions for Colloction shall apply. 8.4.1.8.7.3 Where contiguous space has been Optioned, Owest wil make its best effort to notify CLEC if Owest requires the use of the contiguous space for itself, its Affilates or CLECs. Upon notification, CLEC wil have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option or continue without the contiguous provision. 8.4.1.8.7.4 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, feasibilit, common space engineering, records Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -108- Section 8 Collocation management, and administration of the First Right of Refusal process. b) Space Option Fee is a monthly recurring fee that wil be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month. 8.4.1.8.8 In the event that the Option Party proceeds with a Collocation Application for optioned space, all payments made pursuant to Section 8.4.1.8.7.4(b) above shall be applied to such Application. 8.4.1.9 The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation (Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5) Collocation Applications per CLEC per week per state. If six (6) or more Collocation orders are submited by CLEC in a one-week period in the state, intervals shall be individually negotiated. Qwest shall, however, accept more than five (5) Applications from CLEC per week per state, depending on the volume of Applications pending from other CLECs. 8.4.2 Ordering - Virtual Collocation 8.4.2.1 Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.1.5, Qwest wil perform a feasibilit study to determine if adequate space, power and HVAC can be found for the placement of CLEC's equipment within the Premises. The feasibilty study will be provided within ten (10) calendar days of receipt of a complete Application. 8.4.2.1.1 If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar days of the Application. Qwest shall provide suficient detail so that CLEC has a reasonable opportunit to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar days after being advised of the deficiencies. 8.4.2.2 Quotation - If Collocation entrance facilties and space. are available, Qwest will develop a price quotation within twenty-five (25) calendar days of completion of the feasibilit study. Subsequent requests to augment an existing Collocation also require receipt of an Application. Adding plug-ins, e.g., DS1 or DS3 cards to existing virtually collocated equipment, wil be processed and provisioned within ten (10) business days. Virtual Collocation price quotes wil be honored for thirt (30) calendar days from the date the quote is provided. During this period the Collocation entrance facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.2.3 Acceptance -. Upon receipt of complete Collocation Acceptance, as described in 8.4.1.6, space wil be reserved and construction by Qwest wil begin. 8.4.2.4 Interval -- The interval for Virtual Collocation shall vary depending upon four factors - 1) whether the request was forecasted in accordance with Secion 8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC provides its Acceptance within seven (7) calendar days receipt of the quotation; 3) Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 .109- Section 8 Collocation whether CLEC delivers its collocated equipment to Qwest in a timely manner, which shall mean within fify-three (53) calendar days of the receipt of the complete Collocation Application; and 4) whether the Application requires major infrastructure additions or modifications. The installation of line cards and other minor modifications shall be performed by Qwest on shorter intervals and in no instance shall any such interval exceed thirt (30) calendar days. When Qwest is permited to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.2.4.1 Forecasted Applications with Timely Acceptance - If an Application is included in CLEC's forecast at least sixt (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fify- three (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. If CLEC's equipment is not delivered to Qwest within fif-three (53) calendar days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within fort-five (45) calendar days of the receipt of all of CLEC's equipment. 8.4.2.4.2 Forecasted Applications with Late Acceptance - If a Premises is included in CLEC'sforecast at least sixt (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirt (30) calendar days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fif-three (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. If CLEe's equipment is not delivered to Qwest within fift-three (53) calendar days after receipt of the complete Collocation Acceptance, Qwest shall complete the Collocation installation within fort-five (45) calendar days of the receipt of all of CLEC's equipment. If CLEC submits its Acceptance more than thirty (30) calendar days after receipt of the Qwest quotation, the Application shall be resubmitted by CLEC. 8.4.2.4.3 Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixt (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fif- three (53) calendar days after receipt of the complete Collocation Application, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar days of the receipt of the complete Collocation Application. If CLEC's equipment is not delivered to Qwest within fif-three (53) calendar days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within seventy-five (75) calendar days of the receipt of all of CLEC's equipment. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -110- Section 8 Collocation 8.4.2.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the. Application, and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirt (30) calendar days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fift-three (53) calendar days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest within fift-three (53) calendar. days after receipt of the complete Collocation Acceptance, Qwest shall complete. the Collocation installation within seventy-five (75) calendar days of the receipt of. all of CLEC's equipment. 8.4.2.4.5 Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC'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 8.4.2.4.3 through 8.4.2.4.4 may be extended, if required, to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required, and if all of CLEC's equipment is available at the Qwest Premises no later than fif-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 fif (150) calendar days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended intervaL. 8.4.2.4.6 Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it wil meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4.2 when CLEC submits a Collocation Application. If not withstanding these efforts, Qwest is unable to meet the interval and cannot reach agreement with CLEe for an extended intervaL. Qwest may seek a waiver from the Commission to obtain an extended intervaL. 8.4.3 Ordering - Caged and Cageless Physical Collocation 8.4.3.1 Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.1.5 Qwest wil perform a feasibilit study to determine if adequate space, power, and HVAC can be found for the placement and operation of CLEC's equipment within the Premises. The feasibility study wil be provided within ten (10) calendar days from date of receipt of a complete Application. 8.4.3.1.1 If Qwest determines that the Application is not complete, Qwest shall notif CLEC of any deficiencies within ten (10) calendar days of the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 111 - Section 8 Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar days after being advised of the deficiencies. 8.4.3.2 Quotation -- If Collocation entrance facilities and space are available, Qwest wil develop a quote for the supporting structure. Qwest wil complete the quotation no later than twenty-five (25) calendar days of providing the feasibility study. Physical Collocation price quotes wil be honored for thirt (30) calendar days from the date the quote is provided. During this period, the Collocation entrance facilty and space is reserved pending CLEC's Acceptance rof the quoted charges. 8.4.3.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.1.6 space wil be reserved and construction by Qwest wil begin. 8.4.3.4 Interval- The interval for Physical Collocation shall vary depending upon three factors - 1) whether the request was forecasted in accordance with Section 8.41.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC provides its Acceptance within seven (7) calendar days of receipt of the quotation; and, 3) whether the Application requires major infrastructure additions or modifications. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.3.4.1 Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixt (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days of receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Application. 8.4.3.4.2 Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixt (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirt (30) calendar days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirt (30) calendar days after receipt of the Qwest quotation, a new Application shall be resubmited by CLEC. 8.4.3.4.3 Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar days of the receipt of the complete Collocation Application. 8.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises is Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 112- Section 8 Collocation not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application and if CLEC provides a complete Acceptance more than eight (8) calendar days but less than thirt (30) calendar days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar days of the receipt of the complete Collocation Acceptance. 8.4.3.4.5 Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC'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 8.4.3.4.3 through 8.4.3.4.4 may be extended, if required, to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required, Qwest shall propose to complete its installation of the Collocation Arrangement within an interval of no more than one hundred and fif (150) calendar days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended intervaL. 8.4.3.4.6 Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it wil meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4.2 when CLEC submits a Collocation Application. If not withstanding these efforts, Qwest is unable to meet the interval and cannot reach agreement with CLEC for an extended intervl, Qwest may seek a waiver from the Commission to obtain an extended intervaL. 8.4.4 Ordering - Interconnecion Distribution Frame (ICDF) Collocation 8.4.4.1 Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.1.5, Qwest wil perform a feasibilit study to determine if adequate space can be found for the placement and operation of CLEC's terminations within the Wire Center. The feasibility study wil be provided within ten (10) calendar days from date of receipt of a complete Application. The ICDF Collocation Application shall include a CLEC-provided eighteen (18) month forecast of demand, by DSO, DS1 and DS3 capacities, that wil be terminated on the Interconnection Distribution Frame by Qwest on behalf of CLEC. Such forecasts shall be used by Qwest to determine the sizing of required tie cables and the terminations on each Interconnection Distribution Frame as well as the various other frames within the Qwest Wire Center. 8.4.4.1.1 If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar days after being advised of Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for lHIXO Idaho/CDS.020124-0083 -113 - Section 8 Collocation the deficiencies. 8.4.4.2 Quotation ..- If space is available, Qwest wil develop a quote for the supporting structure. Qwest wil complete the quotation no later than twenty-five (25) calendar days of providing the feasibility study. ICDF Collocation price quotes wil be honored for thirty (30) calendar days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.4.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.1.6, space wil be reserved and construction by Qwest wil begin. 8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two (2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7 and 2) whether CLEC provides its Acceptance within seven (7) calendar days of the quotation. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervls. 8.4.4.4.1 Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixt (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days of receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within fort-five (45) calendar days of the receipt of the complete Collocation Application. 8.4.4.4.2 Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixt (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirt (30) calendar days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within fort-five (45) calendar days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) days after receipt of the Qwest quotation, the Application shall be resubmited by CLEC. 8.4.4.4.3 Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixt (60) calendar days prior tosubmission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Application. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Qwest must request a waiver from the Commission. 8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixt (60) calendar days prior to submission of the Application and if CLEC provides a complete Acceptance. more Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -114- Section 8 Collocation than eight (8) calendar days but less than thirt (30) calendar days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Acceptance. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Qwest must request a waiver from the Commission. 8.4.5 Ordering - Adjacent Collocation 8.4.5.1 If space for Physical Collocation in a particular Qwest Premises is not available at the time of CLEC's request, CLEC may request Qwest to conduct a feasibility study for Adjacent Collocation for that Premises site. Qwest recommends that Qwest and CLEC conduct a joint site visit of such Premises to determine if suitable arrangements can be provided on Qwests propert. Owest wil make available, within ten (10) business days, drawings of the Qwest physical structures above and below ground for the requested Adjacent Collocation site. 8.4.5.2 If a new structure is to be constructed, the interval shall be developed on an Individual Case Basis, to account for the granting of permits or ROW, if required, the provision of Collocation services by Qwest, in accordance with CLEC's. Application; and the construction by CLEC of the adjacent structure. If CLEC disputes the interval proposed by Owest, Qwest must promptly petition the Commission for approval of such disputed intervaL. 8.4.5.3 If Adjacent Collocation is provided within an existing Qwest Premises, the ordering procedures and intervals for Physical Collocation shall apply. 8.4.6 Ordering - Remote Collocation and Adjacent Remote Collocation 8.4.6.1 The ordering procedures and intervals for Physical Collocation or Virtual Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4. Remote Collocation and Adjacent Remote Collocation are ordered using the Remote Collocation Application Form. 8.4.6.2 If space for Physical Collocation or Virtual Collocation in a particular Qwest Remote Premises is not available at the time of CLEC's request, CLEC may order Adjacent Remote Collocation using the ordering procedures described above for Adjacent Collocation in Sections 8.45.1 and 8.4.5.2. 8.4.7 Ordering - CLEC to CLEC Connections 8.4.7.1 Application -- Upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.1.5 (Subsections a, e, hand j). Qwest wil perform a feasibility study to determine if adequate cable racking can be found for the placement of CLEC's copper, coax, or fiber optic cable, or any other Technically Feasible method used to interconnec CLEC's collocated equipment that is in separate locations in the same Qwest Premises, or to another CLEC's equipment in the same Premises. The feasibilty study wil be provided within ten (10) calendar days Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 115- Section 8 Collocation from date of receipt of a complete Application 8.4.7.1.1 If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar days after being advised of the deficiencies. 8.4.7.2 Quotation -- If existing cable racking is available, Qwest wil provide CLEC with a quote and the specific cable rack route to CLEC with the feasibilit study. If additional cable racking is required to accommodate CLEC's request, Qwest shall provide a feasibility and quote to CLEC no later than ten (10) calendar days of receipt of Collocation Application. CLEC-to-CLEC Connection quotes wil be honored for thirt (30) calendar days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.7.3 Acceptance -- There are two forms of Acceptance for CLEC-to-CLEC Connections: 8.4.7.3.1 CLEC-to-CLEC connections with existing cable rack. - CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its Acceptance. Upon receipt of a complete Collocation Acceptance, CLEC may begin placement of it copper, coax, or fiber cables along the Qwest designated cable rack route. Recurring charges wil begin with CLEC Acceptance. 8.4.7.3.2 CLEC-to-CLEC Connections using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 8.4.1.6, Qwest wil begin construction of the new cable rack. 8.4.7.4 Interval - Pursuant to Section 8.4.7.3.2, the construction interval for CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall be within sixty (60) calendar days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirt (30) calendar days after receipt of the Qwest quotation, the Application shall be resubmitted by CLEC. 8.4.8 Ordering - Direc Connections 8.48.1 Application - Where Direct Connection is requested in a Wire Center where CLEC already has established Collocation, upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.1.5 (Subsections a, e, hand j), Qwest wil perform a feasibility study to determine if adequate cable racking can be found for the placement of copper, coax, or fiber optic cable, or any other Technically Feasible method, used for Direct Connection (as described in Section 8.3.1.11.2. The feasibility study wil be provided within ten (10) calendar days from date of receipt of a complete Application. 8.4.8.1.1 If Qwest determines that the Application is not complete, Qwest shall notif CLEC of any deficiencies within ten (10) calendar days . of the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 116- Section 8 Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar days after being advised of the deficiencies. 8.4.8.2 Quotation - If existing cable racking is available, Qwest wil provide CLEC with a quote and the specific cable rack route with the feasibility study. If additional cable racking is required to accommodate CLEC's request, Qwest shall provide a quote to CLEC no later than ten (10) calendar days after receipt of a complete Collocation Application. Direct Connection quotes wil be honored for thirt (30). calendar days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.8.3 Acceptance - There are two (2) forms of Acceptance for Direct Connection: 8.4.8.3.1 Direct Connection with existing cable rack. - CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its acceptance notification. 8.4.8.3.2 Direct Connection using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 8.4.1.6, Qwest wil begin construction of the new cable rack. 8.4.8.4 Interval - The construction interval for Direct Connections shall be dependent upon whether the Direct Connection is .to the COSMICTM frame. requiring a MELDTM and or if new cable racking is required. 8.48.4.1 If CLEC provides a complete Acceptance within thirt (30) calendar days of receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Direct Connection above the DS-O level where no new cable racking is required within thirt (30) calendar days of the receipt of the complete Collocation Acceptance. If Direct Connection is required at the DSO level, to the COSMICTM, or if new cable racking needs to be installed, Qwest wil provision the direct trunking within sixt (60) calendar days of the receipt of thecornplete Collocation Acceptance. 8.5 Biling 8.5.1 Biling - All Collocation 8.5.1.1 Upon completion of the Collocation construction activities and payment of the remaining nonrecurring balance, Qwest wil provide CLEC a completion package that wil initiate the recurring Collocation charges. Once this completion package has been signed by CLEC and Qwest, and Qwest has received the final fif percent (50%) balance, Qwest wil activate CLEC transport services and/or UNEs or ancilary services coincident with completion of the Collocation. 8.5.1.2 In the event Qwest has completed all associated construction activities and CLEC has not completed its associated activities (e.g., delivering fiber to the C-POI, Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -117- Section 8 Collocation or providing the equipment cables for connecting to the Interconnection Distribution Frame), Qwest wil bil an adjusted amount of the remaining nonrecurring balance, close the job, and begin Billng .the monthly recurring rent charge. In those instances where the job is delayed due to CLEC not having its fiber to the POi, Qwest wil request the balance due minus the dollar amount specific to this work activity, and begin Billng the monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can request Qwest to return and complete the splicing activity at the rate reflected in this Agreement. In the case of missing equipment cables, CLEC wil be responsible for installng 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 wil be performed under the Maintenance and Repair process contained herein. . 8.5.2 Biling - Virtual Collocation 8.5.2.1 Virtual Collocation wil be considered complete when the Premises is Ready for Service (RFS). Cooperative testing between CLEC and Qwest may be negotiated and performed to ensure continuity and acceptable transmission parameters in the facilty and equipment. 8.5.3 Billng - Caged and Cageless Physical Collocation 8.5.3.1 Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remaining nonrecurring charges, Qwest wil schedule a walk through of the space with CLEC. During this joint walk through, Qwest wil turn over access to the space and provide security access to the Premises. Upon completion of the Acceptance walk through, CLEC wil be provided the Caged or Cageless Physical Collocation completion package (Le. all ordering information), The monthly Biling for leased space, DC Power, Entrance Facility, and other associated monthly charges wil commence with CLEC sign off on the completion of the physical space. CLEC may then proceed with the installation of its equipment in the Collocation space, unless early access has been arranged pursuant to Section 8.2.3.7. If Qwest, despite its best efforts, including notification through the contact number on the Collocation Application, is unable to schedule the walk through with CLEC within twenty-one (21) calendar days of the RFS, Qwest shall activate the monthly recurring charges. 8.6 Maintenance and Repair 8.6.1 Virtual Collocation 8.6.1.1 Maintenance Labor, Inspector 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. 8.6.1.2 Installation and maintenance of CLEC's virtually collocated equipment wil be performed by Qwest or a Qwest authorized vendor. 8.6.1.3 Upon failure of CLEC's virtually collocated equipment, Qwestwill promptly notify CLEC of such failure and the corrective action that is needed. Qwest will Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -118- Section 8 Collocation 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 Owest. CLEC is responsible for transportation and delivery of maintenance spares to Owest at the Premises housing the failed equipment. CLEC is responsible for purchasing and maintaining a supply of spares. 8.6.2 Physical Collocation 8.6.2.1 CLEC is responsible for the Maintenance and Repair of its equipment located within CLEC's leased space. 8.6.3 Interconnection Distribution Frame 8.6.3.1 CLEC is responsible for block and jumper inventory and maintenance at the Interconnection Distribution Frame and using industry accepted practices for its terminations. Additionally, CLEC is responsible for having jumper wire and tools for such operations. Owest is responsible for the overall repair and maintenance of the frame; including horizontal and vertical mounting positions, cable raceways, rings, and troughs, and general housekeeping of the frame. 8.6.4 Adjacent Collocation and Adjacent Remote Collocation 8.6.4.1 CLEC is responsible for the Maintenance and Repair of its equipment located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space. 8.6.5 Reserved for Future Use. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 - 119- Section 9 Unbundled Network Elements SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS 9.1 General Terms 9.1.1 Changes in law, regulations or other "Existing Rules" relating to Unbundled Network Elements (UNEs), including additions and deletions of elements Owest is required to unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement by amendment pursuant to Section 2.2. CLEC and Owest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws, the Bona Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that Owest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act and other Applicable Laws. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC or the state Commission. 9.1.2 Owest shall provide non-discriminatory access to Unbundled Network Elements. on rates, terms and conditions that are non-discriminatory, just and reasonable. The qualit of an Unbundled Network Element Owest provides, as well as the access provided to that element, wil be equal between all Carriers requesting access to that element; second, where Technically Feasible, the access and Unbundled Network Element provided by Owest wil be provided in "substantially the same time and mannet' to that which Qwest provides to itself or to its Affilates. In those situations where Qwest does not provide access to . Network Elements to itself, Owest wil provide access in a manner that provides CLEe with a meaningful opportunity to compete. For the period of time Owest provides access to CLEC to an Unbundled Network Element, CLEC shall have exclusive use of the Network Element, except when the provisions herein indicate that a Network Element wil be shared (such as Shared Transport). Notwithstanding the foregoing, Owest shall provide access and UNEs at the service performance levels set forth in Section 20. Notwithstanding specific language in other sections of this Agreement, all provisions of this Agreement regarding Unbundled Network Elements are subject to this requirement. In addition, Owest shall comply with all state wholesale service quality requirements. 9.1.2.1 If facilities are not available, Owest wil build facilties dedicated to an End User Customer if Owest would be legally obligated to build such facilties 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 Locl Exchange Service.CLEC wil be responsible for any construction charges for which an End User Customer would be responsible. In other situations, Owest does not agree that it is obligated to build UNEs, but it wil consider requests to build UNEs pursuant to Section 9.19 of this Agreement. 9.1.2.1.1 Upon receipt of an LSR or ASR, Owest wil 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. If available facilities are not readily identified through the normal assignment process, but facilties can be made ready by the requested Due Date, CLEC wil not receive an additional FOC, and the order Due Date wil not be changed. 9.1.2.1.2 If cable capacity is available, Owest wil complete incremental facilit work (Le., conditioning, place a drop, add a network interface device, card existing subscriber Loop carrier systems at the Central Ofice and remote Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 -120- Section 9 Unbundled Network Elements terminal, add Central Ofice tie pairs, add field cross jumpers) in order to complete facilities to the Customer Premises. 9.1.2.1.3 During the normal assignment process, if no available facilties are identified for the UNE requested, Qwest wil look for existing engineering job orders that could fil the request in the future. If an engineering job currently exists, Qwest wil add ClEC's request to that engineering job and send ClEC a jeopardy notice. Upon completion of the engineering job, Qwest will send ClEC another FOC with a new Due Date. If facilities are not available and no engineering job exists that could fil the request in the future, Qwest wil treat ClECs request as follows: 9.1.2.1.3.1 For UNEs that meet the requirements set forth in Section 9.1.2.1, ClEC wil receive a jeopardy notice. Qwest Will initiate an engineering job order for delivery of primary service to the End User Customer. When the engineering job is completed, ClEC wil receive another FOC identifing a new Due Date when the loop wil be ready for installation. Upon receipt of the second FOC, ClEC can request a different Due Date by submitting a SUP to change the Due Date to a later date. 9.1.2.1.3.2 For UNEs that do not meet the requirements in Section 9.1.2.1, Qwest wil send ClEC a rejection notice canceling the lSR or ASR. Upon receipt of the rejection notice, ClEC may submit a request to build UNEs pursuant to Section 9.19 of this Agreement. 9.1.2.1.4 Qwest wil provide ClEC notification of major loop facilit builds through the ICONN database. This notification shall include the identification 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.g., Distribution Area for copper distribution, route number for copper feeder, and termination ClLl codes for fiber). ClEC acknowledges that Qwest does not warrant or guarantee the estimated Ready for Service Dates. ClEC also acknowledges that funded Qwest outside plant engineering jobs may be modified or cancelled at any time. 9.1.3 Reserved for Future Use. 9.1.4 Qwest wil provide a connection between Unbundled Network Elements and a loop Demarcation Point. Such connecion is an Interconnection Tie Pair (ITP). An ITP is required for each Unbundled Network Element or ancilary service delivered to ClEC. The ITP provides the connection between the Unbundled Network Element and the ICDF or other Central Ofice Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are contained in Exhibit A. ClEC may order regeneration along with an ITP, and the charges listed in Exhibit A wil apply. The ITP may be ordered per termination. The Demarcation Point shall be: a) at ClEC-provided cross-connection equipment located in ClEC's Virtual or Physical Collocation Space; or b) if ClEC elecs to use ICDF Collocation, at the Interconnection Distribution Frame Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LH/XO Idaho/CDS-020124-0083 -121 - Section 9 Unbundled Network Elements (ICDF);or c) if CLEC elects to use an ICDF in association with Virtual or Physical Collocation, at the ICDF;or d) if CLEC elects to use a direct connection from its Collocation space to the distribution frame serving a particular element, at the distribution frame; or e) at another Central Ofice Demarcation Point mutually-agreed to by the Parties. 9.1.5 CLEC may connect Network Elements in any Technically Feasible manner. Qwest wil provide CLEC with the same features, functions and capabilties of a particular element. or combinations of elements that Qwest provides to itself. . Qwest wil provide CLEC with all of the . features and functionalitiesof 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 CLEC), so that CLEC can provide any Telecommunications Services that can be offered by means of such element or combination of elements. Qwest wil provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such elements to provide any Telecommunications Services. Qwest shall not in any way restrict CLECs 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 CLEC) except as Qwest may be expressly permitted or required by Existing Rules. 9.1.6 Except as set forth in Section 9.23, the UNE Combinations Section, Qwest provides UNEs on an individuai element basis. Charges, if any, for testing pursuant to this paragraph are contained in Exhibit A to this Agreement. 9.1.6.1. When elements are provisioned by Qwest on an individual element basis (whether or not such elements are combined by CLEC with other elements provided by Qwest or CLEC): a) Qwest wil perform testing necessary or reasonably requested by CLEC, to determine that such UNE is capable of meeting the technical parameters established for each UNE. b) Qwest wil repair and maintain such element to ensure that. UNE continues to meet the technical parameters established for each UNE. CLEC is responsible for the end-to-end transmission and circuit functionalit testing for UNE Combinations created by CLEC. c) Qwest will cooperate with CLEC in any Technically Feasible testing necessary or reasonably requested by CLEC to assist. in determining end-to-end transmission and circuit functionality of such UNE. 9.1.6.2.When elements are provisioned by Qwest in combination: a) Qwest wil perform testing necessary or reasonably requested by CLEC to determine that such combination and each UNE included in such combination is capable of meeting the technical parameters of the combination. b) Qwest wil repair and maintain such combination and each UNE Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXQ Idaho/CDS-020124-0083 -122- Section 9 Unbundled Network Elements included in such combination to ensure that such UNE continues to meet the technical parameters of the combination. c) Owest wil cooperate with CLEC in any Technically Feasible testing necessary or reasonably requested by CLEC to determine end-to-end transmission and circuit functionality of such combination. 9.1.7 Installation intervals for Unbundled Network Elements are contained in Exhibit C. 9,1.8 Maintenance and repair is described herein. The repair center contact telephone numbers are provided in the PCAT, which is located on the Owest Web site. 9.1.9 In order to maintain and modernize the network properly, Owest 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 CLEC. Owest shall provide advance notice of changes that affect network Interoperability pursuant to applicable FCC rules. Changes that affect network Interoperability 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. Owest provides such disclosures on an Internet web site. 9.1.10 Channel Regeneration Charge. This charge is required when the distance from the Owest network to the leased physical space (for Physical Collocation), the collocated equipment (for Virtual Collocation), or the ICDF (for ICDF Collocation) is of sufficient length to require regeneration. Cable distance limitations are based on ANSI Standard T1.102-1993 "Digital Hierarchy - Electrical Interface; Annex B." Channel Regeneration Charges shall not apply if Owest fails to make available to CLEC: (a) a requested, available location at which regeneration would not be necessary or (b) Collocation space that would have been available and sufficient but for its reservation for the future use of Owest. 9.1.11 Exhibit A of this Agreement contains the rates for Unbundled Network Elements. 9.1.12 Miscellaneous Charges are defined in the Definitions Section. Miscellaneous Charges are in addition to nonrecurring and recurring charges set forth in Exhibit A. Miscellaneous Charges apply to activities CLEC requests Owest perform, activities CLEC authorizes, or charges that are a result of CLECs actions, such as cancellation charges. Rates for Miscellaneous Charges are contained in Exhibit A. Unless otherwise provided for in this Agreement, no additional charges wil apply. 9.2 Unbundled Loops 9.2.1 Description The Local Loop Network Element is defined as a transmission facilit between a distribution frame (or its equivalent) in an incumbent LEC Central Ofice and the Loop Demarcation Point at an End User premises. The Local Loop Network Element includes all features, functions, and capabilities of such transmission facilty. Those features, functions, and capabilties include, but are not limited to, Dark Fiber, attached electronics (except those electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access Multiplexers), and line conditioning. The Local Loop includes, but is not limited to, DSO, DS1, DS3, fiber, and other Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -123- Section 9 Unbundled Network Elements high capacity Loops. 9.2.1.1 "Loop Demarcation Point" - is defined for purposes of this section as the point where Qwest owned or controlled facilities cease, and CLEC, End User, owner or landlord ownership of facilities begins. 9.2.2 Terms and Conditions 9.2.2.1 Qwest shall provide CLEC, on a non-discriminatory basis, Unbundled Loops, (unbundled from local switching and transport) of substantially the same qualit as the Loop that Qwest uses to provide service to its own End Users. For Unbundled Loops that have a retail analog, Qwest wil provide these Unbundled Loops in substantially the same time and manner as Qwest provides to its own End Users. Unbundled Loops shall be provisioned in accordance with Exhibit C and the performance metrics set forth in Section 20 and with a minimum of service disruption. 9.2.2.1 .1 Use of the word "capable" to describe Loops in Section 9.2 means that Qwest assures that the Loop meets the technical standards associated with the specified Network ChanneVNetwork Channel Interface codes, as contained in the relevant technical publications and industry standards. 9.2.2.1.2 Use of the word "compatible" to describe Loops in Section 9.2 means the Unbundled Loop complies with technical parameters of the specified Network ChanneVNetwork Channel Interface codes as specified in the relevant technical publications and industry standards. Qwest makes no assumptions as to the capabilties of CLEC's Central Ofice equipment or the Customer Premises Equipment. 9.2.2.2 Analog (Voice Grade) Unbundled Loops. Analog (voice grade) Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point configuration suitable for local exchange tye services. For the two-wire configuration, CLEC must specif the signaling option. The actual Loop facilities may utilize various technologies or combinations of technologies. 9.2.2.2.1 If Qwest uses Integrated Digital Loop Carrier (IDLC) systems to provide the Local Loop, Qwest wil first attempt, to the extent possible, to make alternate arrangements such as Line and Station Transfers (LST) , to permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not available, Qwest may also seek alternatives such as Integrated Network Access (INA), hair pinning, or placement of a Central Ofice terminal, to permit CLEC to obtain an Unbundled Loop. If no such facilities are available, Qwest wil make every feasible effort to unbundle the IDLC in order to provide the Unbundled Loop for CLEC. 9.2.2.2.1.1 In areas where Qwest has deployed amounts of IDLC that are sufficient to cause reasonable concern about a CLEC's abilit to provide service through available copper facilties on a broad scale, CLEC shall have the abilty to gain access to Qwest information suficient to provide CLEC with a reasonably complete identification of such available copper facilities. Qwest shall be entitled to mediate access in a manner reasonably related to the need to . protect confidential or Proprietary Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -124- Section 9 Unbundled Network Elements Information. CLEC shall be responsible for Owests incremental costs to provide such information or access mediation. 9.2.2.2.2 If there are state service quality rules in effect at the time CLEC requests an Analog Unbundled Loop. Owest wiU provide an Analog Unbundled Loop that meets the state technical standards. If necessary to meet the state standards, Owest wil, at no cost to CLEC, remove load coils and Bridged Taps from the Loop in accordance with the requirements of the specific technical standard. 9.2.2.3 Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI) ISDN Capable Loops, 2/4 Wire Non-Loaded Loops, ADSL Compatible Loops and xDSL-1 Capable Loops. Unbundled digital Loops are transmission paths capable of carrying specifically formatted and line coded digital signals. Unbundled digital Loops may be provided using a variety of transmission technologies including, but not limited to, metallc wire, metallc wire based digital Loop carrier, and fiber optic fed digital carrier systems. Owest wil provision digital Loops in a non-discriminatory manner, using the same facilities assignment processes that Owest uses for itself to provide the requisite service. Digital Loops may use a single or multiple transmission technologies. DC continuity does not apply to digital capable Loops. If conditioning is required, then CLEC shall be charged for such conditioning as set forth in Exhibit A if it authorized Owest to perform such conditioning. 9.2.2.3.1 Owest shall provide fiber and other high capacity Loops. including but not limited to OC3, OC12, OC48 and OC192 Loops. With the exception of the digital Loops identified in Section 9.2.2.3, Owest shall provide unbundled fiber and high capacity Loops to CLEC(s) where facilities are available and existing on an ICB basis. Owest wil provision fiber and other high capacit Loops in a non-discriminatory manner, using the same facilities assignment processes that Owest uses for itself to provide the requisite service. DC continuity does not apply to fiber and other high capacit Loops provided under this Section. Owest shall allow CLEC to accss these high capacity Loops at accessible terminals including DSXs, FOPs or equivalent in the Central Office, Customer premises, or at Owest owned outside plant structures (e.g., CEVs, RTs or huts) as defined in Section 9.3.1.1. Nonrecurring and recurring charges shall apply for fiber and other high capacit Loops provided under this Section as set forth in Exhibit A. 9.2.2.3.2 If CLEC orders a 2/4 wire non-loaded or ADSL compatible Unbundled Loop for a Customer served by a digital Loop carrier system Owest wil conduct an assignment process which considers the potential for a LST or alternative copper facilty. If no copper facilty capable of supporting the requested service is available, then Owest wil reject the order. 9.2.2.4 Non-Loaded Loops. CLEC may request that Owest provide a non-loaded Unbundled Loop. In the event that no such facilities are available, CLEC may request that Owest condition existing spare facilities. CLEC may indicate on the LSR that it pre- approves conditioning if conditioning is necessary. If CLEC has not pre-approved conditioning, Owest wil obtain CLEC's consent prior to undertaking any conditioning efforts. Upon CLEC pre-approval or approval of conditioning, and only if conditioning is necessary, Owest wil dispatch a technician to condition the Loop by removing load coils Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -125- Section 9 Unbundled Network Elements and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC wil be charged the nonrecurring conditioning charge (i.e., cable unloading and Bridged Taps removal), if applicable, in addition to the Unbundled Loop installation nonrecurring charge. 9.2.2.4.1 Where Qwest fails to meet a Due Date for performing Loop conditioning, CLEC shall be entitled to a credit equal to the amount of any conditioning charges applied, where it does not secure the Unbundled Loop involved within three (3) months of such Due Date. Where Qwest does not perform conditioning in accord with the standards applicable under this SGAT, CLEC shall be entitled to a credit of one-half of the conditioning charges made, unless CLEC can demonstrate that the Loop as conditioned is incapable of substantially performing the functions normally within the parameters applicable to such Loop as this SGAT requires Qwest to deliver it to CLEC.ln the case of such fundamental failure, CLEC shall be entitled to a credit of all conditioning charges, except where CLEC asks Qwest to cure any defect and Qwest does so. In the case of such cure, CLEC shall be entitled to the one-half (1/2) credit identified above. 9.2.2.5 When CLEC requests a Basic Rate ISDN capable or anxDSL-1 capable Loop, Qwest wil dispatch a technician, if necessary, to provide Extension Technology that takes into account for example: the additional regenerator placement, Central Ofice powering, Mid-Span repeaters, if required, BRITE cards in order to provision the Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be required in order to bring the circuit to the specifications necessary to accommodate the requested service. If the Circuit Design requires Extension Technology, to bring it up to the design standards, it wil be added by Qwest, at no charge. Extension Technology can also be requested by CLEC to meet their specific needs. If Extension Technology is requested by CLEC, but is not required to meet the technical standards, then Qwest wil provide the requested Extension Technology and wil charge CLEC. Qwest will provision ISDN (BRI) Capable and xDSL-1 capable Loops using the specifications in the Technical Publication 77384. Refer to that document for more information. CLEC wil be charged an Extension Technology recurring charge in addition to the Unbundled Loop recurring charge, if applicable, as specified in Exhibit A of this Agreement. The ISDN Capable Loop may also require conditioning (e.g., removal of load coils or Bridged Taps). 9.2.2.6 For DS1 or DS3 capable Loops, Qwest wil provide the necessary electronics at both ends, including any intermediate repeaters. In addition, CLEC wil have access to these terminations for testing purposes. 9.2.2.6.1 DS-1 capable Loops provide a transmission path between a Central Ofice network interface at a DS-1 panel or equivalent in a Qwest serving Central Ofice and the network interface at the End User location. DS-1 capable Loops transport bi-directional DS-1 signals with a nominal transmission rate of 1.544 Mbitls. DS-1 capable Loops shall meet the design requirements specified in Technical Publication 77375 (Unbundled Loops) and 77375 (DS1). 9.2.2.6.2 DS3 capable Loops provide a transmission path between a Qwest Central Ofice network interface and an equivalent network interface at an End User location. DS3 capable Loops transport bi-directional DS3 signals with a nominal transmission rate of 44.736 Mbits. DS3 capable Loops shall meet the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -126- Section 9 Unbundled Network Elements design requirements specified in Technical Publications 77384 (Unbundled Loop) and 77324 (DS-3). 9.2.2.7 Qwest is not obligated to provision BRI-ISDN, xDSL-I, DS1, or DS3 capable or ADSL compatible Loops to End User Customers in areas served exclusively by Loop facilties or transmission equipment that are not compatible with the requested service. 9.2.2.8 Loop Qualification Tools. Qwest offers five (5) Loop qualification tools: the ADSL Loop Qualification Tool, Raw Loop Data Tool, POTS Conversion to Unbundled Loop Tool, MegaBit Qualification Tool, and ISDN Qualification TooL. These and any future Loop qualification tools Qwest develops wil provide CLEC access to Loop qualification information in a nondiscriminatory manner and wil provide CLEC the same Loop qualification information available to Qwest. 9.2.2.8.1 ADSL Loop Qualification TooL. CLEC may use the ADSL Loop Qualification tool to pre-qualify the requested circuit utilzing the existing telephone number or address to determine whether it meets ADSL specifications. The qualification process screens the circuit for compliance with the design requirements specified in Technical Publication 77384. 9.2.2.8.2 Raw Loop Data Tools. Qwest offers two (2) types of Raw Loop Data TooL. If CLEC has a digital certificate, CLEC may access the Wire Center Raw Loop Data Tool via ww.ecom.qwest.com. The Wire Center Raw Loop Data Tool provides CLEC the following information: Wire Center CLLJ code, cable name, pair name, terminal address, ML T distance, segment (F1, F2), sub- segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by segment, Bridged Taps offset distance, load coil tye, and pair gain type. CLEC may also access the IMA Raw Loop Data Tool for Loop specific information. . The IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This tool provides CLEC the following information: Wire Center CLLI code, cable name, pair name, terminal address, ML T distance, segment (F1, F2), sub- segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by segment, Bridged Taps offset distance, load coil type, number of loads, and pair gain type. 9.2.2.8.3 POTS Conversion to Unbundled Loop TooL. The POTS Conversion to Unbundled Loop Tool is available to CLECs through IMA-GUI or IMA-EDI. This tool informs CLEC whether the facilty is copper or pair gain and whether there are loads on the Loop. 9.2.2.8.4 MegaBit Qualification TooL. The MegaBit Qualification Tool is available to CLECs through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer regarding the Loop's ability to support Qwest DSL (formerly MegaBit) service. If the MegaBit Qualification Tool returns a "no" answer, it provides a brief explanation. 9.2.2.8.5 ISDN Qualification TooL. The ISDN Qualification Tool is available to CLECs through IMA-GUI or IMA-EDI. This tool permits CLEC to view information on multiple lines and wil inform CLEC of the number of lines found. If an ISDN capable Loop is found, the tool identifies the facilty and, if applicable, Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-oo83 -127- Section 9 Unbundled Network Elements pair gain. 9.2.2.9 Provisioning Options. Six (6) Provisioning options are available for Unbundled Loop elements. Charges for these Provisioning options vary depending on the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing parameters are described below and in Qwest Technical Publication 77384. 9.2.2.9.1 Basic Installation. Basic Installation may be ordered for new or existing Unbundled Loops. Upon completion, Qwest wil call CLEC to notify CLEC that the Qwest work has been completed. 9.2.2.9.1.1 For an existing End User, the Basic Installation option is a "lift and lay" procedure. The Central Ofice Technician (COT) "lifs" the Loop from its current termination and "lays" it on a new termination connecting to CLEC. There is no associated circuit testing performed. 9.2.2.9.1.2 For new End User service, the Basic Installation option involves the COT and Field Technician (CST/NT) completing circuit wiring and performing the required performance tests to ensure the new circuit meets the required parameter limits. The test results are NOT provided to CLEC. 9.2.2.9.1.3 For basic installation of existing 2/4 wire analog Loops, Qwest provides a Quick Loop with or without Local Number Portabilty (LNP) option, that enables CLEC to receive the Quick Loop installation interval as set forth in Exhibit C. Quick Loop installation without LNP includes only a simple lif and lay procedure. Quick Loop with LNP installation provides a lift and lay, and the LNP functions. Quick Loop is not available with cooperative testing, coordinated installation, or when unbundling from an IDLC to a copper alternative. 9.2.2.9.2 Basic Installation with Performance Testing. Basic Installation with Performance Testing may be ordered for new or existing Unbundled Loops. 9.2.2.9.2.1 For an existing End User, Basic Installation with Performance Testing is a "lif and lay" procedure. The Central Ofice Technician (COT) "lifs" the Loop from its current termination and "lays" it on a new termination connecting CLEC. The COT and ImplementorfTester perform the required performance tests to ensure that the new circuit meets required parameter limits. 9.2.2.9.2.2 The Qwest ImplementorfTester wil read the test results to CLEC on close-out and email the performance test results within two (2) business days to a single, designated CLEC office email address. 9.2.2.9.2.3 For new End User service, the Basic Installation with Performance Testing option requires a dispatch to the End User premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure the new circuit meets the required parameter limits. These test results are read to CLEC by the Qwest ImplementorfTester on close-out. Within two (2) business days, Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -128- Section 9 Unbundled Network Elements Owest wil email the performance test results to a single, designated CLEC office email address. 9.2.2.9.3 Coordinated Installation with Cooperative Testing. Coordinated installation with cooperative testing may be ordered for new or existing service. For both new and existing service, CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DO), at the CLEC designated "Appointment Time", the Owest ImplementorfTester contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirt (30) minutes of the scheduled appointment time, then CLEC must reschedule the installation by submitting a supplemental LSR for a new Due Date and appointment time. If Owest is not ready within thirt (30) minutes of the scheduled appointment time, Owest wil waive the nonrecurring charge for the installation option, and the Parties wil attempt to set a new appointment for the same day. If Owest fails to perform cooperative testing due to Owests fault, Owest wil waive the nonrecurring charge for the installation option. If CLEC stil desires cooperative testing, the Parties wil attempt to set a new appointment time on the same day and, if unable to do so, Owest wil issue a jeopardy notice and a FOC with a new Due Date. 9.2.2.9.3.1 For an existing End User, Coordinated Installation with Cooperative Testing is a "lif and lay" procedure with cooperative testing. The COT completes the installation in the Central Ofice and performs testing that CLEC requests. Upon completion of Owest performance testing, the Owest ImplementorfTester wil contact CLEC, read the Owest test results, and begin CLEC cooperative testing. Within two (2). business days, Owest wil email the Owest test results to a single, designated CLEC office email address. CLEC wil be charged for any Provisioning test CLEC requests that is not defined in the Owest Technical Publication 77384. 9.2.2.9.3.2 For new End User service, Coordinated Installation with Cooperative Testing may require a dispatch of a technician to the End User premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure that the new circuit meets required parameter limits. Upon completion of Owest performance testing, the Owest ImplementorfTester wil contact CLEC, read the Owest test results, and begin CLEC cooperative testing. Within two (2) business days, Owest wil email the Owest test results to a single, designated CLEC office email address. CLEC wil be charged for any Provisioning test not defined in the Owest Technical Publication 77384. 9.2.2.9.4 Coordinated Installation without Cooperative Testing. Coordinated Installation without Cooperative Testing may be ordered for new or existing service. For both new and existing service, CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DO), at the CLEC designated "Appointment Time", the Owest ImplementorfTester contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of the scheduled appointment time, then CLEC must reschedule the installation by submiting a supplemental LSR. If Owest is not Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -129- Section 9 Unbundled Network Elements ready within thirt (30) minutes of the scheduled appointment time, Owest wil waive the nonrecurring charge for the installation option and the Parties wil attempt to set a new appointment time on the same day and, if unable to do so, Owest will issue a jeopardy notice and a FOC with a new Due Date. 9.2.2.9.4.1 For an existing Unbundled Loop this Coordinated Installation without Cooperative Testing is a "lif and lay" procedure without a dispatch, that offers CLEC the ability to coordinate the conversion activit. The Owest Implementor advises CLEC when the "lift and lay" procedure is complete. 9.2.2.9.4.2 For new Unbundled Loops, Owest may dispatch a technician to terminate the new circuit at the End User premises. The Field Technician wil not remain on the premises to perform the coordinated installation once the circuit is in place. The COT completes the installation in the Central Ofice, and the COT and Implementor/Tester complete the required performance tests to ensure that the new circuit meets required parameter limits. CLEC wil not receive test results. When installation is complete, Owest wil notify CLEC. 9.2.2.9.5 Basic Installation with Cooperative Testing. Basic Installation with Cooperative Testing may be ordered for new or existing Unbundled Loops. 9.2.2.9.5.1 For an existing End User, Basic Installation with Cooperative Testing is a "lif and lay" procedure with Cooperative Testing on the Due Date. The COT "lifs" the Loop from its current termination and "lays" it on a new termination connecting to CLEC. Upon completion of Owest performance testing, the Owest Implementor/Tester wil contact CLEC, read the Owest test results, and begin CLEC cooperative testing. Within two (2) business days, Owest wil email the Owest test results to a single, designated CLEC office email address. CLEC and Owest wil perform a Loop back acceptance test, accept the Loop and exchange demarcation information. 9.2.2.9.5.2 For new End User service, Basic Installation with Cooperative Testing may require a dispatch to the End User premises. The COT and Field Technician complete circuit wiring and perform .the required performance tests to ensure the new circuit meets the required parameter limits. 9.2.2.9.5.3 If Owest fails to perform cooperative testing due to Owests fault, Owest wil waive the nonrecurring charge for the installation option. If CLEC stil desires cooperative testing, the Parties wil attempt to set a new appointment time on the same day and, if unable to do so, Owest wil issue a jeopardy notice and a FOC with a new Due Date. 9.2.2.9.6 Performance Testing. Owest performs the following performance tests for various Loop types: 2-Wire and 4-Wire Analog Loops Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -130- Section 9 Unbundled Network Elements No Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = 0 to -8.5 dB at 1004 Hz Automatic Number Identification (ANI) when dial-tone is present 2-Wire and 4-Wire Non-Loaded Loops No Load Coils, Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = 0 to -8.5 dB at 1004 Hz Automatic Number Identification (ANI) when dial-tone is present Basic Rate ISDN and xDSL-1 Capable Loops No Load Coils, Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = ~ 40 dB at 40 kHz Automatic Number Identification (ANI) when dial-tone is present DS-1 Capable Loops No Load Coils, Opens, Grounds, Shorts, or Foreign Volts DS-3 Capable Loops Continuity Testing ADSL Compatible Loops No Load Coils, Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = ~ 41 dB at 196 kHz Automatic Number Identification (ANI) when dial-tone is present 9.2.2.9.7 Project Coordinated Installation: A Project Coordinated Installation permits CLEC to obtain a coordinated installation for Unbundled Loops with or without LNP, where CLEC orders Unbundled DS1 Capable, Unbundled DS3 Capable or twenty-five (25) or more DSO Unbundled Loops. 9.2.2.9.7.1 The date and time for the Project Coordinated Installation requires up-front planning and may need to be negotiated between Qwest and CLEC. All requests wil be processed on a first come, first served basis and are subject to Qwests abilit to meet a reasonable demand. Considerations such as system down time, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same FDT in the same Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Qwest wil negotiate with CLEC for an agreed upon FDT, prior to issuing the Firm Order Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -131 - Section 9 Unbundled Network Elements Confirmation (FOC). In special cases where CLEC is ordering Unbundled Loop with LNP, the FDT must be agreed upon, the interval to reach agreement wil not exceed two (2) days from receipt of an accurate LSR. In addition, standard intervals wil apply. 9.2.2.9.7.2 CLEC shall request a Project Coordinated Installation by submitting a Local Service Request (LSR) and designating this order as a Project Coordinated Installation in the remarks section of the LSR form. 9.2.2.9.7.3 CLEC wil incur additional charges for the Project Coordinated Installation dependent upon the coordinated time. The rates are based upon whether the request is within Qwests normal business hours or Out Of Hours. Qwest normal business hours for Unbundled Loops are 8:00 a.m. to 5:00 p.m., Monday through Friday. The rates for coordinated installations are set forth in Exhibit A. Where LNP is included, see Section 10.2.5.4 for rate elements. 9.2.2.9.7.4 Qwest wil schedule the appropriate number of employees prior to the cut, normally not to exceed four employees, based upon information provided by CLEC. If the Projec Coordinated Installation includes LNP, CLEC wil also have appropriate personnel scheduled for the negotiated FDT. If CLEC's information is modified during the installation, and, as a result, non-scheduled employees are required, CLEC shall be charged a three (3) hour minimum callout charge per each additional non-scheduled employee. If the installation is either cancelled, or supplemented (supp) to change the Due Date, within twenty-four (24) hours of the negotiated FDT, CLEC wil be charged a one person three (3) hour minimum charge. For Project Coordinated Installations with LNP, if the Coordinated Installation is cancelled due to a Qwest error or a new Due Date is requested by Qwest, within twenty-four (24) hours of the negotiated FDT, Qwest may be charged by CLEC one person three (3) hour minimum charge as set forth in Exhibit A. 9.2.2.9.7.5 If CLEC orders Project Coordinated Installation with LNP and in the event the LNP conversion is not successful, CLEC and Qwest agree to isolate and fix the problem in a timeframe acceptable to CLEC or the Customer. If the problem cannot be corrected within an acceptable timeframe to CLEC or the Customer, CLEC may request the restoral of Qwest service for the ported Customer. Such restoration shall begin immediately upon request. If CLEC is in error then a supplemental order shall be provided to Qwest. If Qwest is in error, no supplemental order or additional order wil be required of CLEC. 9.2.2.9.7.6 If CLEC orders Project Coordinated Installation with LNP, Qwest shall ensure that any LNP order activit requested in conjunction with a Project Coordinated Installation shall be implemented in a manner that avoids interrupting service to the End User. 9.2.2.10 Multiplexing. Multiplexing is offered in DS3 to DS1 and DSI to DSO configurations. Except as specifically set forth in Section 9.2, CLEC may order multiplexing, including conversion from special access or private line circuits, for Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -132- Section 9 Unbundled Network Elements Unbundled Loops under the rates, terms and conditions for multiplexing of Enhanced Extended Loop (EEL), in Section 9.23.3.9 of this Agreement. The requirements with respect to providing a significant amount of local exchange traffic under Section 9.23.3.7 shall not apply to conversions to Unbundled Loop. 9.2.2.11 In order to properly maintain and modernize the network, Qwestmay make necessary modifications and changes to Unbundled Loops, ancilary and Finished Services in its network on an as needed basis. Such changes may result in minor changes to transmission parameters. Changes that affect network Interoperabilty require advance notice pursuant to the Notices Section of this Agreement. 9.2.2.12 If there is a conflict between an End User (or its respective agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops, Qwest wil advise the End User to contact CLEC, and Qwest wil initiate contact with CLEC. (a) Reserved for Future Use. (b) Reserved for Future Use. 9.2.2.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User up to and including the Loop Demarcation Point are the propert of Qwest.Qwest shall have reasonable access to all such facilities for network management purposes. Qwest wil coordinate entry dates and times with appropriate CLEC personnel to accommodate testing, inspection repair and maintenance of such facilities and lines. CLEC wil not inhibit Qwestsemployees and agents from entering said premises to test, inspect,repair and maintain such facilities and lines in connection with such purposes .or, upon termination or cancellation of the Unbundled Loop service, to remove such facilities and lines. Such entry is restricted to testing, inspection, repair and maintenance of Qwests propert in that facilty. Entry for any other purpose is subject to audit provisions in the Audit section of this Agreement. 9.2.2.14 Reserved for Future Use. 9.2.2.15 Reuse of Loop Facilities 9.2.2.15.1 When an End User contact Qwest with a request to convert their local service from CLEC to Qwest, Qwest wil notif CLEC of the loss of the End User, and wil disconnect the Loop Qwest provided to CLEC. Qwest wil disconnect the Loop only where Qwest has obtained proper Proof of Authorization. 9.2.2.15.2 When CLEC contacts Qwest with a request to convert an End User from their current CLEC (old CLEC) to them (new CLEC), new CLEC is responsible for notifying old CLEC of the conversion. Qwest wil disconnect the Loop Qwest provided old CLEC and, at new CLEC request, where technically compatible, wil reuse the Loop for the service requested by new CLEC (e.g., resale service). 9.2.2.15.3. When CLEC contacts Qwest with a request to convert an End User from Qwest to CLEC, at CLEC request, Qwest wil reuse the existing Loop facilities for the service requested by CLEC to the extent those facilities are Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -133- Section 9 Unbundled Network Elements technically compatible with the service to be provided. Upon CLEC request, Owest wil condition the existing Loop in accordance with the rates set forth in Exhibit A. 9.2.2.15.4 Upon completion of the disconnection of the Loop, Owest will send a Loss Notification report to the original competitive Carrier signifying completion of the loss. 9.2.3 Rate Elements The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A of this Agreement. Recurring charges vary based on CLEC selected installation options, conditioning, and extension technology. 9.2.3.1 2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates. 9.2.3.2 2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates. 9.2.3.3 DS1 and DS3 Capable Loop, OC3, OC12, OC48, OC192, Basic Rate (BRI) ISDN, ADSL Compatible Loop and xDSL-1 Capable Loop Recurring and Nonrecurring rates. 9.2.3.4 Extension Technology Recurring and Nonrecurring rates for Digital Capable Loops, including Basic Rate (BRI) ISDN and xDSL-1 Capable Loops. 9.2.3.5 Conditioning Nonrecurring rates 2/4 wire non-loaded Loops, Basic Rate (BRI) ISDN, ADSL Compatible Loop and xDSL-1 Capable Loop, as requested and approved by CLEC. 9.2.3.6 9.2.3.7 Miscellaneous Charges, as defined in Sections 4 and 9.1.12 may apply. Out of Hours Coordinated Installations. 9.2.3.7.1 For purposes of service installation, Owests installation hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. 9.2.3.7.2 Intentionally Left Blank. I ntentionally Left Blank. Intentionally Left Blank. 9.2.3.7.3 9.2.3.7.4 9.2.3.7.5 For coordinated installations scheduled to commence Out of Hours, or rescheduled by CLEe to commence Out of Hours, CLEC wil incur additional charges for the Out of Hours coordinated installation as set forth in Exhibit A. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -134- Section 9 Unbundled Network Elements 9.2.4 Ordering Process 9.2.4.1 Unbundled "Loops are ordered via an LSR. Ordering processes are contained in the Support Functions Section of this Agreement. Detailed ordering processes are found on the Owest wholesale website. 9.2.42 Prior to placing orders on behalf of the End User, CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization. 9.2.4.3 Based on the pre-order Loop make-up, CLEC can determine if the circuit can meet the technical parameters for the specific service CLEC intends to offer. 9.2.4.3.1 Before submiting an order for a 2/4 wire non-loaded Loop, ADSL compatible Loop, ISDN capable Loop or xDSL-1 capable Loop, CLEC should use one of Qwests Loop make-up tools available via IMA-EDI, IMA-GUI, or the web- based application interface to obtain specific information about the Loop CLEC seeks to order. 9.2.4.3.1.1 Based on the Loop make up information provided through Qwest tools, CLEC must determine whether conditioning is required to provide the xDSL service it intends to offer. If Loop conditioning is required, CLEC may authorize Qwest to perform such Loop conditioning on its LSR. If CLEC does not pre-approve Loop conditioning, Qwest wil assume that CLEC has determined that Loop conditioning is not necessary to provide the xDSL service CLEC seeks to offer. If CLEC or Qwest determines that conditioning is necessary, and CLEC authorizes Qwest to perform the conditioning, Qwest wil perform the conditioning. CLEC wil be charged for the conditioning in accordance with the rates in Exhibit A. If Qwest determines that conditioning is necessary and CLEC has not previously authorized Qwest to perform the conditioning on the LSR, Qwest wil send CLEC a rejection notice indicating the need to obtain approval for conditioning. The CLEC must submit a revised LSR before the conditioning work wil commence. Once Qwest receives the revised LSR, the fifeen (15) business day conditioning interval wil begin as described in Section 9.2.4.9. 9.2.4.3.1.2 For a 2/4 wire non-loaded Loop, ADSL compatible Loop, ISDN capable Loop or xDSL-1 capable Loop, Qwest wil return a Firm Order Confirmation (FOC) to CLEC within 72 hours from receipt of a.valid and accurate LSR. Return of such FOC wil indicate that Qwest has identified a Loop assignment. Such FOC wil provide CLEC with a firm Due Date commitment or indication that appropriate facilities are not available to fil CLEC's order. 9.2.4.3.1.2.1 If CLEC has pre-approved Loop conditioning, and conditioning is not necessary, Qwest wil return the FOC with the standard interval (Le. five (5) days). 9.2.4.3.1.2.2 If CLEC has not pre-approved Loop conditioning and Owest determines that the Loop contains load coils, Qwest wil notify CLEC via a reject notification. CLEC must submit and Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -135- Section 9 Unbundled Network Elements wait for a new version of the LSR approving Loop conditioning. In this scenario, the application date wil correspond to date the new version is received by Qwest. 9.2.4.3.1.2.3 Reserved for Future Use. 9.2.4.3.1.2.4 Reserved for Future Use. 9.2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C. The interval wil start when Qwest receives a complete and accurate LSR. The LSR date is considered the start of the service interval if the order is received prior to 7:00 p.m. For service requests received after 7:00 p.m., the service interval wil begin on the next business day. 9.2.4.4.1. When CLEC places an order for an Unbundled Loop with Qwest that is complete and accurate, Qwest wil reply to CLEC with a Firm Order Confirmation within the time specified in Section 20. The Firm Order Confirmation wil contain the Due Date that specifies the. date on which Qwest wil provision the Loop. Qwest wil implement adequate processes and procedures to assure the accuracy of the. commitment date. If Qwest must make changes to the commitment date, Qwest wil promptly issue a jeopardy notification to CLEC that wil clearly state. the reason for the change in commitment date. Qwest wil also submit a new Firm Order Confirmation that wil clearly identify the new Due Date. 9.2.4.5 Installation intervals for Unbundled Loops apply when Qwest has facilities or network capacity available. 9.2.4.6 Upon CLEC request, Qwest wil convert special access or private line circuits to Unbundled Loops, with or without multiplexing, provided the service originates at the CLEC Collocation in the Serving Wire Center. If multiplexing is not involved, then the Loop conversion ordering process applies. However, if the conversion includes multiplexing, then the ordering process associated with the conversion to EELs applies. The requirements with respect to providing a significant amount of local exchange traffic under Section 9.23.3.7 shall not apply to conversions to Unbundled Loop. 9.2.4.7 Reserved for Future Use. 9.2.4.8 When ordering Unbundled Loops, CLEC is responsible for obtaining or providing facilties and equipment that are compatible with the service CLEC seeks to provide. 9.2.4.9 the Loop. 9.2.4.9.1 When load coils and Bridged Taps do not exist, CLEC may request the standard Due Date interval, which wil apply upon submission of a complete and accurate LSR. The installation interval for xDSL Loops depends on the need to condition 9.2.4.9.2 When load coils and/or Bridged Taps do exist, CLEC wil request the minimum fifteen (15) business days Desired Due Date. CLECcan determine Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -136- Section 9 Unbundled Network Elements the existence of load coils or Bridged Taps by using one of the Loop make-up tools. CLEC may pre-approve line conditioning on the LSR and, by doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did not request the fifteen (15) day interval and Qwest determines that conditioning is required, then the fifeen (15) business day interval starts when the need for conditioning is identified and CLEC approves the conditioning charges. 9.2.4.10 Out of Hours Coordinated Installations. 9.2.4.10.1 For purposes of this Section, Qwests standard installation hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Installations requested outside of these hours are considered to be Out of Hours Installations. 9.2.4.10.2 CLEC may request an Out of Hours Coordinated Installation outside of Qwests standard installation hours. 9.2.4.10.3 To request Out of Hours Coordinated Installations, CLEC wil submit an LSR designating the desired appointment time. CLEC must specify an Out of Hours Coordinated Installation in the Remarks section of the LSR. 9.2.4.10.4 The date and time for Out of Hours Coordinated Installations may need to be negotiated between Qwest and CLEC because of system downtime, Switch upgrades, Switch maintenance, and the possibilty of other CLECs requesting the same appointment times in the same Switch (Switch contention). 9.2.5 Maintenance and Repair 9.2.5.1 CLEC is responsible for its own End User base and wil have the responsibility for resolution of any service trouble report(s) from its End Users. CLEC wil perform trouble isolation on the Unbundled Loop and any associated ancilary services prior to reporting trouble to Qwest. CLEC shall have access for testing purposes at the NID or Loop Demarcation Point. Qwest wil work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Qwests network. Qwest and CLEC wil report trouble isolation test results to the other. For Unbundled Loops, each Part shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 9.2.5.2 and 9.2.5.3. 9.2.5.2 When CLEC requests that Qwest perform trouble isolation with CLEe, a Maintenance of Service charge wil apply if the trouble is found to be on the End User's side of the Loop Demarcation Point. If the trouble is on the End User's side of the Loop Demarcation Point, and CLEC authorizes Qwest to repair the trouble on CLECs behalf, Qwest wil charge CLEC the appropriate Additional Labor Charges set forth in Exhibit A in addition to the Maintenance of Service charge. 9.2.5.3 When CLEC elects not to perform trouble isolation and Qwest performs tests on the Unbundled Loop at CLEC's request, a Maintenance of Service charge shall apply if the trouble is not in Qwests facilities. Maintenance and repair processes are set forth in Section 12.3 of this Agreement. Maintenance of Service charges are set forth in Exhibit A. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -137- Section 9 Unbundled Network Elements 9.2.5.4. Qwest wil maintain detailed records of trouble reports of CLEC-ordered Unbundled Loops, comparing CLEC provided data with internal data, and evaluate such reports on at a minimum of a quarterly basis to determine the cause of Loop problems. Qwest wil conduct a quarterly root cause analysis of problems associated with UNE Loops provided to CLECs by Qwest. Based on this analysis, Qwest wil take corrective measure to fix persistent and recurrent problems, reporting to CLECs on the analysis and the process changes that are instituted implemented to fix the problems. 9.2.5.5 Qwest shall allow access to the NID for testing purposes where access at the Demarcation Point is not adequate to allow testing suficient to isolate troubles; in the event that Qwest chooses not to allow such access, it shall waive any trouble isolation charges that may otherwise be applicable. . 9.2.6. Spectrum Management 9.2.6.1 Qwest wil provide 2/4 Wire non-loaded Loops, ADSL compatible Loops, ISDN capable Loops, xDSL-1 capable Loops, DS-1 capable Loops and DS3 capable Loops (collectively referred to in this Section 9.2.6 as "xDSL Loops") in a non- discriminatory manner to permit CLEC to provide Advanced Services to its End User Customers. Such Loops are defined herein and are in compliance with FCC requirements and guidelines recommended by the Network Reliabilty and Interoperabilty Council (NRIC) to the FCC, such as guidelines set forth in T1-417. 9.2.6.2 When ordering xDSL Loops, CLEC wil provide Qwest with appropriate information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for the type of technology CLEC wil deploy. CLEC also agrees to notify Qwest of any change in Advanced Services technology that results in a change in spectrum management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed or power at which the newly deployed or changed technology will operate if the technology fits within a generic PSD mask. 9.2.6.2.1 CLEC information provided to Qwest pursuant to Section 9.2.6.2 shall be deemed Confidential Information and Qwest may not distribute, disclose or reveal, in any form, this material other than as allowed and described in subsections of 9.2.6.2. 9.2.6.2.2 The Parties may disclose, on a need to know basis only, CLEC Confidential Information provided pursuant to Section 9.2.6.2, to legal personnel, if a legal issue arises, as well as to network and growth planning personnel responsible for spectrum management functions. In no case shall the aforementioned personnel who have access to such Confidential Information be involved in Qwests retail marketing, sales or strategic planning. 9.2.6.3 If CLEC wishes to deploy new technology not yet designated with a PSD mask, Qwest and CLEC agree to work cooperatively to determine Spectrum Compatibilit. Qwest and CLEC agree, as defined by the FCC, that technology is presumed acceptable for deployment when it complies with existing industry standards, is approved by a standards body or by the FCC or Commission, of if technology has been deployed elsewhere without a "significant degradation of service". 9.2.6.4 Qwest recognizes that the analog T1 service traditionally used within it Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -138- Section 9 Unbundled Network Elements network is a "known Disturber" as designated by the FCC. Owest will place such T1 s, by whomever employed, within binder groups in a manner that minimizes interference. Where such placement is insufficient to eliminate interference that disrupts other services being provided, Owest shall, whenever it is Technically Feasible, replace its T1 s with a technology that wil eliminate undue interference problems. Owest also agrees that any future "known Disturber" defined by the FCC or the Commission wil be managed as required by FCC rules. 9.2.6.5 If either Owest or CLEC claims a service is significantly degrading the performance of other Advanced Services or traditional voice band services, then that Party must notif the causing Carrier and allow the causing Carrier a reasonable opportunity to correct the problem. Upon notification, the causing Carrier shall promptly take action to bring its facilties/technology into compliance with industry standards. Upon request, within forty-eight (48) hours, Owest wil provide CLEC with binder group information including cable, pair, Carrier and PSD class to allow CLEC to notify the causing Carrier. 9.2.6.6 If CLEC is unable to isolate trouble to a specific pair within the binder group, Owest, upon receipt of a trouble resolution request, wil perform a main frame pair by pair analysis and provide results to CLEC within five (5) business days. 9.2.6.7 Reserved for Future Use. 9.2.6.8 Owest wil not have the authority to unilaterally resolve any dispute over spectral interference among Carriers. Owest shall not disconnect Carrier servces to resolve a spectral interference dispute, except when voluntarily undertaken by. the interfering Carrier or Owest is ordered to do so by a state commission or other authorized dispute resolution body. CLEC may submit any claims for resolution under Section 5.18 of this Agreement. 9.2.6.9 Where CLEC demonstrates to Owest that it has deployed Central Ofice based DSL services serving a reasonably defined area, it shall be entitled to require Owest to take appropriate measures to mitigate the demonstrable adverse effects on such service that arise from Owests use of repeaters or remotely deployed DSL service in that area. It shall be presumed that the costs of such mitigation wil not be chargeable to any CLEC or to any other Customer; however, Owest shall have the right to rebut this presumption, which it may do by demonstrating to the Commission by a preponderance of the evidence that the incremental costs of mitigation would be sufficient to cause a substantial effect upon other Customers (including but not limited to CLECssecuring UNEs) if charged to them. Upon such a showing, the Commission may determine how to apportion responsibility for those costs, including, but not limited to CLECs taking services under this SGAT. 9.3 Subloop Unbundling 9.3.1 Description 9.3.1.1 A Subloop is defined as any portion of the Loop that it is Technically Feasible to access at terminals in Owests outside plant, including inside wire. An accessible terminal is any point on the Loop where technicians can access the wire or fiber within the cable without removing a splice case to reach the wire or fiber within. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 -139- Section 9 Unbundled Network Elements Such points may include, but are not limited to, the pole, pedestal, Network Interface Device, minimum point of entry, single point of Interconnection, main distribution frame, Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface (SAl). This section does not address Dark Fiber Subloop which is addressed in Section 9.7. 9.3.1.1.1 Building terminals within or physically attached to a privately owned building in a Multi-Tenant Environment (MTE) are one form of accessible terminaL. Throughout Section 9.3 the Parties obligations around such "MTE terminals" are segregated because Subloop terms and conditions difer between MTE environments and non-MTE environments. 9.3.1.1.2 For any configuration not specifically addressed in this Agreement, the conditions of CLEC access shall be as required by the particular circumstances. These conditions include: (1) the degree of equipment separation required, (2) the need for separate cross-connect devices, (3) the interval applicable to any Collocation or other Provisioning requiring Qwest performance or cooperation, (4) the security required to maintain the safety and reliabilit of the facilities of Qwest and other CLECs, (5) the engineering and operations standards and practices to be applied at Qwest facilities where they are also used by CLECs for Subloop element access, and (6) any other requirements, standards, or practices necessary to assure the safe and reliable operation of all Carriers' facilities. 9.3.1.1.3 Any Part may request, under any procedure provided for by this Agreement, for addressing non-standard services or network conditions, the development of standard terms and conditions for any configuration(s) for which it can provide reasonably clear technical and operational characteristics and parameters. Once developed through such a process, those terms and conditions shall be generally available to any CLEC for any configuration fiting the requirements established through such process. 9.3.1.1.4 Prior to the development of such standard terms and conditions, Qwest shall impose in the six (6) areas identified in Section 9.3.1.1.2 above, only those requirements or intervals that are reasonably necessary. 9.3.1.1.4.1 MTE Terminals: Accessible terminals within a building in a MTE environment or accessible terminals physically attached to a building in a MTE environment. Qwest Premises located on real propert that constitutes a campus environment, yet are not within or physically attached to a non-Qwest owned building, are not considered MTE Terminals. 9.3.1.1.4.2 Detached Terminals: All accessible terminals other than MTE Terminals. 9.3.1.2 Standard Subloops available. a) b) c) Two-Wire/Four Wire Unbundled Distribution Loop DS1 Capable Unbundled Feeder Loop Two-Wire/Four Wire Non-loaded Distribution Loop Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -140- 9.3.1.3 9.3.1.4 ""'~¿ , 9.3.1.5 Section 9 Unbundled Network Elements d)Intrabuilding Cable Loop Standard Subloop Access 9.3.1.3.1 Accessing Subloops in Detached Terminals: Subloop Unbundling is available after a CLEC requested Field Connection Point (FCP) has been installed within or adjacent to the Qwest accessible terminaL. The FCP is a Demarcation Point connected to a terminal block from which cross-connections are run to Qwest Subloop elements. 9.3.1.3.2 Accessing Subloops in MTE Terminals: Subloop unbundling is available after CLEC has notified Qwest of its intention to Subloop unbundle in the MTE, during or after an inventory of CLEC's terminations has been created, and CLEC has constructed a cross-connect field at the building terminaL. 9.3.1.3.2.1 Reserved for Future Use. 9.3.1.3.2.2 Reserved for Future Use. Field Connection Point 9.3.1.4.1 Field Connection Point (FCP) is a Demarcation Point that allows CLEC to interconnect with Qwest outside of the Central Ofice location where it is Technically Feasible. The FCP interconnects CLEC facilties toa terminal block within the accessible terminaL. The terminal block allows a technician to access and combine Unbundled Subloop elements. When aFCP is required, it must be in place before Subloop orders are processed. 9.3.1.4.2 Placement of a FCP within a Qwest Premises for the sole purpose of creating a cross-connect field to support Subloop unbundling constitutes a "Cross-Connect Collocation." '&~'.-:;.9.3.1.4.2.1 The terms, conditions, intervals and rates for Cross- Connect Collocation are found within section 9.3. 9.3.1.4.2.2 To the extent that CLEC places equipment in a Qwest Premises that requires power and or heat dissipation, such Collocation is governed by the Terms of Section 8 and does not constitute a Cross- Connect Collocation. 9.3.1.4.3 A FCP arrangement can be established either within a Qwest accessible terminal, or, if space within the accessible terminal is legitimately exhausted and when Technically Feasible, CLEC may place the FCP in an adjacent terminaL. CLEC wil have access to the equipment placed within the Collocation for maintenance purposes. However, CLEC wil not have access to the FCP Interconnection point. MTE Point of Interconnection (MTE-POI) 9.3.1.5.1 A MTE-POI is necessary when CLEC is obtaining access to the Distribution Loop or Intrabuilding Cable Loop from an MTE TerminaL. CLEC must Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -141 - Section 9 Unbundled Network Elements create the cross-connect field at the building terminal that wil allow CLECto connect its facilities to Qwests Subloops. The Demarcation Point between CLEC and Qwests facilities is the MTE-POI. 9.3.1.6 Once a state has determined that it is Technically Feasible to unbundle Subloops at a designated accessible terminal, Qwest shall either agree to unbundle at such access point or shall have the burden to demonstrate, pursuant to the dispute resolution provisions of this Agreement, that it is not Technically Feasible, or that sufficient space is not available to unbundle Subloop elements at such accessible terminaL. 9.3.1.7 Qwest shall provide access to additional Subloop elements, e.g. copper feeder, to CLEC where facilities are available pursuant to the Special Request Process in Exhibit F. 9.3.2 Standard Subloops Available 9.3.2.1 Distribution Loops 9.3.2.1.1 Two-Wire/Four-Wire Unbundled Distribution Loop: a Qwest provided facility from the Qwest accessible terminal to the Demarcation Point or Network Interface Device (NID) at the End User location. The Two-Wire/Four- Wire Unbundled Distribution Loop is suitable for local exchange-type services. CLEC can obtain access to this unbundled element at any Technically Feasible accessible terminaL. 9.3.2.1.2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Qwest provided facility without load coils and excess Bridged Taps from the Qwest accessible terminal to the Demarcation Point or Network Interface Device (NID) at the End User location. When CLEC requests a Non-Loaded Unbundled pistribution Loop and there are none available, Qwest wil contact CLEC to . . determine if CLEC wishes to have Qwest unload a Loop. If the response is affirmative, Qwest wil dispatch a technician to "condition" the Distribution Loop by removing load coils and excess Bridged Taps (i.e., "unload" the Loop). CLEC may be charged the cable unloading and Bridged Taps removal nonrecurring charge in addition to the Unbundled Loop installation nonrecurring charge. If a Qwest technician is dispatched and no load coils or Bridged Taps are removed, the nonrecurring conditioning charge wil not apply. CLEC can obtain access to this Unbundled Element at any Technically Feasible accessible terminaL. 9.3.2.1.3 Intrabuilding Cable Loop: a Qwest provided facilit from the building terminal inside a MTE to the Demarcation Point at the End User Customer Premises inside the same building. This Subloop element only applies when Qwest owns the intrabuilding cable. 9.3.2.1.4 To the extent CLEC accesses Subloop in a campus environment from an accessible terminal that serves multiple buildings, CLEC can access these Subloops by ordering a Distribution Loop pursuant to either Section 9.3.2.1.1 or 9.3.2.1.2. A campus environment is one piece of propert, owned by one person or entit, on which there are multiple buildings. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25102lHAH for LHIXO Idaho/CDS-020124-0083 -142- Section 9 Unbundled Network Elements 9.3.2.2 Feeder Loops 9.3.2.2.1 DSl Capable Unbundled Feeder Loop is a digital transmission path that is provisioned from a Qwest Central Office network interface, which consists of a DSX-1 panel or equivalent, to the accessible terminaL. The DS1 Capable Unbundled Feeder Loop transports bi-directional DS1 signals with a nominal transmission rate of 1.544 Mbitls. 9.3.3 MTE Terminal Subloop Access: Terms and Conditions 9.3.3.1 Access to Distribution Loops or Intrabuilding Cable Loops at anMTE Terminal within a non-Qwest owned MTE is done through an MTE-POI. Remote Collocation is not necessary because CLEC can access the Subloop without placing facilities in a Qwest Premises. 9.3.3.2 To obtain such access, CLEC shall complete the "MTE-Access Ordering Process" set forth in Section 9.3.5.4. 9.3.3.3 The optimum point and method to access Sub loop elements wil be determined during the MTE Access Ordering Process. The Parties recognize a mutual obligation to interconnect in a manner that maintains network integrity, reliabilit, and securit. CLEC may access the MTE Terminal as a test access point. 9.3.3.4 CLEC wil work with the MTE building owner to determine where to terminate its facilities within the MTE. CLEC wil be responsible for all work associated with bringing its facilities into and terminating the facilties in the MTE. CLEC shall seek to work with the building owner to create space for such terminations without requiring Qwest to rearrange its facilities. 9.3.3.5 If there is space in the building for CLEC to enter the building and terminate its facilities without Qwest having to rearrange its facilities, CLEC must seek to use such space. In such circumstances, an inventory of CLEC's terminations within the MTE shall be input into Qwests systems to support Subloop orders before Subloop orders are provisioned or in conjunction with the first Subloop order in the MTE. Qwest shall have five (5) calendar days from receipt of a written request from CLEC, in addition to the interval set forth in Section 9.3.5.4.1, to input the inventory of CLEC's terminations into its systems. Qwest may seek an extended interval if the work cannot reasonably be completed within the stated intervaL. In such cases, Qwest shall provide wrien notification to CLEC of the extended interval Qwest believes is necessary to complete the work. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain the extended intervaL. If CLEC submits a Subloop order before Qwest inputs the inventory into its systems, Qwest shall process the order in accord with Section 9.3.5.4.1. 9.3.3.6 If CLEC connects Qwests Subloop element to CLEC's facilties using any temporary wiring or cut-over devices, CLEC shall remove any remaining temporary wiring or cut-over devices and install permanent wiring within ninety (90) calendar days. All wiring arrangements, temporary and permanent, must adhere to the National Electric Code. 9.3.3.7 If there is no space for CLEC to place its building terminal or no Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -143- Section 9 Unbundled Network Elements accessible terminal from which CLEC can access such Subloop elements, and Qwest and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI) to serve the MDU, Qwest wil either rearrange facilities to make room for CLEC or construct a single point of access that is fully accessible to and suitable for CLEC. In such instances, CLEC shall pay Qwest a nonrecurring charge, which shall be ICB, based on the scope of the work required. If CLEC requests that a new SPOI be established, then CLEC shall pay Qwest a nonrecurring charge that shall be ICB, based on the scope of the work required. If the MTE terminal is hard wired in such a manner that a network Demarcation Point cannot be created, Qwest wil rearrange the terminal to create a cross-connect field and Demarcation Point. Charges for such rearrangement shall be recovered through recurring termination charges. 9.3.3.7.1 If Qwest must rearrange its MTE Terminal to make space for CLEC, Qwest shall have fort-five (45) calendar days from receipt of a written request from CLEC to complete the rearrangement. Qwest may seek an extended interval if the work cannot reasonably be completed within fort-five (45) calendar days. In such cases, Qwest shall provide written notification toCLEC of the extended interval Qwest believes is necessary to complete the work. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended intervaL. 9.3.3.7.2 If Qwest must construct a new detached terminal that is fully accessible to and suitable for CLEC, the interval for completion shall be negotiated between the Parties on an Individual Case Basis. 9.3.3.7.3 CLEC may cancel a request to construct an FCP or SPOlprior to Qwest completing the work by submiting a written notification via certified mail to its Qwest account manager. CLEC shall be responsible for payment of all costs previously incurred by Qwest as well as any costs necessary to restore the propert to its original condition. 9.3.3.8 At no time shall either Part rearrange the other Part's facilities within the MTE or otherwise tamper with or damage the other Part's facilities within the MTE. This does not preclude normal rearrangement of wiring or jumpers necessary to connect inside wire or intrabuilding cable to CLEC facilties in the manner described in the MTE Access Protocol. If such damage accidentally occurs, the Party responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. 9.3.4 Detached Terminal Subloop Access: Terms and Conditions 9.3.4.1 Except as to access at an MTE Terminal, access to unbundled Subloop elements at an accessible terminal must be made through a Field Connection Point (FCP) in conjunction with either a Cross-Connect Collocation or, if power and/or heat dissipation is required, a Remote Collocation. 9.3.4.2 To the extent that the accessible terminal does not have adequate capacity to house the network interface associated with the FC?, CLEC may opt to. use Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -144- Section 9 Unbundled Network Elements Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall comport with NEBS Level 1 safety standards 9.3.4.2.1 Reserved for Future Use. 9.3.4.3 Field Connection Point 9.3.4.3.1 Qwest is not required to build additional space for CLEC to access Subloop elements. When Technically Feasible, Qwest shall allow CLEC to construct its own structure adjacent to Qwests accessible terminaL. CLEC shall obtain any necessary authorizations or rights of way required (which may include obtaining access to Qwest rights of way, pursuant to section 10.8 of this Agreement) and shall coordinate its facility placement with Qwest, when placing their facilities adjacent to Qwest facilities. Obstacles that CLEC may encounter from cities, counties, electric power companies, propert owners and similar third parties, when it seeks to interconnect its equipment at Subloop access points, wil be the responsibility of CLEC to resolve with the municipality, utility, propert owner or other third part. 9.3.4.3.2 The optimum point and method to access Subloop elements wil be determined during the Field Connection Point process. The Parties recognize a mutual obligation to interconnect in a manner that maintains network integrity, reliabilty, and securit. 9.3.4.3.3 CLEC must identify the size and type of cable that wil be terminated in the Qwest FCP location. Qwest wil terminate the cable in the Qwest accessible terminal if termination capacit is available. If termination capacity is not available, Qwest wil expand the FDI at the request of CLEC if Technically Feasible, all reconfiguration costs to be borne by CLEC. In this situation only, Qwest shall seek to obtain any necessary authorizations or rights of way required to expand the terminaL. It wil be the responsibilit of Qwest to seek to resolve obstacles that Qwest may encounter from cities, counties, electric power companies, propert owners and similar third parties. The time it takes for Qwest to obtain such authorizations or rights of way shall be excluded from the time Qwest is expected to provision the Collocation. CLEC will be responsible for placing the cable from the Qwest FCP to its equipment. Qwest wil perform all of the initial splicing at the FCP. 9.3.4.3.4 CLEC may cancel a Collocation associated with a FCP request prior to Qwest completing the work by submiting a written notification via certified mail to its Qwest account manager. CLEC shall be responsible for payment of all costs previously incurred by Qwest. 9.3.4.3.5 If the Parties are unable to reach an agreement on the design of the FCP through the Field Connection Point Process, the Parties may utilze the Dispute Resolution process pursuant to the Terms and Conditions Dispute Resolution Section. Altematively, CLEC may seek arbitration under Section 252 of the Act with the Commission, wherein Qwest shall have the burden to demonstrate that there is insuficient space in the accessible terminal to accommodate the FCP, or that the requested Interconnection is not Technically Feasible. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -145- Section 9 Unbundled Network Elements 9.3.4.4 At no time shall either Part rearrange the other Part's facilities within the accessible terminal or otherwise tamper with or damage the other Part's facilties. If such damage accidentally occurs, the Part responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. 9.3.5. Ordering/Provisioning 9.3.5.1 All Subloop Types 9.3.5.1.1 CLEC may order Subloop elements through the Operational Support Systems described in Section 12. 9.3.5.1.2 CLEC shall identify Subloop elements by NC/NCI codes. 9.3.5.2 Additional Terms for Detached Terminal SubloopAccess 9.3.5.2.1 CLEC may only submit orders for Subloop elements after the FCP is in place. The FCP shall be ordered pursuant to Section 9.3.5.5. CLEC wil populate the LSR with the termination information provided at the completion of the FCP process. 9.3.5.2.2 Qwest shall dispatch a technician to run a jumper between its Subloop elements and CLEC's Subloop elements. CLEC shall not at any time disconnect Qwest facilities or attempt to run a jumper between its Subloop elements and Qwests Subloop elements without specific written authorization from Qwest. 9.3.5.2.3 Once the FCP is in place, the Subloop Provisioning intervals contained in Exhibit C shall apply. 9.3.5.3 Reserved for Future Use. 9.3.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access Ordering Process 9.3.5.4.1 CLEC shall notify its account manager at Qwest in writing, including via email, of its intention to provide access to Customers that reside within a MTE. Upon receipt of such request, Qwest shall have up to ten (10) calendar days to notif CLEC and the MTE owner whether Qwest believes it or the MTE owner owns the intrabuilding cable. In the event that there has been a previous determination of on-premises wiring ownership at the same MTE, Qwest shall provide such notification within two (2) business days. In the event that CLEC provides Qwest with a written claim by an authorized representative of the MTE owner that such owner owns the facilities on the Customer side of the terminal, the preceding ten (10) day period shall be reduced to five (5) calendar days from Qwests receipt of such claim. 9.3.5.4.2 If the MTE owner owns the facilties on the Customer side of the terminal, CLEC may obtain access to all facilities in the building in accordance Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -146- Section 9 Unbundled Network Elements with Section 9.5 concerning access to unbundled NIDs. 9.3.5.4.3 If Qwest owns the facilities on the Customer side of the terminal, CLEC shall notify Qwest in writing of whether the building owner has provided space for CLEC to enter the building and terminate its facilities or whether Qwest must rearrange facilities or construct new facilities to accommodate such access. Upon receipt of such notification, the intervals set forth in Section 9.3.3 shall begin. 9.3.5.4.4 CLEC may only submit orders for Subloop elements after the facilties are rearranged and/or a new facilit constructed, if either are necessary. CLEC wil populate the LSR with the termination information provided by CLEC at the completion of the inventory process except when submitting LSRs during the creation of the inventory. 9.3.5.4.5 If CLEC ordered Intrabuilding Cable Loop, CLEC shall dispatch a technician to run a jumper between its Subloop elements and Qwests Subloop elements to make a connection at the MTE-POI in accordance with the MTE Access Protocol. If CLEC ordered a Subloop type other than IntrabuildingCable Loop, Qwest wil dispatch a technician to run a jumper between CLECs Subloop elements and Qwests Subloop elements to make a connection at the MTE-POI. CLEC, at its option, may request that Qwest run the jumper for Intrabuilding cable in MTEs when the inventory is done and a complete LSR has been submitted. 9.3.5.4.5.1 When CLEC accesses a MTE Terminal, it shall employ generally accepted best engineering practices in accordance with industry standards. CLEC shall clearly label the cross-connect wires it uses. CLEC wiring wil be neatly dressed. When CLEC accesses Subloops in MTE Terminals, it shall adhere to Qwests Standard MTE Terminal Access Protocol unless the Parties have negotiated a separate document for such Subloop access. If CLEC requests a MTE Terminal access protocol that is diferent from Qwests Standard MTE Terminal Access Protocol, Qwest shall negotiate with CLEC promptly and in good faith toward that end. 9.3.5.4.5.2 Access to Intrabuilding Cable Loop at MTE Terminals without a cross-connect field: 9.3.5.4.5.2.1 To the extent CLEC seeks access to a MTE Terminal that does not contain a cross-connect field, CLEC shall not rearrange Qwests facilities. 9.3.5.4.5.2.2 To the extent CLEC seeks access to a MTE Terminal that does not contain a cross-connect field, but that is connected to an adjacent MTE Terminal with a cross-connect field, CLEC shall access each Subloop via the adjacent MTE Terminal with a cross-connect field. 9.3.5.4.5.2.3 To the extent CLEC seeks access to a MTE Terminal that does not contain a cross-connec field and is not Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -147- Section 9 Unbundled Network Elements connected to an adjacent MTE Terminal with a cross-connect field, CLEC shall access each Subloop in such a MTE Terminal using a bridging clip that overlays Qwests termination pin for the particular End User Customer on the connecting terminal block, and CLEC shall replace the Qwest line protector dedicated to that End User Customer with a service denial protector or equivalent DC continuity interrupter. The details of this practice shall be contained within the MTE Terminal access protocol referenced in section 9.3.5.4.5.1. 9.3.5.4.5.2.4 CLEC shall be wholly and completely responsible for any service outage, equipment failure, property damage or any and all other damages to person or propert that is caused by the failure to adhere to sections 9.3.5.4.5.1 or 9.3.5.4.5.2 or the MTE Terminal access protocol referenced in section 9.3.5.4.5.1. 9.3.5.4.6 Once inventory is complete and, if necessary, the facilties are rearranged and or a new facility constructed and when Qwest runs the jumper, the Subloop Provisioning intervals contained in Exhibit C shall apply. 9.3.5.4.7 For access to Qwests on-premises MTE wire as a Subloop element, CLEC shall be required to submit an LSR, but need not include thereon the circuit-identifing information or await completion of LSR processing by Qwest before securing such access. Qwest shall secure the circuit-identifing information, and wil be responsible for entering it on the LSR when it is received. Qwest shall be entitled to charge for the Subloop element as of the time of LSR submission by CLEC. 9.3.5.5 FCP Ordering Process 9.3.5.5.1 CLEC shall submit. a Field Connection Point Request Form to Qwest along with its Collocation Application. The FCP Request Form shall be completed in its entirety. 9.3.5.5.2 After construction of the FCP and Collocation are complete, CLEC wil be notified of its termination location, which wil be used for ordering Subloops. 9.3.5.5.2.1 The following constitute the intervals for Provisioning Collocation associated with a FCP, which intervals shall begin upon completion of the FCP Request Form and its associated Collocation Application in their entirety: 9.3.5.5.2.1.1 Any Remote Collocation associated with a FCP in which CLEC wil install equipment requiring power and/or heat dissipation shall be in accordance with the intervals set forth in Section 8.4. 9.3.5.5.2.1.2 A Cross-Connect Collocation ina detached terminal shall be provisioned within ninety (90) calendar days from Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -148- Section 9 Unbundled Network Elements receipt of a writen request by CLEC. 9.3.5.5.2.1.3 If Qwest denies a request for Cross- Connect Collocation in a Qwest Premises due to space limitations, Qwest shall allow CLEC representatives to inspect the entire Premises escorted by Qwest personnel within ten (10) calendar days of CLECs receipt of the denial of space, or a mutually agreed upon date. Qwest wil review the detailed space plans (to the extent space plans exist) for the Premises with CLEC during the inspection, including Qwest reserved or optioned space. Such tour shall be without charge to CLEC. If, after the inspection of the Premises, Qwest and CLEC disagree about whether space limitations at the Premises make Collocation impractical, Qwest and CLEC may present their arguments to the Commission. In addition, if after the fact it is determined that Qwest has incorrectly identified the space limitations, Qwest wil honor the original Cross-Connect Collocation Application date for determining RFS unless both Parties agree to a revised date. 9.3.5.5.2.1.4 Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remaining nonrecurring charge, Qwest wil schedule with CLEC an inspection of the FCP with CLEC if requested. Upon completion of the Acceptance inspection, CLEC wil be provided the assignments and necessary ordering information. With prior arrangements, CLEC can request testing of theFCP at the time of the Acceptance inspection. If Qwest, despite its best efforts, including notification through the contact number on the Cross-Connect Collocation Application, is unable to schedule the Acceptance inspection with CLEC within twenty-one (21) calendar days of the RFS, Qwest shall activate the applicable charges. 9.3.5.5.2.1.5 Qwest may seek extended intervals if the work cannot reasonably be completed within the set intervaL. In such cases, Qwest shall provide written notification to CLEC of the extended interval Qwest believes is necessary to complete the work. CLEC may dispute the need for and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended intervaL. 9.3.6 Rate Elements 9.3.6.1 All Subloop Types 9.3.6.1.1 Subloop Recurring Charge - CLEC wil be charged a monthly recurring charge pursuant to Exhibit A for each Subloop ordered by CLEC. 9.3.6.1.2 Subloop Trouble Isolation Charge - CLEC wil be charged a Trouble Isolation Charge pursuant to the Support Functions - Maintenance and Repair Section when trouble is reported but not found on the Qwest facility. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -149- Section 9 Unbundled Network Elements 9.3.6.2 Reserved for Future Use. 9.3.6.3 Additional rates for Detached Terminal Subloop Access: 9.3.6.3.1 Cross-Connect Collocation Charge: CLEC shall pay the full nonrecurring charge for creation of the Cross-Connect Collocation set forth in Exhibit A upon submission of the Collocation Application. The FCP Request Form shall not be considered completed in its entirety until complete payment is submitted to Qwest. 9.3.6.3.2 Any Remote Collocation associated with a FCP in which CLEC wil install equipment requiring power and/or heat dissipation shall be in accordance with the rate elements set forth in Section 8.3. 9.3.6.3.3 Subloop Nonrecurring Jumper Charge: CLEC wil be charged a nonrecurring basic installation charge for Qwest running jumpers within the accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC. 9.3.6.4 Additional Rates for MTE Terminal Subloop Access 9.3.6.4.1 Subloop Nonrecurring Charge - CLEC wil be charged a nonrecurring charge for the time and materials required for Qwest to complete the inventory of CLEC's facilities within the MTE such that Subloop orders can be submited and processed. 9.3.6.4.2 Subloop Nonrecurring Jumper Charge - If CLEC ordered a Subloop type other than lntrabuilding Cable Loop, CLEC wil be charged a nonrecurring basic installation charge for Qwest running jumpers within the accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC. 9.3.7 Repair and Maintenance 9.3.7.1 Detached Terminal Subloop Access: Qwest wil maintain all of its facilities and equipment in the accessible terminal and CLEC wil maintain all of its facilities and equipment in the accessible terminaL. 9.3.7.2 MTE Terminal Subloop Access: Qwest wil maintain all of its facilities and equipment in the MTE and CLEC wil maintain all of its facilities and equipment in the MTE. 9.4 Line Sharing 9.4.1 Description Line Sharing provides CLEC with the opportunit to offer advanced data services simultaneously with an existing End User's analog voice-grade (POTS) service on a single copper Loop referred to herein as the "Shared Loop" or "Line Sharing", by using the frequency range above the voice band on the copper Loop. This frequency range wil be referred to herein as the High Frequency Spectrum Network Element (HUNE). A POTS Spliter separates the voice and data traffic and allows the copper Loop to be used for simultaneous data transmission Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25102IAH for LHIXO Idaho/CDS-020124-0083 -150- Section 9 Unbundled Network Elements and POTS service. The POTS service must be provided to the End User by Owest. This section does not prohibit Line Splitting, which is addressed in Section 9.21. 9.4.1.1 Line Sharing occurs on the copper portion of the Loop (Le., copper Loop or shared copper distribution). Owest provides CLECs with the Network Elements to transport data from Owest Remote Terminals including unbundled Dark Fiber, DS1 capable Loop, and OCN. Owest also provides CLECs with the ability to commingle it data with Owests pursuant to Section 9.20 with Unbundled Packet Switching. To the extent additional Line Sharing technologies and transport mechanisms are identified, Owest will allow CLECs to line share in that manner, provided, however, that (i) the rates, terms and conditions for Line Sharing may need to be amended and (ii) if Owest demonstrates that such line sharing method is not technically feasible, Owest need not afford the access identified. 9.4.2 Terms and Conditions 9.4.2.1 General 9.4.2.1.1 To order the HUNE, CLEC must have a POTS Splitter installed in the Owest Wire Center that serves the End User as provided for in this Section, and the End User must have dial tone originating from a Owest Switch in that Wire Center. CLEC must provide the End User with, and is responsible for, the installation of a Splitter, filter(s) and/or other equipment necessary for the End User to receive separate voice and data service across a single copper Loop. 9.4.2.1.2 Reserved for Future Use. 9.4.2.1.3 CLEC may use the HUNE to provide any xDSL services that wil not interfere with analog voiceband transmissions in accordance wih FCC rules. Such services currently are limited to ADSL, RADSL Multiple Virtual Lines (MVL) and G.lite. In the future, additional services may be used by CLEC to the extent those services are deemed acceptable for Line Sharing Deployment under applicable FCC rules. 9.4.2.1.4 CLEC may not order the HUNE on a given copper Loop if Owest, or another Telecommunications Carrier, is already using the high frequency spectrum, unless the End User disconnects the original Telecommunications Carrier's high-frequency service. 9.4.2.1.5 CLEC may request, and Owest wil provide, conditioning of Shared Loops to remove load coils, excess Bridged Taps, or electronics subject to the charges for Loop conditioning in Exhibit A. Owest will perform requested conditioning, including de-loading and removal of excess Bridged Taps, unless Owest demonstrates in advance that conditioning a Shared Loop wil significantly degrade the End User's analog voice-grade POTS service. Based on the pre- order make-up of a given copper Loop, CLEC can make a preliminary determination if the Loop can meet the technical parameters applicable to the data service it intends to provide over the Loop. 9.4.2.1.6 Owest wil provide CLEC with access to the HUNE through POTS Splitters installed in Owest Wire Centers. POTS Splitters may be installed in Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 151 - Section 9 Unbundled Network Elements Qwest Wire Centers in either of the following ways at the discretion of CLEC: (a) via the standard Collocation arrangements set forth in the Collocation Section; or (b) via Common Area Spliter Collocation as set forth in this Section. Under either option, POTS Splitters wil be appropriately hard-wired or pre-wired so that Qwest is not required to inventory more than two (2) points of termination. 9.4.2.1.7 Reserved for Future Use. 9.4.2.2 CLEC Collocation Area Splitter 9.4.2.2.1 If CLEC elects to have POTS Splitters installed in Qwest Wire Centers via the standard Collocation arrangements set forth in the Collocation Section, CLEC wil either purchase the POTS Spliters or have Qwest purchase the POTS Splitters subject to full reimbursement of the cost of the POTS Splitters plus any pass through actual vendor invoice costs, including but not limited to taxes, shipping and handling. The POTS Spliters must meet the requirements for Central Ofice equipment Collocation set by the FCC. CLEC. wil be responsible for installng and maintaining the POTS Splitters in its Collocation areas within Qwest Wire Centers. 9.4.2.2.2 CLEC may designate some or all of its existing TIE Cables for use in connection with Line Sharing. Qwest wil perform any necessary TIE Cable reclassifications, frame re-stencilng, and related work for which it is responsible and that is required to provision Line Sharing. Charges wil apply pursuant to Exhibit A of the Agreement. 9.4.2.2.3 Two (2) ITPs and two (2) TIE Cables wil be needed to connect POTS Splitters to the Qwest network. One ITP wil carry both voice and data traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame, one (1) TIE Cable wil carry both voice and data traffic to the POTS Splitter located in CLEC's Collocation area. The voice and data traffic wil be separated at the POTS Spliter. The data traffic wil be routed to CLEC's network within its Collocation area. The voice traffic wil be routed to the COSMICTM/MDF Switch termination, via the ICDF, using a second TIE Cable and a second .ITP. 9.4.2.2.4 Interconnection Tie Pairs and TIE Cables. There are two (2) tyes of ITP arrangements for connecting the Qwest network to the CLEC provided Splitter, depending on whether CLEC elects to use an ICDF or direct connections. 9.4.2.2.4.1 CLEC may elect to use an ICDF. In this instance, one ITP carries the combined voice/data signal from the COSMICTM/MDF Loop termination to the ICDF and a second ITP carries the voice only signal from the ICDF to the COSMICTM/MDF Switch termination. For each Shared Loop, two pairs of the TIE cable must be used: one pair of the TIE Cable wil carry the voice/data from the ICDF to the CLECprovided Splitter, and the second pair wil carry the voice-only signal from the CLEC provided Splitter to the ICDF. 9.4.2.2.4.2 CLEC may elect to use direct connections between the CLEC-provided Splitter and the COSMICTM/MDF. In this instance, Qwest Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -152- Section 9 Unbundled Network Elements wil provide one TIE Cable between each module of the COSMICTM/MDF and the CLEC-provided Splitter. One pair in the TIE Cable wil carry the combined voice/data signal from the COSMICTM/MDF Loop termination to the CLEC-provided Spliter in CLEC's Collocation space. A second pair in the TIE Cable wil carry the voice-only signal from the CLEC-provided Splitter to the Switch termination on the COSMICTM/MDF. These TIE Cables wil be dedicated to CLEC's use, and, as a result, the full cost of the necessary Mechanized Engineering and Layout for Distributing Frame (MELDTM) run, cable placement, and cable termination, and associated COSMICTM/MDF hardware to terminate a TIE Cable on each outside plant and Switch equipment module of the COSMICTM/MDF wil be assessed to CLEC in accordance with Section 8 (Collocation). To minimize CLECs cost, to the extent feasible, Qwest shall consolidate CLECs requirements with the requirements of Qwest and other CLECs into a single MELDTM run whenever feasible. Costs of such consolidated MELDTM runs shall be prorated among the Parties, including Qwest. Qwest wil provide, for each Shared Loop, the TIE Cable pair assignments. 9.4.2.2.5 The Demarcation Points between Qwests network and eLEC's network wil be the place where the combined voice and data Loop is connected to the ICDF, or where CLEC chooses a direc connection to the COSMICTM/MDF, where the combined voice and data Loop originates from CLECs Collocation 9.4.2.3 Common Area Splitter Collocation 9.4.2.3.1 If CLEC elects to have POTS Splitters installed in Qwest Wire Centers via Common Area Splitter Collocation, the POTS Spliters wil be installed in those Wire Centers in one of the following locations: (a) in a relay rack as close to CLEC's DSO termination points as possible; (b) on an ICDF to the extent such a frame is available; or (c) where options (a) and (b) are not available, or, in Wire Centers with network access line counts of less than 10,000, on the COSMICTM/MDF or in some other appropriate location such as an existing Qwest relay rack or bay. CLEC either may purchase POTS Spliters or have Qwest purchase the POTS Splitters subject to full reimbursement of the cost of the POTS Spliters plus any pass through actual vendor invoice costs, including but not limited to, taxes, shipping and handling, and any similar charges assessed on Qwest by vendors in connection with the purchase of POTS Splitters. The POTS Spliters must meet the requirements for Central Office equipment Collocation set by the FCC. Qwest wil be responsible for installng and maintaining the POTS Spliters, but CLEC wil lease the POTS Spliters to Qwest at no cost. Qwest may co-mingle the POTS Splitters shelves of diferent CLECs in a single relay rack or bay. Qwest wil not be responsible for shortages of POTS Splitters or Qwests inability to obtain POTS Splitters from vendors, if acting as purchasing agent on behalf of CLEC. 9.4.2.3.2 Two (2) ITPs and four (4) TIE Cables will be needed to connect the POTS Splitters to the Qwest network. One ITP wil carry both voice and data traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame, one (1) TIE Cable wil carry both voice and data traffic to the POTS . Spliter. The voice and data traffic wil be separated at the POTS Splitter, and Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -153- Section 9 Unbundled Network Elements the separated voice and data traffic wil be routed to the ICDF via separate TIE Cables (Le., the second and third TIE Cables). Atthe ICDF, the data traffic will be routed to CLEC"s Collocation area via a fourth TIE Cable, and the voice traffic wil be routed to the COSMICTM/MDF Switch termination, via a second ITP. CLEC can also elect a direct connect option pursuant to Section 8.3.1.11.2. 9.4.2.3.3 Owest wil provide the cabling used for TIE Cables between the POTS Splitter and the ICDF. The POTS Spliter Tie Cable Connection Charge wil apply. 9.4.2.3.4 The Demarcation Point between Owests network and CLEC's network wil be at the place where the data Loop leaves the POTS Splitter on its way to CLEC's collocated equipment. 9.4.3 Line Sharing Deployment 9.4.3.1 New applications for installation of POTS Splitters wil be processed in the manner outlined in the Collocation Section for Cageless or Common Collocation. 9.4.3.2 CLEC may submit applications for additional DSO TIE Cable terminations and/or reclassifications to support Line. Sharing. Owest wil process any such applications for augmentation and/or reclassification of DSO TI E Cable terminations under intervals as outlined below in this Section. 9.4.3.3 Augmentation intervals wil be thirty (30) days, subject to the following terms and conditions identified below: 9.4.3.3.1 Intentionally Left Blank. i ntentionally Left Blank.9.4.3.3.2 9.4.3.3.3 The interval for reclassification wil be fifeen (15) days, subject to the following terms and conditions. If requested reclassification engineering results in additional requirements for DSO TI E Cable termination or TI E Cable support, the interval wil default to thirt (30) days. 9.4.3.3.4 Intentionally Left Blank. 9.4.3.3.5 In the event CLEC, or Owest acting as purchasing agent for CLEC, is unable to procure any equipment needed to complete all work required by applications submited to Owest by CLEC, including but not limited to, POTS Splitters or cabling, Owest will install the subject equipment when it becomes available. If Owest is acting as purchasing agent for CLEC and is unable to procure equipment to complete all work in a timely manner, CLEC may provide Owest with the subject equipment. CLEC wil be notified by Owest of the required material on-site date for the affected Wire Center(s) and CLEC wil have two (2) business days to determine if it wil be able to provide the subject equipment in advance of the material on-site date. If CLEC does not notify Owest in writing of its intent to provide the subject equipment within this two (2) business days period, or if the subject equipment is not provided in a timely manner, Owest wil install the subject equipment when available. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -154- Section 9 Unbundled Network Elements 9.4.4 Rate Elements 9.4.4.1 9.4.4.2 9.4.4.3 9.4.4.4 9.4.4.5 Recurring Rates for Shared Loop 9.4.4.1.1 Shared Loop Charge - A monthly recurring charge for the use of the Shared Loop wil apply. 9.4.4.1.2 OSS Charge - A monthly recurring charge to recover upgrades to Qwest Operational Support Systems required to accommodate Line Sharing wil apply. Nonrecurring Rates for the Shared Loop 9.4.4.2.1 Basic Installation Charge for Shared Loop - A nonrecurring charge for each Shared Loop installed wil apply. 9.4.4.2.2 If CLEC requests conditioning of a Shared Loop, a nonrecurring conditioning charge specified in Exhibit A wil apply for removal of load coils and excess Bridged Taps. If the conditioning significantly degrades the voice services on the Loop to the point it is unacceptable to the End User, CLEC shall pay the conditioning charge in Exhibit A to recondition the Loop. Nonrecurring Rates for Tie Cable Reclassification 9.4.4.3.1 Reclassification Charge - A nonrecurring charge wil apply, based on time and materials for reclassification of existing TI E cable capacit, by among other things, reclassification of existing TIE cables for Line Sharing, frame re-stencilng, and any other work performed between CLEC's Collocation and the intermediate distribution frame required to provision Line Sharing. Nonrecurring Rates for Maintenance and Repair 9.4.4.4.1 Trouble Isolation Charge - A nonrecurring charge for Trouble isolation wil be applied in accordance with the Support Functions - Maintenance and Repair Section. 9.4.4.4.2 Additional Testing - CLEC may request Qwest to perform additional testing, and Qwest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge wil apply in accordance with Exhibit A. Rates for Common Area Splitter Collocation 9.4.4.5.1 Splitter Shelf Charge - This charge recovers installation and ongoing maintenance associated with Spliter installation, bay installation,lighting costs, aerial support structures and grounding charge for Spliters either in a bay, on the IDF, or on the MDF/COSMICTM. These are both recurring and nonrecurring charges. 9.4.4.5.2 POTS Spliter Charge - A nonrecurring charge wil apply for the cost of each POTS Spliter purchased by Qwest on behalf of CLEC. This charge Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -155- Section 9 Unbundled Network Elements wil cover the cost of the POTS Splitter, plus any associated costs incurred by Qwest to order the POTS Spliter. 9.4.4.5.3 Engineering - A nonrecurring charge wil apply for the planning and engineering associated with placing POTS Splitters in the Central Ofice, either in a bay, on the IOF, or on the MOF/COSMICTM. 9.4.4.6 POTS Splitter TIE Cable Connections Charge - A nonrecurring charge wil apply for the cost of each TI E Cable connected to the POTS Splitters. This charge wil cover both the TIE cables and associated blocks per one hundred (100) pair between the POTS Splitter and the intermediate distribution frame or Splitter bay. 9.4.4.7 The rates for each of the aforementioned Line Sharing rate elements are set forth in Exhibit A. All of these rates are interim and wil be subject to true up based on either mutually agreed to permanent rates or permanent rates established in a Line Sharing cost proceeding conducted by the Commission. In the event interim rates are established by the Commission before permanent rates are set, the interim. rates set forth in Exhibit A wil be changed to reflect the interim rates set by the Commission; however, no true up wil be performed until mutually agreed to permanent rates are established or permanent rates are set established by the Commission. 9.4.5 Ordering Process 9.4.5.1 Shared Loop 9.4.5.1.1 As a part of the pre-order process, CLEC can access Loop characteristic information through the Loop Information Tool described in the Support Functions Section. CLEC wil determine, in its sole discretion, whether to order the HUNE across any specific copper Loop. Qwest and CLEC wil work together to modify the Loop Information Tool to better support Line Sharing. CLEC shall accept the risk. that the Loop selected may not be suitable for providing the type of xOSL service CLEC seeks to provide. 9.4.5.1.2 The appropriate Spliter Meet Points dedicated to the POTS Spliters wil be provided on the Line Sharing Actual Point of Termination (A POT) form one (1) day prior to the Ready for Service date or at an interval ordered by the Commission or further agreed to by Qwest and CLEC in writing. CLEC wil provide on the LSR, the appropriate frame terminations which are dedicated to POTS Splitters. Qwest wil administer all cross-connecs/jumpers on the COSMICTM/MOF and ICOF. 9.4.5.1.3 Basic Installation "lif and lay" procedure wil be used for all Shared Loop orders. Under this approach, a Qwest technician "lifs" the Loop from its current termination in a Qwest Wire Center and "lays" it on a new termination connecting to CLEC's collocated equipment in the same Wire Center. 9.4.5.1.4 Qwest will provision the Shared Loop within the standard unbundled Loop Provisioning interval as defined in Exhibit C. 9.4.5.1.5 CLEC shall not place initial orders for Shared Loops until all Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -156- Section 9 Unbundled Network Elements infrastructure work necessary to provision Line Sharing in a given Qwest Wire Center, including, but not limited to, POTS Splitter installation and TIE Cable reclassification or augmentation has been completed. Upon CLEC request at any time, including before placing an order, Qwest wil arrange for a Wire Center walkthrough to verify the Line Sharing installation including APOT Information and associated databases, wiring and stenciling in the Qwest Wire Center. 9.4.5.1.6 Prior to placing an LSR for Shared Loop, CLEC must obtain a Proof of Authorization from the End User Customer in accordance with the Proof of Authorization Section. 9.4.5.2 Common Area Splitter Collocation 9.4.5.2.1 This Section only applies to situations where CLEC orders placement of the Splitter in a common area. 9.4.5.2.2 New POTS Splitter shelves may be ordered via a single Collocation application form and quote preparation fee. Standard intervals as contained in Exhibit C wil apply. 9.4.5.2.3 New POTS Spliter shelves may be ordered with an existing Collocation. CLEC must submit a new Collocation application form and the applicable fee to Qwest. Standard Cageless and/or Common . Collocation intervals as contained in Exhibit C wil apply. 9.4.5.3 TI E Cable Reclassification 9.4.5.3.1 To the extent CLEC has existing DSO TIE Cable terminations extending from an intermediate distribution frame to its Collocation space, CLEC may request that these existing DSO TI E Cable terminations be reclassified for use with Line Sharing. CLEC shall request such reclassification through the same process used to order new terminations. 9.4.6 Repair and Maintenance 9.4.6.1 Qwest wil allow CLEC to access Shared Loops at the point where the combined voice and data Loop is cross-connected to the POTS Splitter. 9.4.6.2 Qwest wil be responsible for repairing voice services provided over Shared Loops and the physical line between Network Interface Devices at End User premises and the point of demarcation in Qwest Wire Centers. Qwest will also be responsible for inside wiring at End User premises in accordance with the terms and conditions of inside wire maintenance agreements, if any, between Qwest and its End Users. CLEC wil be responsible for repairing data services provided on Shared Loops and is entitled to test the entire frequency range of the Loop facilty. Qwest and CLEC each wil be responsible for maintaining its equipment. The entit that controls the POTS Spliters wil be responsible for their maintenance. 9.4.6.3 Qwest and CLEC wil continue to develop repair and maintenance procedures for Line Sharing and agree to document final agreed to procedures in a Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -157 - Section 9 Unbundled Network Elements methods and procedures document that wil be made available on Qwests website: http://www.gwest.com/wholesale/. In the interim, Qwest and CLEC agree that the following general principles wil guide the repair and maintenance process for Line Sharing. 9.4.6.3.1 If an End User complains of a voice service problem that may be related to the use of a Shared Loop for data services, Qwest and CLEC wil work together with the End User to solve the problem to the satisfaction of the End User. Qwest wil not disconnect the data service provided to an End User over a Shared Loop without the writen permission of CLEC unless the End User's voice service is so degraded that the End User cannot originate or receive voice grade calls and/or the End User authorizes Qwest to disconnect the data service. Qwest wil notify CLEC whenever this occurs upon voice trouble ticket closure. 9.4.6.3.2 Qwest and CLEC are responsible for their respective End User base. Qwest and CLEC wil have the responsibilty for resolution of any service trouble report(s) initiated by their respective End Users. 9.4.6.3.3 Qwest wil test for electrical faults (e.g. opens, anclor foreign voltage) on Shared Loops in response to trouble tickets initiated by CLEC. When trouble tickets are initiated by CLEC, and such trouble is not an electrical fault (e.g. opens, shorts, and/or foreign voltage) in Qwests network, Qwest wil assess CLEC the TIC Charge. 9.4.6.3.4 When trouble reported by CLEC is not isolated or identified by tests for electrical faults (e.g. opens, shorts, anclor foreign voltage), Qwest may penorm additional testing at the request of CLEC on a case-by-case basis. CLEC may request that Qwest penorm additional testing and Qwest may decide not to penorm requested testing where it believes, in good faith, that additional testing is unnecessary because the test requested has already been penormed or otherwise duplicates the results of a previously penormed test. In this case, Qwest wil provide CLEC with the relevant test results on a case-by-case basis. If this additional testing uncovers electrical fault trouble (e.g. opens, shorts, anclor foreign voltage) in the portion of the network for which Qwest is responsible, CLEC wil not be charged by Qwest for the testing. If this additional testing uncovers a problem in the portion of the network for which CLEC is responsible, Qwest wil assess the appropriate Miscellaneous Charge. 9.4.6.4 When POTS Splitters are installed in Qwest Wire Centers via Common Area Splitter Collocation, CLEC wil order and install additional Splitter cards as necessary to increase the capacity of the POTS Spliters. CLEC wil leave one unused, spare Splitter card in every shelf to be used for repair and maintenance until such time as the card must be used to fil the shelf to capacity. 9.4.6.5 When POTS Splitters are installed in Qwest Wire Centers via standard Collocation arrangements, CLEC may install test access equipment in its Collocation areas in those Wire Centers for the purpose of testing Shared Loops. This equipment must meet the requirements for Central Ofice equipment set by the FCC in its March 31, 1999 Order in CC Docket No. 98-147. 9.4.6.6 Qwest and CLEC wil work together to address End User initiated repair Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -158- Section 9 Unbundled Network Elements requests and to prevent adverse impacts to the End User. 9.4.7 Other 9.4.7.1 Reserved for Future Use. 9.5 Network Interlace Device (NID) 9.5.1 Description The Owest NID is defined as any means of Interconnection of on-premises wiring and Owests distribution plant, such as a cross-connect device used for that purpose. Specifically, the NID is a single-line termination device or that portion of a multiple-line termination device required to . terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to access only a NID (Le., CLEC does not wish to access a Subloop connected to that NID), it may only do so pursuant to this Section 9.5. Owest shall permit CLEC to connect its own Loop facilities to on-premises wiring through Owests NID, or at any other Technically Feasible point. The NID carries with it all features, functions and capabilities of the facilities used to connect the Loop distribution plant to the Customer premises wiring, regardless of the particular design of the NID mechanism. Although the NID provides the connection to the Customer premises wiring, it may not represent the Demarcation Point whereOwest ownership or control of the intra-premises wiring ends. The NID contains a protective ground connection that protects the Customer's on-premises wiring against lightning and other high voltage surges and is capable of terminating media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis, the existing drop and Owests NID, as well as any on premises wiring that Owest owns or controls, wil remain in place and continue to carry the signal over the Customer's on-premises wiring to the End User's equipment. Notwithstanding the foregoing, an Unbundled Loop and any Subloop terminating at a NID shall include the existing drop and the functionalit of theNID as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties: 9.5.1.1 Simple NID - The modular NID is divided into two (2) components, one containing the over-voltage unit (protector) and the other containing the End Usets on- premises inside wiring termination, and a modular plug which connects the inside wire to the distribution plant or dial tone source. The non-modular NID is a protector block with the inside wire terminated directly on the distribution facilities. 9.5.1.2 Smart NID - To the extent Owest has deployed "Smart" devices in general meaning a terminating device that permits the servce provider to isolate the Loop facilty from the premises wiring for testing purposes, and such devices have spare functioning capacit not currently used by Owest or any other provider, Owest shall provide unbundled access to such devices. Owest shall also continue to allow CLEC, at its option, to use all features and functionality of the Owest NID including any protection mechanisms, test capabilties, or any other capabilities now existing or as they may exist in the future regardless of whether or not CLEC terminates its own distribution facilty on the NID. 9.5.1.3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional components: one containing the over-voltage unit (protector) and the other containing the terminations of the on-premises inside wiring. Such devices contain the protectors for, and may be located externally or internally to the premises served. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -159- Section 9 Unbundled Network Elements 9.5.2 Terms and Conditions 9.5.2.1 A CLEC can use the existing Qwest NID to terminate its drop if space permits, otherwise a new NID or other Technically Feasible Interconnection point is required. If CLEC installs its own NID, CLEC may connect its NID to the Qwest NID by placing a cross-connect between the two. When Provisioning a NID to NID connection, CLEC wil isolate the Qwest facilit in the NID by unplugging the modular unit. If CLEC requires that a non-modular unit be replaced with a modular NID, Qwest wil perform the replacement for the charge described in Section 9.5.3.1. If CLEC is a facility based provider up to and including its NID, the Qwest facilit currently in place, including the NID, will remain in place. At no time should either Part remove the other Part's Loop facilties from the other Part's NID. 9.5.2.1.1 Qwest shall allow CLEC to connect its Loops directly to the NID field containing the terminations of the on-premises inside wiring not owned or controlled by Qwest, without restriction. Where Qwest does not own or control the on-premises inside wiring, CLEC and the landowner shall determine procedures for such access. 9.5.2.1.2 Qwest shall allow CLEC to use all features and functionality of the Qwest NID including any protection mechanisms, test capabilties, or any other capabilties now existing or as they may exist in the future. 9.5.2.1.3 Pursuant to generally acceptable work practices, and provided the inside wire re-termination is required to meet service requirements of either Parties' End User Customer. Either Part may remove the inside wire from the NID and connect that wire to that Part's own NID. 9.5.2.1.4 CLEC may enter the subscriber access chamber or "End User Customer side" of "dual chamber" NID enclosures for the purpose of NID to NID connections. 9.5.2.1.5 Upon CLEC request, Qwest wil make other rearrangements to the inside wire terminations or terminal enclosure. Charges will be assessed per section 9.5.3.4. No such charge shall be applicable if Qwest initiates the rearrangement of such terminations. In all such instances, rearrangements shall be performed in a non-discriminatory fashion and timeframe and without a Customer's perceivable disruption in service. Qwest wil not make any rearrangements of wiring that is provided by another Carrier that relocates the other Carrier's test access point without notifing the affected Carrier promptly after such rearrangement if CLEC has properly labeled its cross-connect wires. 9.5.2.2 Qwest wil retain sole ownership of the Qwest NID and its contents on Qwests side. Qwest is not required to proactively conduct NID change-outs, on a wide scale basis. At CLEC's request, Qwest wil change the NID on an individual request basis by CLEC and charges wil be assessed per section 9.5.3.5 except where Section 9.5.5.1 applies. Qwest is not required to inventory NID locations on behalf of CLEC. 9.5.2.3 When CLEC accesses a Qwest NID, it shall employ generally accepted best engineering practices and comply with industry standards should such standards exist when it physically connects its NID (or equivalent) to the Qwest NID and makes Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -160- Section 9 Unbundled Network Elements cross-connections necessary to provide service. At MTE NIDs, CLEC shall clearly label the cross-connect wires it uses to provide service. Owest shall label its terminals when a technician is dispatched. - 9.5.2.4 All services fed through a protector field in a Owest NID located inside a building wil interface on an industry standard termination block and then extend, via a cross-connection to the Customer's in-premises wiring. All services fed through a protector field in a Owest NID that is attached to a building wil interface on industry standard lugs or a binding post type of termination and then extend, via a cross- connection, to the Customer's on-premises wiring. 9.5.2.5 If so requested by CLEC, Owest shall allow CLEC to connect its Loops directly to the protector field at Owest NIDs that have unused protectors and are not used by Owest or any other Telecommunications Carrier to provide service to the premises. If a CLEC accesses theOwest protector field it shall do soon the distribution side of the protector field only where spare protector capacity exists. In such cases, CLEC shall only access a Owest NID protector field in cable increments appropriate to the NID. If twenty-five (25) or more metallc cable pairs are simultaneously terminated at the MTE NID, additions must be in increments of twenty-five (25) additional metallc pairs. In all cases, telecommunications cables entering a Owest NID must be terminated in compliance with FCC 88-57, section 315 of the National Electric Safety Code and section 800.30 of the National Electric Code. 9.5.2.6 Reserved for Future Use. 9.5.3 Rate Elements 9.5.3.1 If CLEC requests the current Simple NID to be replaced with a diferent Simple NID, pursuant to section 9.5.2.1, charges wil be assessed on a time and materials basis with CLEC paying only for the portion of the change out that is.specific to and for the functionality that supports CLEC requirements. 9.5.3.2 Recurring rates for unbundled access to the protector field in a Owest NID are contained in Exhibit A of this Agreement and apply pursuant to 9.5.2.5. 9.5.3.3 When a CLEC requests that Owest perform the work to connect its NID to the Owest NID, the costs associated with Owest performing such work wil be charged to CLEC on a time and materials basis. 9.5.3.4 Where Owest makes 9.5.2.1.5 rearrangements to the inside wire terminations or terminal enclosure on CLEC request pursuant to Section 9.5.2.1.5, charges wil be assessed on a time and materials basis. 9.5.3.5 CLEC wil be biled on a time and materials basis for any change out Owest performs pursuant to Section 9.5.2.2. CLEC wil be biled only for the portion of the change out that is specific to the CLEC request for additional capacity. 9.5.4 Ordering Process 9.5.4.1 Reserved for Future Use. Qwest Idaho SGAT - Second Revision, December 10, 2001 1125/02/HAH for LHIXO Idaho/CDS-020124-0083 - 161 - Section 9 Unbundled Network Elements 9.5.4.2 CLEC may access a MTE NID after determining that the terminal in question is a NID. Qwest shall have ten (10) calendar days to respond to such an inquiry. If the terminal is a NID and CLEC wishes to access the Customer field of the NID, no additional verification is needed by Qwest. CLEC shall tag their jumper wire. 9.5.4.2.1 When CLEC seeks to connect to a cross-connect field other than to the Customer field of the NID, CLEC shall submit a LSR for connection to the NID. Qwest shall notif CLEC, within ten (10) business days, if the connection is not Technically Feasible. In such cases, Qwest shall inform CLEC of the basis for its claim of technical infeasibility and, at the same time, identify all alternative points of connection that Qwest would support. CLEC shall have the option of employing the alternative terminal or disputing the claim of technical infeasibility pursuant to the dispute resolution provisions of this Agreement. No additional verification is needed by Qwest and CLEC shall tag their jumper wire. 9.5.4.3 Subject to the terms of 9.5.4.2, CLEC may perform a NID-to-NID connection, according to 9.5.2.3, and access the Customer field of the NID without notice to Qwest. CLEC may access the protector field of the NID by submiting a LSR. 9.5.5 Maintenance and Repair 9.5.5.1 If Qwest is dispatched to an End User's location on a maintenance issue and finds the NIDto be defective, Qwest wil replace the defective element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and lines have been removed from the protector field or damaged by CLEC, CLEC wil be responsible for all costs associated with returning the facilties and lines back to their original state. Charges for this work wil be on a time and materials basis and biled directly to CLEC. Biling disputes wil be resolved in accordance with the dispute resolution process contained in this Agreement. Maintenance and Repair processes are contained in the Support Functions Section of this Agreement. 9.6 Unbundled Dedicated Interoffice Transport (UDIT) Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non- discriminatory manner according to the following terms and conditions. 9.6.1 Description 9.6.1.1 Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a Network Element of a single transmission path between Qwest end offices, Serving Wire Centers or tandem switches in the same LATA and state. A UDIT can also provide a path between one CLEC in one Qwest Wire Center and a diferent CLEC in another Qwest Wire Center. Extended Unbundled Dedicated Interoffice Transport (EUDIT) provides CLEC with a bandwidth specific transmission path between the Qwest Serving Wire Center to CLEC's Wire Center or an IXC's Point of Presence located within the same Qwest Serving Wire Center area. UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffice transmission path designed to a DSX in each Qwest Wire Center. Qwest shall allow CLEC to access UDIT that is a part of a Meet Point arrangement between Qwest and another Local Exchange Carrier if CLEC has an Interconnection agreement containing access to UDIT with connecting Local Exchange Carrier at the determined Meet Point. Qwest rates, terms and conditions shall apply to Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -162- Section 9 Unbundled Network Elements the percentage of the route owned by Qwest. EUDIT is a flat-rated, bandwidth-specific interoffice transmission path. EUDIT and UDIT are available in DSO through OC-192 bandwidths and such higher capacities as evolve over time where facilities are available. EUDIT and UDIT in bandwidths up to OC-48 are defined products. Higher bandwidths can be ordered using the Special Request Process. ClEC can assign channels and transport its choice of voice or data. Specifications, interfaces and parameters are described in Qwest Technical Publication 77389. 9.6.1.2 An unbundled multiplexer is offered as an optional stand-alone element associated with UDIT. A 3/1 multiplexer provides ClEC with the abilit to multiplex the DS3 44.736 Mbps signal to 28 DS1 1.544 Mbps channels. The 3/1 multiplexer, in conjunction with an ITP, provides a DS3 signal terminated at a Demarcation Point and 28 DS1 signals terminated at a Demarcation Point. A 1/0 multiplexer provides ClEC with the abilit to multiplex the DS1 1.544 Mbps signal to 24 DSO 64 Kbps channels. The 1/0 multiplexer provides a DS1 signal terminated at a Demarcation Point and 24 DSO signals terminated at a Demarcation Point. SONET add/drop multiplexing is available on an ICB basis where facilties are available and capacity exists. 9.6.2 Terms and Conditions 9.6.2.1 To the extent that ClEC is ordering access to a UNE Combination, and cross-connections are necessary to combine UNEs, Qwest wil perform requested and necessary cross-connections between UNEs in the same manner that it would perform such cross-connections for its End User Customers or for itself. If not ordered as a combination, ClEC is responsible for performing cross-connections at its Collocation or other mutually determined Demarcation Point between UNEs and ancilary or Finished Services, and for transmission design work including regeneration requirements for such connections. Such cross-connections wil not be required of ClEC when ClEC orders a continuous Dedicated Transport element from one point to another. 9.6.2.2 ClEC must order all multiplexing elements (if it chooses the multiplexing option) and regeneration requirements with its initial installation for the 3/1 multiplexer, including all 28 DS1s and the settings on the multiplexer cards. If options are not selected and identified on the order by ClEC, the order wil be held until options are selected. For the 1/0 multiplexer, the low side channels may be ordered as needed. low Side Channelization charges are assigned as channels are ordered. When loops are ordered in combination with multiplexing, Qwest wil provision loops directly terminated to the multiplexer. 9.6.2.3 With the exception of combinations provided through the UNE Combinations Section, Section 9.23, ClEC may utilze any form of Collocation at both ends of the UDIT. Collocation is required at the Qwest Central Office end of EUDIT. When UDIT and EUDIT are ordered together, at the same bandwidth, to forma single transmission path, Collocation is required only when one end of the unbundled transport terminates in a Qwest Central Ofice. If regeneration is required only between the UDIT or EUDIT termination point (the DSX panel or equivalent) and ClECs Collocation, ClEC must order such regeneration pursuant to Section 9.1.4 and the charges listed in Exhibit A wil apply. Channel regeneration charges shall not apply if Qwest fails to make available to ClEC: (a) a requested, available location at which regeneration would not be necessary or; (b) Collocation space that would have been available and sufficient but for its reservation for the future use of Qwest. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -163- Section 9 Unbundled Network Elements 9.6.2.4 CLEC shall not use EUDIT as a substitute for special or Switched Access Services, except to the extent CLEC provides such services to its End User Customers in association with Local Exchange Services. Pending resolution by the FCC, Owest wil not apply the local use restrictions contained in 9.23.3.7.2. 9.6.2.5 For DS1 EUDIT, Owest may provide existing copper to CLEC's Serving Wire Center. For EUDIT above DS1, Owest provides an optical interface at the location requested by CLEC. 9.6.2.6 At the terminating location for each EUDIT, space shall be provided to Owest for the necessary termination equipment. 9.6.2.7 EUDIT cannot traverse a Owest Wire Center. 9.6.3 Rate Elements 9.6.3.1 DS1 UDIT rates are contained in Exhibit A of this Agreement and include the following elements: a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 1.544 Mbps between Owest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DS1 UDIT. The mileage is calculated between the originating and terminating offices. c) DS1 EUDIT Facility Rate Element. This recurring rate element provides a transmission path of 1.544 Mbps between a Owest Wire Center and CLEC Wire Center or IXC Point of Presence. This is a non-distance sensitive rate element. d) DS1 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DS1 service. e) DS1 EUDIT Nonrecurring Charge. This one-time charge applies for the specific work activity associated with the installation of a DS1 EUDIT Facilty. 9.6.3.2 DS3 UDIT rates are contained in Exhibit A of this Agreement and include the following elements: a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 44.736 Mbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides an interoffice transmission path of 44.736 Mbps between Owest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DS3 UDIT. The mileage is calculated between the originating Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LH/XO Idaho/CDS-020124-0083 -164- Section 9 Unbundled Network Elements and terminating offices. c) DS3 EUDlT Facility Rate Element. This recurring rate element provides a transmission path of 44.736 Mbps between a Qwest Serving Wire Center and CLEC's Serving Wire Center or IXC Point of Presence. This is a non-distance sensitive element. d) DS3 Nonrecurring Charge. One-time charges apply for a specific work activit associated with installation of the DS3 service. e) DS3 EUDIT Facilit Nonrecurring Charge. This one-time charge applies for the specific work activity associated with the installation of a DS3 EUDIT Facilty. 9.6.3.3 DSO UDIT rates are contained in Exhibit A of this Agreement and include the following elements: a) DSO Transport Termination (Fixed) Rate Element. This recurring rate element provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) DSO Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 64 Kbps between Qwest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DSO UDIT. The mileage is calculated between the originating and terminating offices. c) DSO Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DSO service. 9.6.3.4 OC-3 UDIT rates are contained in Exhibit A of this Agreement and include the following elements: a) OC-3 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 155.52 Mbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) OC-3 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 155.52 Mbps between QwestWire Centers. This is a distance sensitive element based on the V&H coordinates of the OC-3 UDIT. The mileage is calculated between the originating and terminating offices. c) OC-3 EUDIT Facilit Rate Element. This recurring rate element provides a transmission path of 155.52 Mbps between a Qwest Serving Wire Center and CLEC's Serving Wire Center or IXC Point of Presence. This is a non-distance sensitive element. d) OC-3 Nonrecurring Charge. One-time charges apply for a specific work activit associated with installation of the OC.3 service. e) OC-3 EUDIT Facility Nonrecurring Charge. This one-time charge Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -165- Section 9 Unbundled Network Elements applies for the specific work activity associated with the installation of an OC-3 EUDIT Facilit. 9.6.3.5 OC-12 UDIT rates are contained in Exhibit A of this Agreement and include the following elements: a) OC-12 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 622.08 Mbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) OC-12 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 622.08 Mbps between Owest Wire Centers. This is a distance sensitive element based on the V&H coordinates of the OC-12 UDIT. The mileage is calculated between the originating and terminating offices. c) OC-12 EUDIT Facilty Rate Element. This recurring rate element provides a transmission path of 622.08 Mbps between a Owest Serving Wire Center and CLEC's Serving Wire Center or IXC Point of Presence. This is a non-distance sensitive element. d) OC-12 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the OC-12 service. e) OC-12 EUDIT Facilit Nonrecurring Charge. This one-time charge applies for the specific work activity associated wih the installation of an OC-12 EUDIT Facility. 9.6.3.5.1 OC-48 UDIT rates are contained in Exhibit A of this Agreement and include the following elements: a) OC-48 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 2.488 Gbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) OC-48 Transport Facilties (Per Mile) Rate Element. This recurring rate element provides a transmission path of 2.488 Gbps between Owest Wire Centers. This is a distance sensitive element based on the V&H coordinates of the OC-48 UDIT. The mileage is calculated between the originating and terminating offices. c) OC-48 EUDIT Facilty Rate Element. This recurring rate element provides a transmission path of 2.488 Gbps between a Owest Serving Wire Center and CLEC's Servng Wire Center or IXC Point of Presence. This is a non-distance sensitive element. d) OC-48 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the OC-48 service. e) OC-48 EUDIT Facility Nonrecurring Charge. This one-time Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -166- Section 9 Unbundled Network Elements charge applies for the specific work activit associated with the installation of an OC-48 EUDIT Facilty. 9.6.3.6 Low Side Channelization (LSC) Charge. A recurring charge for low side multiplexed channel cards and settings at each end of the DSO UDIT. 9.6.3.7 3/1 multiplexing rates are contained in Exhibit A of this Agreement, and include the following: a) Recurring Multiplexing Charge. The DS3 Central Ofice Multiplexer provides de-multiplexing of one DS3 44.736 Mbps to 28 1.544 Mbps channels. b) Nonrecurring Multiplexing Charge. One-time charges apply for a specific work activity associated with installation of the multiplexing servce. 9.6.3.8 1/0 multiplexing rates are contained in Exhibit A of this Agreement, and include the following charges: a) Recurring Multiplexing Charge. The DSO Central Ofice multiplexer provides de-multiplexing of one DS1 1.544 Mbps to 24 64 Kbps channels. b) Nonrecurring Multiplexing Charge. One-time charges apply for a specific work activity associated with installation of the multiplexing service, including low side channelization of all 28 channels. c) Low Side Channelization (LSC). A recurring charge for low side multiplexed channel cards and settings plus a nonrecurring charge for each individuai channelization Provisioning. 9.6.3.9 Rearrangement rates are contained in Exhibit A of this Agreement. 9.6.4 Ordering Process 9.6.4.1 Ordering processes and installation intervals are as follows: 9.6.4.1.1 UDIT is ordered via the ASR process. Ordering processes are contained in the Support Functions Section of this Agreement. 9.6.4.1.2 Reserved for Future Use. 9.6.4.1.3 The interval wil start when Qwest receives a complete and accurate Access Service Request (ASR). This date is considered the start of the installation interval if the order is received prior to 3:00 p.m. The installation interval wil begin on the next business day for service requests received after 3:00 p.m. The installation intervals have been established and are set forth in Exhibit C, Section 2.0 of this Agreement. 9.6.4.1.4 Subsequent changes to the quantity of services on an existing order wil require a revised order. Also, additional charges apply for the following modifications to existing orders unless the need for such change is caused by Qwest: Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -167- Section 9 Unbundled Network Elements a) Service date changes; b) Partial cancellation; c) Design change; and d) Expedited order. 9.6.4.1.5 An order may be canceled any time up to and including the Service Date. Cancellation charges wil apply except when: a) The original Due Date or CLEC-initiated subsequent Due Date was, or CLEC has been notified by Qwest that such Due Date wil be, delayed ten (10) business days or longer; or b) The original Due Date has been scheduled later than the expiration of the standard interval set forth in Exhibit C and CLEC cancels its order no later than ten (10) days before such original Due Date. 9.6.4.1.6 Definitions of the most common critical dates that occur during the ordering and installation process are included in the Definitions Section of this Agreement. 9.6.4.2 UDIT is ordered with basic installation. Qwest will install the UDIT extending connections to CLEC Demarcation Point and wil notify CLEC when the work activity is complete. 9.6.4.3 UDIT 3/1 multiplexing is provisioned as a complete system with terminations at the Demarcation Point and all multiplexing cards. CLEC must order settings for all cards at the time of the multiplexing request. 9.6.4.4 For UDIT 1/0 multiplexing, the high side is fully provisioned with the order. The low side is provisioned when low side channels are ordered. Optional card settings are selected by CLEC at the time of the DSO order. 9.6.4.5 Qwest wil perform industry standard tests, set forth in Technical Publication 77389, when installng UDIT service. 9.6.4.6 Reserved for Future Use. 9.6.5 Maintenance and Repair 9.6.5.1 The Parties wil perform cooperative testing and trouble isolation to identify where trouble points exist. CLEC cross-connections wil be repaired by CLEC and Qwest cross-connections wil be repaired by Qwest. Maintenance and Repair processes are contained in the Support Functions Section of this Agreement. 9.6.6 Rearrangement 9.6.6.1 CLEC can submit requests through the ASR process to move or rearrange UDIT or EUDIT terminations on CLEC's Demarcation Point or to change UDIT or EUDIT options. These rearrangements are available through a single office or dual Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -168- Section 9 Unbundled Network Elements office request. Single office rearrangements are limited to the change in options or movement of terminations within a single Wire Center. Dual office rearrangements are used to change options or movement of terminations in two (2) Wire Centers. Rearrangement is only available for in-place and working UDITs or EUDITs. 9.6.6.2 The rearrangement of terminations or option changes are completed as an "uncoordinated change" (basic request) and wil be completed within the normal intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of terminations or options changes, additional labor installation as identified in Exhibit A shall apply. 9.6.6,3 CLEC wil submit an ASR with the rearrange USOC and appropriate termination information (e.g. CFA) or NC/NCI codes (Network Channel Codes/Network Channel Interface Codes). 9.7 Unbundled Dark Fiber 9.7.1 Description 9.7.1 Unbundled Dark Fiber (UDF) is a deployed, unlit pair of fiber optic cable or strands that connects two points within Qwests network. UDF is a single transmission path between two Qwest Wire Centers, or between a Qwest Wire Center and a CLEC Wire Center, or between a Qwest Wire Center and either an appropriate outside plant structure or an End User Customer premises in the same LATA and state. UDF exists in three (3) distinct forms: (a) UDF Interoffice Facility (UDF-IOF), which constitutes an deployed route between two Qwest Wire Centers; and (b) UDF-Loop, which constitutes a deployed Loop or section of a deployed Loop between a Qwest Wire Center and an End User Customer premises; and (c) Extended UDF (E-UDF) which constitutes a deployed route between a Qwest Wire Center and a CLEC Wire Center. Deployed Dark Fiber facilties shall include Dark fiber Qwest has obtained with capitalized Indefeasible Right to Use (IRUs) or capitalized leases that do not prohibit Qwests abilty to provided access to another person or entit. Deployed Dark Fiber facilities shall not be limited to facilities owned by Qwest, but wil include in place and easily called into service facilities to. which Qwest has otherwise obtained a right of access, including but not limited to capitlized Indefeasible Right to Use (IRUs) or capitalized leases. Qwest shall not be required to extend access in a manner that is inconsistent with the restrictions and other terms and conditions that apply to Qwests access; however, in the case of access obtained from an Affiliate: (a) the actual practice and custom as between Qwest and the Affiliate shall apply, in the event that it provides broader access than does any documented agreement that may exist, and (b) any terms restricting access by CLEC that are imposed by the agreement with the affiliate (excluding good-faith restrictions imposed by any agreement with a third part from whom the affiliate has gained rights of access) shall not be applied to restrict CLEC accss. 9.7.2 Terms and Conditions 9.7.2.1 Qwest wil provide CLEC with non-discriminatory access to UDF in accordance with section 9.1.2. Qwest wil provide UDF of substantially the same quality as the fiber facilities that Qwest uses to provide retail service to its own End User Customers. 9.7.2.2 Qwest provides access to unbundled Dark Fiber at: 9.7.2.2.1 Accessible terminations such as fiber distribution panels. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -169- Section 9 Unbundled Network Elements 9.7.2.2.2 Splice cases (except those that are buried and are not readily accessible without excavation) in the UDF-Loop and E-UDF subject to the following conditions: 9.7.2.2.2.1 Unspliced fiber is available, subject to Section 9.7.2.5; 9.7.2.2.2.2 Available unspliced fiber is not ribbon fiber; 9.7.2.2.2.3 Splice capacity is available in the Qwest splice case; 9.7.2.2.2.4 Space exists for CLEC splice case; 9.7.2.2.2.5 Qwest wil perform splice in Qwest splice case; 9.7.2.2.2.6 CLEC shall not have access to Qwests splice case; 9.7.2.2.2.7 Qwest wil provide a fiber stub for CLEC to splice the Qwest fiber stub to CLEC fiber strand in CLEC splice case; 9.7.2.2.2.8 Qwest wil perform all splices in Qwest splice case when CLEC is not providing fiber facilities; 9.7.2.2.2.9 Qwest wil not open or break any existing splices on continuous fiber optic cable routes. Where the end of a fiber optic strand exists in a splice case, Qwest wil open that splice case and stub out the end of the Dark Fiber strand for CLEC; 9.7.2.2.2.10 CLEC wil perform splices in CLEC splice case per Technical Publication 77383; 9.7.2.2.2.11 Qwest wil perform all modifications associated with access to UDF via splicing under the terms of Exhibit A; and 9.7.2.2.2.12 All access is subject to the Field Verification and Quote Preparation (FVQP). 9.7.2.2.3 CLEC may request placement of a FDP at any building or controlled environment location in the Qwest network in order to access unterminated UDF pursuant to Section 9.19. 9.7.2.3 Qwest wil provide CLEC with access to deployed Dark Fiber facilities. CLEC shall be responsible for obtaining and connecting electronic equipment, whether light generating or light terminating equipment, to the Dark Fiber. Qwest wil not remove, and CLEC shall be permited to use, regenerating equipment that already exists in mid- span. 9.7.2.4 Qwest wil provide Unbundled Dark Fiber to CLEC in increments of two (2) strands (by the pair). In addition, after May 31, 2001, Qwest wil provide UDF to CLEC in increments of one (1) strand. CLEC may obtain up to twenty-five percent (25%) of available Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber cable segment over a twelve (12) month period. Before CLEC may order Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124.0083 -170- Section 9 Unbundled Network Elements additional UDF on such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in each cable segment. Efficient use of interoffice cable segments is defined as providing a minimum of OC-12 termination on each fiber pair. Efficient use of Loop fiber is defined as providing a minimum of OC-3 termination on each fiber pair. Efficient use of E -UDF is defined as providing a minimum of OC -3 termination on each fiber pair. CLEC may designate five percent (5%) of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or strands are not subject to the termination requirements in this paragraph. 9.7.2.5 Qwest shall not have an obligation to unbundle Dark Fiber in the following circumstances: a) Qwest wil not unbundle Dark Fiber that Qwest utilizes for maintenance or reserves for maintenance spare for Qwests own use. Qwest shall not reserve more than five percent (5%) of the fibers in a sheath, or two (2) strands, whichever is greater, for maintenance or maintenance spare for Qwests own use. b) Qwest wil not be required to unbundle Dark Fiber if Qwest demonstrates to the Commission by a preponderance of the evidence that such unbundling would create a likely and foreseeable threat to its ability to meet its Carrier of last resort obligations as established by any regulatory authority. Qwest shall initiate such proceeding within seven (7) calendar days of denying CLEC's request (by written notice) to unbundle Dark Fiber where such fiber is available. In this proceeding, Qwest shall not object to using the most expeditious procedure available under state law, rule or regulation. Qwest shall be relieved of its unbundling obligations, related to the specific Dark Fiber at issue, pending the proceeding before the Commission. If Qwest fails to initiate such pending proceeding within such seven (7) day period, CLEC's request to unbundle Dark Fiber shall be reinstated and the ordering and Provisioning processes of Section 9.7.3 shall continue. 9.7.2.6 Qwest wil provide CLEC with access to the deployed Dark Fiber in its network in either single-mode or multi-mode. During the inquiry process, Qwest wil inform CLEC of the availabilty of single-mode and multi-mode fiber. 9.7.2.7 Specifications, interfaces and parameters for Dark Fiber are described in Qwests Technical Publication 77383. 9.7.2.8 Qwest. CLEC is responsible for trouble isolation before reporting trouble to 9.7.2.9 CLEC shall not use UDF as a substitute for special or Switched Access Services, except to the extent CLEC provides "a significant amount of local exchange traffic" to its End Users over the UDF as set forth by the FCC (See 9.23.3.7.2). 9.7.2.10 Upon thirt (30) calendar days notification to CLEC, Qwest may initiate a proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User Customers at the time of Qwests notice to CLEC. In such proceeding, Qwest shall have the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of last resort obligations as established by any regulatory authorit. In such proceeding, Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 - 171 - Section 9 Unbundled Network Elements CLEC shall not object to using the most expeditious procedure available under state law, rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose permitted under this Agreement pending the proceeding before the Commission; provided, however, that such use shall be at CLEC's sole risk of any reclamation approved by the Commission, including the risk of termination of service to End User Customers. CLEC may designate five percent (5%) of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or strands are not subject to the reclamation requirements in this paragraph. 9.7.2.11 Reserved for Future Use. 9.7.2.12 CLEC must have established Collocation or other Technically Feasible means of network demarcation pursuant to section 9.1.4 of this Agreement at both terminating points of the UDF-IOF or at the Serving Wire Center of either the UDF-Loop or the E -UDF unless Loop and transport combinations are ordered. Qwest wil provide fiber cross connects at the Serving Wire Center to connect UDF-Loop or E-UDF with the UDF-IOF if such elements are ordered in combination. No Collocation is required in intermediate Central Ofices within a UDF or at Central Ofices where CLEC's UDFs are cross connected. CLEC has no access to UDF at those intermediate Central Ofices. 9.7.2.12.1 CLEC-to-CLEC connections with UDF for the mutual exchange of traffic is permissible pursuant to the provisions in Section 9.7. 9.7.2.13 For UDF-Loop, CLEC is responsible for all work activities at the End User premises. All negotiations with the premises end user and or premises owner are solely the responsibility of CLEC. 9.7.2.14 For a UDF-Loop terminating at an existing End User premises FDP, Qwest wil provide to CLEC an optical "jumper", not to exceed thirty (30) feet in length, connected to the Qwest UDF-Loop FDP. 9.7.2.15 The Remote Collocation provisions and §9.3.8.1 of this Agreement apply where CLEC needs to gain access to UDF at an outside plant structure. 9.7.2.16 CLEC wil incur all costs associated with disconnecting the UDF from its side of the network Demarcation Point. 9.7.2.17 Qwest and CLEC wil jointly participate in continuity testing within the Provisioning interval established in Exhibit C. Qwest and CLEC must coordinate on the date and time for this continuity testing. As part of their respective duties regarding this continuity test, Qwest shall furnish a light detector at one termination point of the UDF, and CLEC shall furnish light generating equipment at the other termination point of the UDF as described below: 9.7.2.17.1 UDF-IOF: Qwest and CLEC shall mutually agree on the Wire Center at which Qwest must provide a light detector and the Wire Center at which CLEC must provide light generating equipment. 9.7.2.17.2 UDF-Loop: Qwest wil provide the light detector at the Serving Wire Center, and CLEC wil provide the light generating equipment at the appropriate outside plant structure or End User Customer premises. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS.020124.0083 -172- Section 9 Unbundled Network Elements 9.7.2.17.3 E-UDF: Qwest wil provide the light detector atthe Serving Wire Center, and CLEC wil provide the light generating equipment at the CLEC Wire Center. 9.7.2.18 If, within ten (10) days of the date Qwest provisioned an order for UDF, CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet the minimum parameters set forth in Technical Publication 77383, and if the trouble is in the Qwest UDF facility, not due to fault on the part of CLEC, then Qwest wil at no additional cost, attempt to repair the UDF as it relates to Qwest cross connects and jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth in Technical Publication 77383, Qwest wil replace the UDF if suitable UDF pair(s) are available, at no additional nonrecurring charge. If Qwest cannot replace the UDF upon receipt of a CLEC disconnect order, Qwest wil refund the nonrecurring charges associated with the Provisioning excluding IRI, FVQP and Field Verification and wil discontinue all recurring charges. 9.7.2.19 Qwest shall allow CLEC's to access UDF Loops, or sections of UDF Loops, at accessible terminals including FDPS or equivalent in the Central Ofice, Customer premises or at Qwest owned outside plant location (e.g. CEV, RT or hut). 9.7.2.20 Qwest shall allow CLEC to access Dark Fiber that is a part of a Meet Point arrangement between Qwest and another Local Exchange Carrier if CLEC has an Interconnection agreement containing access to Dark Fiber with the connecting Local Exchange Carrier. Qwest rates, terms and conditions shall apply to the percentage of the route owned by Qwest. 9.7.3 Ordering Processes Ordering processes and installation intervals are as follows: 9.7.3.1 The first step of the UDF ordering process is the inquiry process. The UDF inquiry is used to determine the availabilty of UDF between any two requested locations: between two (2) Qwest Wire Centers, between a Qwest Wire Center and an End User premises, or between a Qwest Wire Center and an appropriate outside plant structure, or a Qwest Wire Center and a CLEC Wire Center. 9.7.3.1.1 CLEC must submit a UDF inquiry through its account team. CLEC must specify the two (2) locations and the number of fibers requested. 9.7.3.1.2 Qwest wil notify CLEC, within the interval set forth in Exhibit C of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is not available to satisfy CLEC's request; or (ii) Qwest, in writing, denies CLEC's request pursuant to Section 9.7.2.5 (b), Qwest shall provide writen notice of denials pursuant to (iii) above. 9.7.3.1.3 If there is UDF available, the UDF Inquiry Response wil contain up to five (5) available UDF routes between the CLEC-specified end locations. If additional routes are available, Qwest wil notify CLEC that such additional routes exist and negotiate how that additional information wil be made available. 9.7.3.2 CLEC wil establish network Demarcation Points to accommodate UDF Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -173- Section 9 Unbundled Network Elements optical terminations via Collocation or other Technically Feasible means or network demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other network demarcation arrangements have not been completed, CLEC must have obtained preliminary APOT address information (CFA - Carrier Facilty Assignment) for its network Demarcation Points in each Qwest Wire Center where the UDF terminates prior to placing an order for UDF. When preliminary APOT has been established and delivered to CLEC, Qwest can begin processing the UDF Provisioning order upon receipt of the UDF Provisioning request. If the preliminary APOT address is changed by CLEC, a new Provisioning time line for UDF must be established. 9.7.3.3 Based on the CLEC request (UDF-Loop, UDF-IOF or E -UDF), there are two (2) possible termination scenarios. 9.7.3.3.1 Termination at an Outside Plant Structure: If CLEC requests UDF-Loop going to an outside plant structure such as a Controlled Environmental Vault (CEV), or Remote Terminal (RT), the Remote Collocation provisions of this Agreement wil apply. Qwest wil prepare and submit to CLEC a quote along with the original Field Verification Quote Preparation form (FVQP) within the interval set forth in Exhibit C. Quotes are on an Individual Case Basis (ICB) and wil include costs and an interval in accordance with Exhibit C. 9.7.3.3.2 Reserved for Future Use. 9.7.3.3.3 Termination at Qwest Wire Center, End User premises or CLEC Wire Center: If spare fiber is available, and CLEC chooses to proceed, and the request is for UDF-IOF, UDF-Loop going to an End User premises, or E-UDF going to a CLEC Wire Center, Qwest wil begin the Provisioning process upon notification from CLEC to proceed and the receipt of fif percent (50%) of the nonrecurring charges. The notification to proceed is accomplished by completing, signing and returning the original inquiry request to the account manager. Provisioning intervals for this type of request are set forth in Exhibit C. CLEC wil be notified that Provisioning is complete and the remaining nonrecurring charges and associated recurring charges wil be biled. 9.7.3.4 An order may be canceled any time up to and including the Service Date. Cancellation charges will apply. 9.7.3.5 CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior to reserving space, CLEC must place an inquiry pursuant to section 9.7.3.1 of this Agreement and receive a UDF Inquiry Response that reflect that the route to be reserved is available. CLEC is also strongly encouraged to request a Field Verification that the route to be reserved is available. If CLEC does not obtain Field Verification, CLEC assumes the risk that records upon which the UDF Inquiry Response is based may be in error. CLEC may reserve UDF for thirt (30), sixty (60), or ninety (90) days. CLEC may extend or renew reservations if there is delay in completion of the Collocation build. All applicable UDF recurring charges specified in sections 9.7.5.2 wil be assessed at the commencement of the reservation. Nonrecurring charges for Provisioning and cross connects wil be assessed at the time of installation. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -174- Section 9 Unbundled Network Elements 9.7.4 Maintenance and Repair 9.7.4.1 The Parties wil perform cooperative testing and trouble isolation to identify where trouble points exist. CLEC Cross Connections wil be repaired by CLEC and Owest Cross Connections wil be repaired by Owest. Maintenance and Repair processes are contained in the Support Functions Section of this Agreement 9.7.4.2 If it is determined that the UDF does not meet the minimum parameters of Technical Publication 77383 without fault of CLEC, and if the trouble is in the Owest UDF facilit, then Owest wil attempt to repair the UDF as it relates to Owest cross connects and jumper at no additional cost. If Owest cannot repair the UDF to the minimum parameters set forth in Technical Publication 77383, then Owest wil replace the UDF at no additional cost if suitable UDF pair(s) are available. If Owest cannot replace the UDF with available pairs, then it, upon receipt of a CLEC disconnect order, wil discontinue the recurring charges effective as of the date of the commencement of the trouble. 9.7.5 Rate Elements 9.7.5.1 Dark Fiber rates are contained in Exhibit A of this Agreement and include the following elements: a) Initial Records Inquiry (IRI). This rate element is a pre-order work effort that investigates the availability of UDF. This is a one-time charge for each route check requested by CLEC. A simple IRI determines if UDF is available between two Owest Wire Centers or between a Owest Wire Center and Owest Customer premises. A complex IRI determines if UDF is available between a Owest Wire Center and an outside structure (CEV, Hut, etc.) along the Loop fiber route. Owest will bil CLEC the IRI immediately upon receipt of the inquiry. The IRI is a record search and does not guarantee the availability of UDF. b) Field Verification and Ouote Preparation (FVOP). This rate element is a pre-order work effort to estimate the cost of providing UDF access to CLEC at locations other than Owest Wire Centers or an End User premises. Owest wil prepare a quote which wil explain what work activities, timeframes, and costs are associated with providing access to this FDP location. This quote wil be good for thirt (30) calendar days. The FVOP is not necessary when the request is between Owest Wire Centers or between a Owest Wire Center and Customer premises (Le., IRI). If FVOP is applicable pursuant to this section and CLEC orders UDF that has been reserved after a Field Verification has been performed, then the charge for FVOP wil be reduced by the amount of the Field Veriication charge assessed in the context of the reservation. c) Field Verification. This rate element is a work effort performed at CLEC's option before placing a request to reserve UDF to verify the availability of UDF that CLEC desires to reserve. 9.7.5.2 The following rate elements are used once the availabilty of UDF has been established and CLEC chooses to access UDF. 9.7.5.2.1 Unbundled Dark Fiber - IOF Rate Elements Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -175- Section 9 Unbundled Network Elements a) UDF-IOF Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice FDP within the Owest Wire Center. Two UDF-IOF terminations apply per pair. Termination charges apply for each intermediate office terminating at an FDP or like cross connect point. b) UDF-IOF Fiber Transport, (Per Pair) Rate Element. This rate element has both a recurring and a nonrecurring component and applies per pair. This rate element provides a transmission path between Owest Wire Centers. The recurring component of this rate element is mileage sensitive based on the route miles of theUDF rounded up to the next mile. c) UDF-IOF Fiber Cross-Connect Rate Element. This rate element has both a recurring and nonrecurring component and is used to extend the optical connection from the IOF FDP to CLEC's optical Demarcation Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply per pair. Cross-connect charges apply for each intermediate office terminating at an FDP or like cross connect point. The nonrecurring rate wil not be charged for cross connects already in place prior to CLEC's order for UDF-IOF. 9.7.5.2.2 Unbundled Dark Fiber - Loop Rate Elements a) UDF-Loop Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice FDP within the Owest Wire Center and at either the Customer premises or an appropriate outside plant structure. Two UDF-Loop terminations apply per pair. b) UDF-Loop Fiber (Per Pair) Rate Element. This rate element has both a recurring and a nonrecurring component, and it applies per pair. This rate element provides a transmission path between the Owest Serving Wire Center and either the Customer premises or an appropriate outside plant structure. c) UDF-Loop Fiber Cross-Connect Rate Element. This rate element has both a recurring and nonrecurring component, is applied per pair, and is used to extend the optical connection from FDP to FDP. The nonrecurring rate wil not be charged for cross connects already in place prior to CLEC's order for UDF-Loop. 9.7.5.2.3 Extended Unbundled Dark Fiber Rate Elements a) E-UDF Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice FDP within the Owest Wire Center and at the CLEC Wire Center. Two E-UDF terminations apply per pair. b) E-UDF Fiber (Per Pair) Rate Element. This rate element has both a recurring and a nonrecurring component, and it applies per pair. This Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -176- Section 9 Unbundled Network Elements rate element provides a transmission path between the Qwest Serving Wire Center and the CLEC Wire Center. c) E-UDF Fiber Cross Connect Rate Element. This rate element has both a recurring and nonrecurring component, is applied per pair, and is used to extend the optical connection from FDP to FDP. The nonrecurring rate wil not be charged for cross connects already in place prior to CLEC's order for E-UDF. 9.8 Shared Interoffice Transport 9.8.1 Description 9.8.1.1 Shared Transport is defined as interoffice transmission facilties shared by more than one carrier, including Qwest, between End Ofice Switches, between End Ofice Switches and tandem switches (local and access tandems), and between tandem switches. 9.8.2 Terms and Conditions 9.8.2.1 Shared Transport is only provided with Unbundled Local Switch Ports and Unbundled Network Element-Platform (UNE-P), as described in the UNE Combinations Section. The existing routing tables resident in the Switch wil direct both Qwest and CLEC traffic over Qwests interoffice message trunk network. 9.8.2.2 CLEC may custom route operator services or directory assistance calls to unique operator services/directory services trunks. 9.8.2.3 Qwest has the following obligations with respect to Shared Transport: a) Provide Shared Transport in a way that enables the traffic of CLEC to be carried on the same transport facilities that Qwest uses for its own traffic. b) Provide Shared Transport transmission facilities between End Ofice Switches, between end office and tandem switches, and between tandem switches in its network. c) Permit CLEC that purchases unbundled Shared Transport and unbundled switching to use the same routing table that is resident in Qwests Switch. d) Permit CLEC to use shared (or dedicated) transport as an unbundled element to carry originating access traffic from, and terminating to, Customers to whom CLEC provides Local Exchange Service. 9.8.3 Rate Elements 9.8.3.1 Shared Transport wil be biled on a minute-of-use basis in accordance with the UNE rates described in Exhibit A. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -1n- Section 9 Unbundled Network Elements 9.8.4 Ordering Process 9.8.4.1 Shared Transport is ordered with Unbundled Line Port and Unbundled Local Switching via the LSR process. Shared transport is assumed to be the choice of routing when ordering a Port, unless specified diferently by CLEC. Installation intervals are incorporated in the Unbundled Line Port and are listed in the PCAT. 9.8.5 Maintenance and Repair 9.8.5.1 Maintenance and Repair are the sole responsibilty of Qwest. 9.9 Unbundled Customer Controlled Rearrangement Element (UCCRE) Qwest shall provide Unbundled Customer Controlled Rearrangement Element (UCCRE) in a non-discriminatory manner according to the following terms and conditions. 9.9.1 Description 9.9.1.1 Unbundled Customer Controlled Rearrangement Element (UCCRE) provides the means by which CLEC controls the configuration of Unbundled Network Elements (UNEEs) or ancilary services on a near real time basis through a digital cross connect device. UCCRE utilizes the Digital Cross-Connect System (DCS). UCCRE is available in Qwest Wire Centers that contain a DCS and such DCS is UCCRE compatible. 9.9.2 Terms and Conditions 9.9.2.1 DCS Ports are DS1, DS3 and Virtual Ports (Virtual Ports are for connecting one End User to another). The DCS Port is connected to the Demarcation Point using tie cables via the appropriate DSX cross connect paneL. The DSX panel serves both as a "Design-To" point and a network interface at the DCS. CLEC is responsible for designing to the "Design-To" point. CLEC may connect the UCCRE Ports to its elements or CLEC designated equipment. If CLEC desires DSO Port functionality, CLEC wil order a DS1 UCCRE Port and provide its own multiplexer (or DS1 UDIT multiplexers) and connect them together. This combination will form the equivalent of 24 DSO-Ievel Ports. 9.9.2.2 The reconfiguration of the service is accomplished at the DSO signal leveL. Reconfiguration of these servces can be accomplished through two methods: Dial Up or Attendant Access. 9.9.2.2.1 Dial Up Access. Qwest wil provide access to mutually agreed upon UCCRE points in those offices where UCCRE is available. Qwest wil provide and engineer this service in the same manner that it is currently provided to Qwests End Users. 9.9.2.2.2 Attendant Access. When CLEC requests Qwest to make changes on its behalf, an attendant access charge wil apply per transaction. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -178- Section 9 Unbundled Network Elements 9.9.3 Rate Elements 9.9.3.1 Recurring rate elements include: 9.9.3.1.1 DS-1 Port; 9.9.3.1.2 DS-3 Port; 9.9.3.1.3 Dial Up Access; and 9.9.3.1.4 Attendant Access. 9.9.3.2 Nonrecurring rate elements include: 9.9.3.2.1 DS-1 Port; 9.9.3.2.2 DS-3 Port; and 9.9.3.2.3 Virtual Ports. 9.9.4 Ordering Process 9.9.4.1 Ordering processes and installation intervals are specified in Exhibit C of this Agreement and are the same as specified in the UNEs - UDIT Section. UCCRE is ordered via the ASR process. 9.9.4.2 UCCRE is ordered with the Basic Installation option. Qwest wil begin the work activity on the negotiated Due Date and notify CLEC when the work activity is complete. Test results performed by Qwest are not provided to CLEC. 9.10 Local Tandem Switching Qwest shall provide access to local tandem switching in a non-discriminatory manner according to the following terms and conditions. 9.10.1 Description 9.10.1.1 Access to local tandem switching includes the facilities connecting the trunk distribution frames to the Switch and all the features, functions, and capabilties of the Switch itself, including those facilities that establish a temporary transmission path between two other Switches, but does not include the transport needed to complete the calL. The local tandem switching element also includes the features, functions, and capabilities that are centralized in local tandem switches and their adjuncts, if any, rather than in separate End Ofice Switches. 9.10.1.2 In the event that a Qwest Wire Center subtends only an access tandem, and does not subtend a local tandem, Qwest wil provide unbundled access to such access tandem. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 -179- Section 9 Unbundled Network Elements 9.10.2 Terms and Conditions 9.10.2.1 If CLEC obtains its local tandem switching from a third part tandem provider, tandem-to-tandem connections wil be required between Qwest and the third part tandem provider. The tandem-to-tandem connections must be local Interconnection trunk-type connections, and wil be provided by CLEC. CLEC may provide the trunks itself, purchase them from a third party, or may purchase them from Qwest. 9.10.2.2 The requirement to provide access to unbundled local tandem switching includes: (i) trunk-connect facilties, including but not limited to the connection between trunk termination at a cross connect panel and a Switch trunk card; (ii) the base switching function of connecting trunks to trunks; and (iii) the feature, functions, and capabilties that are centralized in local tandem switches and their adjuncts, if any (as distinguished from separate end-office switches), including but not limited to call recording, the routing of calls to operator services, and signaling conversion features. Qwest shall unbundle access to call recording equipment in a Qwest local tandem. 9.10.3 Rate Elements 9,10.3.1 A DS1 Tandem Trunk Port is a 4-wire DS1 Trunk Side Switch Port terminating at a DS1 Demarcation Point and incurs a nonrecurring charge. Each DS1 Tandem Trunk Port includes a subset of 24 DSO channels capable of supporting local message type traffic and incurs a nonrecurring charge to establish trunk group members. 9.10.3.2 basis. Use of local tandem switching is biled on an originating per minute of use 9.10.4 Ordering Process 9.10.4.1 Requests for DS1 Tandem Trunk Port(s) must be followed by separate order(s) to channelize trunk ports into DSO trunk group and members as defined in the UNEs - UDIT Section of this Agreement. 9.10.5 Maintenance and Repair 9.10.5.1 The Parties wil penorm cooperative testing and trouble isolation to identify where trouble points exist. CLEC Cross Connections wil be repaired by CLEe and Qwest Cross Connections wil be repaired by Qwest. Maintenance and Repair processes are contained in the Support Functions Section of this Agreement. 9.11 Local Switching Qwest shall provide access to Unbundled Local Switching in a non-discriminatory manner according to the following terms and conditions. 9.11.1 Description 9.11.1.1 Access to Unbundled Local Switching encompasses line-side and trunk- side facilities, plus the features, functions, and capabilties of the Switch. The features, Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -180- Section 9 Unbundled Network Elements functions, and capabilities of the Switch include the basic switching function, as well as the same basic capabilities that are available to Qwests End User Customers. Unbundled Local Switching also includes access to all vertical features that the Switch is capable of providing, as well as any technically-feasible customized routing functions. Moreover, CLEC may purchase Unbundled Local Switching in a manner that permits CLEC to offer and bil for Exchange Access and termination of EAS/local traffic. 9.11.1.1.1 CLEC is not required to use Qwests Directory Assistance Services or operator services with its Unbundled Local Switching elements or UNE.P Combinations. CLEC may arrange to provide access to its own, or to a third part's, directory assistance or operator services platform with its unbundled switching elements and UNE-P Combinations. 9.11.1.1.2 Qwest offers access to GR-303 features and functionalities as outlined in this Section. As a condition of this virtual access, CLEC must deploy a Remote Digital Terminal (RT) "hosted" by a GR-303 capable Qwest Switch. Under this architecture, and dependent on the existence and availabilty of GR- 303 in any given office, a CLEC may deploy any compatible GR-303 Remote Terminal under the following conditions: 9.11.1.1.2.1 The Qwest Central Ofice must have existing GR- 303 capability with spare capacity available for use by CLEC. In addition, while CLEC may deploy its choice of Remote Terminal, it must be compatible with the existing Qwest GR-303 interface. 9.11.1.1.2.2 The transport between the Qwest Switch and the CLEC RT may be purchased from Qwest or provided by CLEC. If transport is provided by Qwest, the Demarcation Point wil be at a physical cross connect point at the RT. If transport is provided by CLEC, the Demarcation Point wil be at a physical cross connect in the Qwest Central Ofice. 9.11.1.1.2.3 Concentration levels wil be in keeping with Qwests current standard of 4:1 at the Switch. The specific concentration ratios to be applied to the RTs wil be determined on a case by case basis. 9.11.1.1.2.4 The TR-057 interface at the RT wil be disabled. This interface enables the universal DLC applications and offers access to the OSS, Provisioning, and performance monitoring systems from the RT. By disabling the TR-057 interface, Qwest ensures that it retains the physical and logical administration of the GR-303 interface and that securit and system integrity concerns are minimized. 9.11.1.1.2.5 All traffic must be delivered at 64 clear channeL. (Le. voice compression will not be allowed). 9.11.1.1.2.6 GR-303 was designed for the delivery of circuit switched voice traffic as such, packetized traffic wil not be accepted. 9.11.1.1.2.7 While Qwest wil retain administration of the DLC, CLEC wil be responsible for all traffic management. Changes in Owest Idaho SGAT -Second Revision, December 10, 2001 1125/02/HAH for LHIXO Idaho/CDS-020124-0083 -181 - Section 9 Unbundled Network Elements Provisioning wil be made only at the request of CLEC. CLEC wil be allowed to view channel availabilty and monitor traffic and blocking levels at the RT via a man-to-machine interface (MMI). The CLEC wil not have the abilty to make any changes as all Provisioning wil be done solely by Qwest at CLEC's request. 9.11.1.1.2.8 The Parties will be responsible for the repair and maintenance of facilities on their side of the Demarcation Point. It is assumed that this wil be done in an as yet undeveloped cooperative manner. 9.11.1.1.2.9 This specific network architecture option for virtual access to the GR-303 interface listed in this section is available via the Special Request Process (SRP). Any request that materially deviates from the language in this section regarding access to the GR-303 interface must be submitted via the Bona Fide Request (BFR) process. 9.11.1.2 Qwests trunk ports are utilzed to access routing tables resident in Qwests Switch, as necessary to provide access to Shared Transport. Shared Transport is described earlier in this Section of this Agreement. 9.11.1.3 Unbundled Local Switching also permits CLEC to purchase a dedicated trunk Port on the local Switch. CLEC may direct originating traffic to such a dedicated trunk via customized routing. 9.11.1.3.1 Vertical features are softare attributes on End Ofice Switches. Vertical features are available separately and are listed in Exhibit E of this Agreement. The Special Request Process contained in Exhibit F of the Agreement shall be used when ordering the activation and/or loading of vertical features on a Switch, that are not currently activated or loaded on the Switch. If features that are loaded on Qwests Switch(es) are migrated to AIN for Qwests own use, the Switch softare for such features wil be retained on the Qwest Switch( es) for the use of CLEC and CLECs End User Customers.. . 9.11.1.4 a) b) 9.11.1.5 a) b) c) Line ports include: Analog Line Port; and Digital Line Port. Trunk ports include but are not limited to: DS1 Trunk Port (including Local Message); PRI ISDN Trunk Port; DID/PBX Trunk Port; d) DS3 Trunk Port (including Local Message) may be requested by CLEC via the Special Request Process contained in Exhibit F of this Agreement; and Qwest Idaho SGAT - Second Revision, December 10, 2001 1125/02IAH for LHIXO Idaho/CDS-020124-0083 -182- Section 9 Unbundled Network Elements e) OCN Trunk Port (including Local Message) may be requested by CLEC via the Special Request Process contained in Exhibit F of this Agreement. 9.11.1.6 The following are attributes of line ports and include but are not limited to: 9.11.1.6.1 9.11.1.6.2 9.11.1.6.3 9.11.1.6.4 9.11.1.6.5 9.11.1.6.6 9.11.1.6.7 9.11.1.6.8 9.11.1.6.9 Telephone number Directory Listing Dial Tone Signaling (Loop or ground start) On/Of Hook Detection; Audible and Power Ringing Automatic Message Accounting (AMA Recording); Access to 911, Operator Services, and Directory Assistance; and Blocking Options. 9.11 .1.7 Analog Line Port. The analog line Port is a two wire intenace on the line- side of the End Ofice Switch that is extended to the MDF. A separate ITP must be ordered for each analog line-side Port to provide the connection from the MDF to the Demarcation Point. The analog line Port enables CLEC to access vertical features. 9.11.1.8 Reserved for Future Use. 9.11.1.9 Digital Line Side Port (Supporting BRI ISDN) 9.11.1.9.1 Basic Rate Intenace Integrated Services Digital Network (BRI ISDN) is a digital architecture that provides integrated voice and data capability (2 wire). A BRIISDN Port is a Digital2B+D (2 Bearer Channels for voice or data and 1 Delta Channel for signaling and 0 Channel Packet) line-side Switch connection with BRI ISDN voice and data basic elements. For flexibility and customization, optional features can be added. BRI ISDN Port does not offer B Channel Packet service capabilties. The serving arrangement conforms to the internationally developed, published, and recognized standards generated by International Telegraph and Telephone Union (formerly CCITT). 9.11.1.9.2 9.11.1.10 Reserved for Future Use. Digital Trunk Ports 9.11.1.10.1 DS1 Local Message Trunk Port (Supporting Local Message Traffic). A DS1 Trunk Port is a DS1 Trunk Side Switch Port that is extended to the trunk main distributing frame and is connected to the Demarcation Point through an ITP. Each DS1 Trunk Port includes a subset of 24 DSO channels capable of supporting local message type traffic. Requests for DS1 Trunk Port(s) must be followed by a separate order for a Message Trunk Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -183- Section 9 Unbundled Network Elements Group, as further described in this Section. 9.11.1.10.2 Message Trunk Group. A Message Trunk Group is a softare feature that establishes the trunk group and its associated trunk members. Signaling and addressing attributes are defined at the group leveL. Trunk members may be associated with individual channels of the DS1 Trunk Port. 9.11 .1.10.3 Requests for establishing new outgoing and two-way Message Trunk Groups must be coordinated with and followed by requests for Customized Routing. Incoming only trunk groups do not require Custom Routing. 9.11.1.11 Unbundled DS1 PRI ISDN Trunk Port (Supporting DID/DOD/PBX). A DS1 trunk Port is a DS1 trunk-side Switch Port terminated at a DSX1 or equivalent. Each DS1 Trunk Port includes a subset of 24 DSO channels capable of supporting DID/DOD/PBX type traffic. Requests for DS1 Trunk Port(s) must be followed by separate order(s) to establish new Trunk Group(s) or to augment existing Trunk Group(s). 9.11.1.11.1 Digital PRI ISDN Trunk Port. A Digital Trunk PRI ISDN Port is a four wire DS1 with connection at the DSX-1 bay (or equivalent). Digital Trunk DS1 activation is a logical subset or channel of a DS1 facility Port. 9.11.1.11.1.1 PRI ISDN Trunk Ports are provisioned at a DS1 leveL. B-channels are provisioned to transmit information such as voice, circuit switched data, or video. A D-channel is provisioned to carry the control or signaling on a 64kbit(s) channeL. 9.11.1.11.1.2 PRI Trunk Port requires a digital four-wire full duplex transmission path between ISDN capable Customer Premises Equipment (CPE) and a PRI ISDN- equipped Qwest Central Ofice. 9.11.1.11.1.3 The PRI Central Ofice trunk port is a DS1 which provides 24 64kbps channels. This product is dedicated call type of PRI with Custom protocol, up to 23 of the channels may be used as 64kbp$ B channels. The 24th channel must be configured as a D channel, which wil carry the signaling and control information. The B channels transmit voice and data or Circuit Switched Data (only). 9.11.1.11.1.4 Reserved for Future Use. 9.11.1.11.1.5 PRI ISDN includes 2-way DID functionality. DID is a special trunking arrangement that permits incoming calls from the exchange network to reach a specific PBX station directly without attendant assistance. 9.11.1.11.1.6 DID service is offered with an analog or digital 2- way. If digital, the individual DSO's are 2-way trunks using advanced service that requires DID ports. 9.11.1.11.1.7 The 23B+D Trunk Port configuration provides Ports Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -184- Section 9 Unbundled Network Elements for 23B-channels and 1 O-channel. 9.11.1.11.1.-8 The 24-B Trunk Port configuration provides 24 B- channels on a DS1 Port. The signaling information is provided by the 0- channel on the first D-channel Port. 9.11.1.11.1.9 The 23B Backup 0 Trunk Port configuration provides 23 B-channels and a backup D-channel Port is used if the primary D-channel Port fails. 9.11.1.12 Analog Trunk Ports 9.11.1.12.1 DSa Analog Trunk Ports can be configured as DID, DOD, and Two-way. 9.11.1.12.2 Analog Trunk Ports provide a 2-Way Analog Trunk with DID, E&M Signaling and 2-Wire or 4-Wire connections. This Trunk Side connection inherently includes hunting within the trunk group. 9.11.1.12.3 All trunks are designed as 4-Wire leaving the Central Office. For 2-Wire service, the trunks are converted at the Customer's location. 9.11.1.12.4 Two-way Analog DID Trunks are capable of initiating out going calls, and may be equipped with either rotary or Touch-tone (OTMF) for this purpose. When the trunk is equipped with DID Call Transfer feature, both the trunk and telephone instruments must be equipped with DTMF. 9.11.1.12.5 Two-way Analog DID Trunks require E&M signaling. Qwest wil use Type I and II E&M signaling to provide these trunks to the PBX. Type II E&M signaling from Qwest to the PBX will be handled as a Special Assembly request, through the Special Request Process (SRP) as provided for in Exhibit F to this Agreement. 9.11.2 Terms and Conditions 9.11.2.1 CLEC may purchase access to all vertical features that are loaded in Qwests End Ofice Switch. CLEC may request features that are not activated and/or not loaded in a Qwest End Office Switch utilzing the Special Request Process contained in Exhibit F of this Agreement. If CLEC requests activation and/or loading of features in a Switch, appropriate recurring and nonrecurring charges wil apply. Features provided through AIN capabilities in Qwests signaling network are not available. 9.11.2.2 Local Switch ports include CLEC use of Qwests signaling network for traffic originated from the line-side switching Port. CLEC access to the Qwest signaling network shall be of substantially the same quality as the access that Qwest uses to provide service to its own End User Customers. 9.11.2.3 CLEC shall be responsible for updating the 9111E911 database through Qwests third part database provider for any unbundled Switch Port ordered. Additional 911/E911 provisions are contained in the Ancillary Services Section of this Agreement. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -185- Section 9 Unbundled Network Elements 9.11.2.4 The line-side Port includes the connection between the End Office Switch and the MDF. The connection from the MDF to the Demarcation Point shall be an ITP provided by Qwest pursuant to the rates in Exhibit A. The trunk-side Port includes the connection between the End Office Switch and the TMDF. The connection from the TMDF to the Demarcation Point shall be an ITP provided by Qwest pursuant to the rates in Exhibit A. The Demarcation Point for line-side and trunk-side ports shall be as described earlier in this Section. 9.11.2.5 Unbundled Local Switching does not constitute a UNE, and is therefore not available at UNE rates, when CLECs End User Customers to be served with Unbundled Local Switching has four (4) access lines or more and the lines are located in density zone 1 in specified Metropolitan Statistical Areas (MSAs). Unbundled Local Switching is available at market-based rates when CLECs End User Customer to be served with Unbundled Local Switching has four (4) or more access lines and the lines are located in density zone 1 in specified MSAs. This exception applies to density zone 1 as it was defined by Qwest on January 1, 1999. 9.11.2.5.1 For the purposes of the above paragraph, the following Wire Centers constitute density zone 1 in each of the specified MSAs: MSA NONE eiLl Wire Center Name 9.11.2.5.1.1 For End User Customers located within the Wire Center specified above, CLEC wil determine whether End User Customers it intends to serve with UNEs have four access lines or more in advance of submitting an order to Qwest for unbundled local switching at UNE rates. If the End User Customer is served by four access lines or more, CLEC wil not submit an order to Qwest for unbundled local switching at UNE rates. 9.11.2.5.2 This exclusion wil be calculated using the number of DSO- equivilant access lines CLEC intends to serve an End User Customer within a Wire Center specified above. 9.11.2.5.3 Reserved for Future Use. 9.11.2.5.4 Only dial-tone lines shall be used in counting the exclusion. Private line type data lines, alarm or security lines, or any other type of non-dial- tone lines shall not be used in the count. 9.11.2.5.5 line. The high frequency portion of a Loop shall not count as a second 9.11.2.5.6 End-user Customers shall be considered individually in MDU buildings or any other multiple use or high-rise building or campus configuration, as long as they are individually biled as the Customer of record. 9.11.2.5.7 CLEC may order new Unbundled Local Switching or UNE-P Combinations in quantities that exceed three (3). If CLEC orders four (4) or more Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -186- Section 9 Unbundled Network Elements such Unbundled Local Switching elements or UNE-P Combinations for an individual End User Customer within the Wire Center(s) identified above in this section, market-based rates for the Unbundled Local Switching elements or for the unbundled switching component of the UNE-P service as provided in Exhibit A to this Agreement shall apply. 9.11.2.5.7.1 When a CLEC's End User Customer with three (3) lines or fewer served by UNE-P or unbundled switching adds lines so that it has four (4) or more lines, CLEC shall do one of the following regarding the original three (3) Unbundled Local Switching elements or UNE-P lines within sixt (60) days from the date the fourth line is added: 1) CLEC may retain such unbundled switching lines at a market-based rate or retain such UNE-P lines as UNE-P Combinations with a market-based rate for the unbundled switching component shown in Exhibit A of this Agreement; or 2) CLEC shall convert such lines from UNE-P lines or unbundled switching elements to resold services or other appropriate arrangement. 9.11.2.5.8 A BRI ISDN line counts as one (1) line. 9.11.2.6 CLEC must order DID numbers in blocks of 20. One primary Directory Listing in the main directory is provided for each PBX system. 9.11 .2.7 CLEC is required to subscribe to a sufficient number of trunk ports to adequately handle volume of incoming calls. 9.11.2.8 Additional line or trunk features not offered with the basic DID/PBX product, are available to CLEC on an Individual Case Basis. 9.11.2.9 Additional arrangements not offered with the basic PRI product are available to CLEC on an Individual Case Basis. 9.11.2.10 Owest will provide access to Centrex Customer Management System (CMS) with unbundled switching. 9.11.2.11 Owest wil comply with the FCC's Open Network Architecture (ONA) rules for Network Disclosure. Should the ONA rules be modified so that Network Disclosure is no longer required, this Agreement shall be modified to include provision for disclosure of network interface changes. 9.11.3 Rate Elements 9.11.3.1 Each Port type described above wil have a separate associated Port charge, including monthly recurring charges and one-time nonrecurring charges which are contained in Exhibit A of this Agreement. Exhibit A contains both the UNE rates and market rates for this component of unbundled local switching. UNE Rates apply unless the End User Customer to be served has four access lines or more and the lines are located in density zone 1 in MSAs specified earlier in this UNE Section. In the latter circumstance, market rates apply. 9.11.3.2 The rate structure for PRI ISDN trunk ports includes a monthly Minute of Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -187- Section 9 Unbundled Network Elements Use (MOU) recurring charge for the basic PRI ISDN product (238+0 plus standard features). Nonrecurring charges are incurred for the trunk Port, first trunk and each additional trunk. 9.11.3.3 Originating local usage wil be measured and biled based on minutes of use. Exhibit A contains the UNE rates and the market rates for this component of Unbundled Local Switching. UNE Rates apply unless the End User Customer. to be served has four access lines or more and the lines are located in density zone 1 in MSAs specified earlier in this Section. In the latter circumstance, market rates apply. 9.11.3.4 Vertical features will be offered as options for Unbundled Local Switching at rates set forth in Exhibit A of this Agreement. Exhibit A contains the UNE rates and the market rates for this component of Unbundled Local Switching. UNE Rates apply unless the End User Customer to be served has four access lines or more and the lines are located in density zone 1 in MSAs specified earlier in this Section. In the latter circumstance, market rates apply. 9,11.3.5 Subsequent Order Charge. A subsequent order charge, as set forth in Exhibit A of this Agreement, applies when CLEC orders additional vertical features to an existing Port. 9.11.4 Ordering 9.11.4.1 Installation intervals for Unbundled Switch Ports and Switch-activated Vertical features are contained in the Exhibit C. The interval wil start when Qwest receives a complete and accurate Local Service Request/Access Service Request (LSRlASR). This date is considered the start of the service interval if the order is received prior to 3:00 p.m. The service interval wil begin on the next business day for service requests received after 3:00 p.m. This interval may be impacted by order volumes and load control considerations. The service intervals have been established and are set forth in Exhibit C to this Agreement. 9.11.4.2 Switch-activated vertical features shall be ordered using the LSR (Local Service Request) process as described in the PCAT. 9.11.4.3 Vertical features that are loaded in a Switch, but not activated, shall be ordered using the Special Request Process set forth in Exhibit F. Qwest wil provide the cost and timeframe for activation of the requested vertical feature(s) to CLEC within fifeen (15) business days of receipt of the Special Request. 9.11.4.4 Vertical features that are not loaded in a Switch shall be ordered using the Special Request Process set forth in Exhibit F. Qwest wil provide information to CLEC on the feasibility of providing the vertical feature(s) within 15 business days of receipt of the Special Request. 9.11.4.5 Unbundled local Switch Ports are required when ordering unbundled Shared Transport as described in the PCAT. 9.11.5 Usage Biling Information 9.11.5.1 Exchange Access Service(s) Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH forLHIXO Idaho/CDS-020124-0083 -188- Section 9 Unbundled Network Elements Qwest shall provide CLEC with usage information necessary to bil for InterLATA and IntraLATA Exchange Access in the form of either the actual usage or a negotiated or state-approved surrogate for this information. 9.11.5.2 Retail Service(s) Qwest shall provide CLEC with information necessary for CLEC to bil its End User Customers in the form of the actual information that is comparable to the information Qwest uses to bil its own End User Customers. 9.11.5.3 Local Usage Qwest shall record and provide to CLEC local/EAS usage data for originating, but not terminating, local traffic, including but not limited to transit traffic. Until such time that Qwest provides CLEC with 10caVEAS usage data for terminating local traffic, Qwest shall not charge CLEC for terminating minutes of use. 9.12 Customized Routing 9.12.1 Description 9.12.1.1 Customized Routing permits CLEC to designate a particular outgoing trunk that wil carry certain classes of traffic originating from CLEC's end users. Customized routing enables CLEC to direc particular classes of calls to particular outgoing trunks which wil permit CLEC to self-provide or select among other providers of interoffice facilities, operator services and directory assistance. Customized routing is a softare function of a Switch. Customized Routing may be ordered as an application with Resale or Unbundled Local Switching. 9.12.1.2 CLEC may elect to route its End User Customers' traffic in the same manner as Qwest routes its End User Customers' calls using existing Qwest line class code(s). This option eliminates assignment and deployment charges applicable to new CLEC line class code(s) required for custom or unique CLEC routing requests, as described in this Section. 9.12.2 Terms and Conditions 9.12.2.1 Customized Routing wil be offered on a first-come, first-served basis. 9.12.2.2 calls: CLEC has two (2) options by which to route its End User Customers' a) CLEC may elect to route all of its End User Customers' calls in the same manner as Qwest routes its End User Customers' calls. This option allows CLEC to use the same line class code(s) used by Qwest and thus eliminates line class code(s) and deployment charges to CLEC. b) CLEC may elect to custom route its End User Customers' calls differently than Qwest routes its End User traffic. CLEC may choose diferent routing by traffic tye, by prefix, etc. In this option, there wil be a charge for the establishment and deployment of a new CLEC line class code(s). If a CLEC line Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAHfor LHIXO Idaho/CDS-020124-0083 -189- Section 9 Unbundled Network Elements class code(s) was previously established and deployed at a particular end office, only a deployment charge wil apply per new end office location. 9.12.2.3 In both option (a) and (b) above, CLEC shall provide comprehensive routing information associated with any routing request. Qwest wil provide line class code(s) to CLEC for inclusion in CLEC LSR (Local Service Request). 9.12.3 Rate Elements 9.12.3.1 Charges for development of a new CLEC line class code(s) for routing of Directory Assistance and Operator Services traffic is included in Exhibit A. All other custom routing arrangements shall be biled on an Individual Case Basis for each custom routed request. 9.12.3.2 Charges for the installation of new line class codes for custom routing arrangements for directory assistance and operator services traffic is included in Exhibit A. Installation charges for all other custom routing arrangements shall be biled on an Individual Case Basis for each Switch in which the code is deployed. 9.12.4 Ordering Process 9.12.4.1 CLEC shall issue a Service Inquiry form detailng its routing and facilit requirements prior to a pre-order meeting with Qwest. Refer to the New Customer Questionnaire contained in the PCAT for a copy of the Service Inquiry. 9.12.4.2 After the Service Inquiry form is completed and provided to Qwest, the pre-order meeting wil be jointly established to provide Qwest with the comprehensive network plan, specific routing requirements and Desired Due Dates. 9.12.4.3 Qwest wil provide CLEC a detailed time and cost estimate thirt (30) business days after the pre-order meeting. 9.12.4.4 If custom routing is requested, CLEC shall submit a 50% deposit for the establishment and deployment of a new CLEC line class code(s). Qwest wil assign a new CLEC line class code(s) and provide it to CLEC for inclusion in the LSR (Local Service Request) which CLEC wil subsequently issue for deployment of the line class code( s) by Qwest. 9.12.4.5 If CLEC elects to route their end users' calls in the same manner in which Qwest routes its End User Customers' calls, establishment and deployment charges for new CLEC line class code(s) wil not apply. Qwest wil assign existing Qwest line class code(s) and provide to CLEC for inclusion in the LSR (Local Service Request). 9.12.4.6 CLEC must place the associated trunk orders prior to the establishment or deployment of Line Class Codes in specific end offices. 9.12.5 Maintenance and Repair Maintenance and Repair are the sole responsibilty of Qwest. Reference the Maintenance and Repair processes contained in this Agreement. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -190- Section 9 Unbundled Network Elements 9.13 Access to Signaling 9.13.1 Description 9.13.1.1 Qwest wil provide CLEC with non-discriminatory access to signaling networks, including signaling links and Signaling Transfer Points (STP), call-related databases and Service Management Systems (SMS) on an unbundled basis. The individual call-related databases and associated SMS are addressed in Sections 9.14 - 9.17. Access to Qwests signaling network provides for the exchange of signaling information necessary to exchange traffic and access call-related databases. Signaling networks enable CLEC the ability to send SS7 messages between its Switches and Qwests Switches, and between CLEC's Switches and those third part networks with which Qwests signaling network is connected. Qwest wil offer unbundled access to its signaling network to CLECs that request signaling as an Unbundled Network Element or as part of a UNE combination. Access to Qwests signaling network for purposes of Interconnection and the exchange of traffic is addressed in Section 7 of this Agreement. CLEC may access Qwests signaling network from a CLEC Switch via unbundled signaling and unbundled signaling transport elements between CLEC's Switch and Qwest STPs. CLEC may access Qwests signaling network from each of its Switches via a signaling link pair between its Switch and the Qwest STPs. CLEC may make such connection in the same manner as Qwest connects one of its own Switches to STPs. Access to Qwests signaling network for purposes of Interconnection and the exchange of traffic is addressed in Section 7. The Common Channel Signaling used by the Parties shall be Signaling System 7. 9.13.1.2 Common Channel Signaling Access Capabilty/Signaling System 7 (CCSAC/SS7) provides multiple pieces of signaling information via the SS7 network. This signaling information includes, but is not limited to, specific information regarding calls made on associated Feature Group D trunks and/or LIS trunks, Line Information Database (LIDS) data, Local Number Portabilty (LNP), Custom Local Area Signaling Services (CLASS), axx set up information, Call Set Up information and transient messages. 9.13.1.3 Optional features of CCSAC/SS7 are dependent on specific CLEC design requirements as well as the existence of adequate transport facilties. Transport facilities must be in place to accommodate Call Set Up of related Feature Group D and/or LIS messages, transient messages, and other ancilary services (e.g., LIDS data and axx set up information). 9.13.2 Terms and Conditions 9.13.2.1 All elements of the unbundled CCSAC/SS7 arrangement wil be developed on an Individual Case Sasis based on CLEC's design requirements. All of CLEC's unbundled design elements are subject to facilty requirements identified below. 9.13.2.2 At a minimum, transport facilties must exist from CLEC's Point of Presence or Signaling Point of Interface (SPOI) to the identified Qwest STP location. Unbundled transport facilties to accommodate CCSAC/SS7 signaling may be developed using Unbundled Network Elements (UNEs) as defined in Section 9. 9.13.2.3 CLEC's CCSAC/SS7 design requirements wil include, but are not limited Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -191 - Section 9 Unbundled Network Elements to: 9.13.2.3.1 STP" Port - This element is the point of termination to the signal switching capabilties of the STP. Access to a Qwest STP Port is required at a DSO leveL. 9.13.2.3.2 Specific Point Code detail including the identification of CLEC's Originating, Destination and Signaling Options (Le., ISDN User Part (ISUP) or Transaction Capabilities Application Part (TCAP) requirements). 9.13.2.3.3 All signaling routing requirements wil be identified in CLEC's design. CLEC wil provide industry standard codes identifying Qwest end offices, tandems, sub-tending end offices and STPs that wil be included in the designed unbundled signaling arrangement. 9.13.2.4 The CCSAC/SS7 unbundled arrangement must meet the following requirements: 9.13.2.4.1 Both Qwest and CLEC are obligated to follow existing industry standards as described in Telcordia documents including but not limited to GR- 905 CORE, GR-954-CORE, GR-394-CORE and Qwest Technical Publication n342. 9.13~2.4.2 CLEC's Switch or network SS7 node must meet industry and Qwest certification standards. 9.13.2.4.3 Unbundled transport facilities as identified in Section 9 of this Agreement must be provisioned at a minimum DS1 capacity at CLEC's Point of Presence or SPOI. This facilty must be exclusively used for the transmission of network control signaling data. 9.13.2.4.4 Callng Part Number (CPN), or a reasonable alternative, wil be delivered by each Part to the other, in accordance with FCC requirements, when received from another Carrier or from the telephone equipment of the End User. 9.13.2.4.5 Carrier Identification Parameter (CIP) wil be delivered by CLEC to Qwest in accordance with industry standards, where Technically Feasible. 9.13.2.4.6 Provisions relating to call related databases (Le., 8XX, L1DB, Advanced Intellgent Network (AIN), etc.) are contained in other Sections of this Agreement. For example, LNP is described in Section 10.2, AIN in Section 9.14, L1DB in Section 9.15, 8XX in Section 9.16, and ICNAM in Section 9.17. 9.13.3 Rate Elements Rates and charges for the unbundled CCSAC/SS7 elements wil be assessed based on CLEC's specific design requirements. Both nonrecurring and monthly recurring rates may be applicable. Message rating applies to all messages traversing the Qwest signaling network. Messages which are transient in nature (not destined for Qwest databases) wil be assessed message rates. Pricing detail is provided in Exhibit A of this Agreement. Rate elements for unbundled Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LH/XO IdaholCDS-020124-0083 .... -192- Section 9 Unbundled Network Elements CCSAC/SS7 elements are: 9.13.3.1 Nonrecurring Rates. CCSAC Option Activation Charge - Assessed for adding or changing a point code in the signaling network. Qwest will charge CLEC based upon its selection of either basic or database activation, as detailed in Exhibit A of this Agreement. 9.13.3.2 Recurring Rates 9.13.3.2.1 STP. STP Port - a monthly recurring charge, per connection into the 9.13.3.2.2 Signal Formulation Charge - a per call set up charge for formulating the ISUP message at a SS7 SP/SSP. 9.13.3.2.3 Signal Transport Charge - a per call set up request or data request charge for the transmission of signaling data between the local STP and an end office SP/SSP. This rate element includes separate charges for ISUP and TCAP messages. 9.13.3.2.4 Signal Switching Charge - a per call set up request or data request charge for switching an SS7 message at the local STP. This rate element includes separate charges for ISUP and TCAP messages. 9.13.4 Ordering 9.13.4.1 CCSAC/SS7 unbundled CLEC-designed elements wil initially require design information from CLEC. Ordering for CCSAC/SS7 wil be handled on an individual basis, using service activation meetings between CLEC and Qwest. CLEC wil provide a Translation Questionnaire, Link Data Sheet and ASR during the service activation meetings. 9.13.4.2 Qwest wil provide jeopardy notification, Design Layout Reports (DLR), Completion Notification and Firm Order Confirmation (FOC) in a non-discriminatory manner. 9.13.4.3 Due date intervals for CCSAC/SS7 wil be established on an Individual Case Basis. 9.13.5 Maintenance and Repair The Parties wil perform cooperative testing and trouble isolation to identify where trouble points exist. CLEC Cross Connections wil be repaired by CLEC and Qwest Cross Connections wil be repaired by Qwest. Maintenance and Repair processes are contained in Section 12 of this Agreement. 9.14 AIN Services 9.14.1 Description AIN services are offered and available as an enhancement to CLEC's SS7 capable network Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CD8-020124-0083 -193- Section 9 Unbundled Network Elements structure and operation of AIN Version 0.1 capable switches. 9.14.1.1 AIN Customized Services (ACS) - Allows CLEC to utilize Qwests AIN service application development process to develop new AI N services or features. ACS is determined on an Individual Case Basis. The elements are also combined on an Individual Case Basis to meet CLEC's request. Services developed through the ACS process can either be implemented in Qwests network or handed off to CLEC to be installed in its own network. 9.14.1.2 AIN Platform Access (APA) - This service allows CLEC to provide to its End Users any AIN service that is deployed for CLEC utilzing the ACS process in Qwests SCPo Qwest is responsible for the Provisioning of these AIN services. CLEC wil be able to populate data for Provisioning of the Call Processing Records (CPRs) stored in the SCP for AIN services. The process to provision, modify or update information in the AI N databases is predominately manuaL. 9.14.1.3 AIN Query Processing (AQP) - TCAP queries are used to collec information from the AIN database for use in call processing of the AIN based services above. CLEC launches a query from an AIN capable Switch over the SS7 network to the Qwest Signal Transfer Point (STP). This query is directed to Qwests SCP to collect data for the response to the originating Switch. 9.14.2 Terms and Conditions 9.14.2.1 AIN Customized Services (ACS) - Since each proposed service is unique and complex, when ACS is ordered, Qwest conducts a feasibilit study which estimates the amount of time and cost necessary to develop the proposed service or enhancement. The charges associated with the feasibility analysis, development. and implementation shall be established pursuant to the BFR process as described in this Agreement. The service is developed and tested in a Qwest lab environment. If the service is implemented in Qwests network, it goes through network test prior to implementation. 9.14.2.2 AIN Platform Access (APA) 9.14.2.2.1 Prior to activation of the AIN feature, CLEC's Switch point code must be activated for AIN processing on the CCSAC/SS7 link (described in this Section) that is transporting the AIN query. 9.14.2.2.2 Qwest will provide requirements for data load preparation and delivery by CLEC. 9.14.2.2.3 In order to make AAOS service work, service logic must be loaded in the AIN application to provision an AIN service on the platform for CLEC. Qwest is responsible for Provisioning the Call Processing Record (CPR) in the SCPo 9.14.2.2.4 Each End User line must be provisioned by the facilty owner. CLEC is responsible for setting the AIN trigger in its Switch. 9.14.2.2.5 AIN Query Processing. Qwest wil certify and test CLEC Switch Qwest Idaho SGAT - Second Revision, December 10,.2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -194- Section 9 Unbundled Network Elements for AI N message transmission to assure quality performance as described in this Section. Qwest and CLEC wil test cooperatively. 9.14.3 Rate Elements 9.14.3.1 AIN Customized Services (ACS). Hourly rates are applicable for each component of the ACS service according to the estimates determined in the feasibilit analysis. The specific charges for each component and the terms and conditions for payment shall be described in the BFR response described above. 9.14.3.2 AIN Platform Access (APA). APA is biled a monthly recurring and a one- time nonrecurring charge for each AIN feature activated, per telephone number. 9.14.3.3 AIN Query Processing. The AIN service rates wil be developed and assessed in accordance with the specific service requested by CLEC. 9.14.4 Ordering 9.14.4.1 ACS is ordered on an Individual Case Basis and is coordinated through the Qwest account manager and product manager. Due date intervls for the proposal phase are detailed below: a) Within five (5) business days of an inquiry, Qwest wil provide CLEC with the Service Request Form. b) Within ten (10) business days of receiving the Service Request, Qwest will provide a written acknowledgment of receipt. c) Within fifeen (15) business days of acknowledgment, Qwest wil assess the Service Request and prepare for a meeting with CLEC to review the Service Request. d) . Qwest wil be available to attend a Service Request Meeting within five (5) business days of the completion of the assessment. The Service Request wil be considered accepted once Qwest and CLEC come to an agreed-upon understanding of the service feature set and scope. e) Within thirt (30) business days of acceptance of the Service Request, Qwest wil provide a response, the Service Evaluation, which includes an initial service evaluation and development time and cost estimates. f) Within ninety (90) business days of end user approval of the Service Evaluation, Qwest wil complete a Feasibility Analysis, which includes development time and costs. Remaining deliverables are negotiated with CLEC so that mutually-agreeable Due Dates based on service complexity are established. 9.14.4.2 APA is ordered using the LSR form. 9.14.4.3 i n the event that Miscellaneous Charges apply, they wil be applied Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LH/XO Idaho/CDS-020124-0083 -195- Section 9 Unbundled Network Elements consistent with the application used for equivalent services ordered by Qwest End Users. 9.14.4.4 Upon receipt of a complete and accurate LSR, Qwest wil load CLEC records into the AIN database within ten (10) days. Qwest wil also establish translations at the STP to allow query access from CLEC Switch within ten (10) days. 9.14.4.5 Completion notification wil be either bye-mail or by fax. 9.14.4.6 AIN Query Processing (AQP) - is specific to the service ordered and must be established at the time of the APA ordering process. 9.15 Interconnection to Line Information Database (LIDS) 9.15.1 9.15.1.1 9.15.1.2 9.15.1.3 9.15.1.4 Line Information Database (LIDS) Storage Description -- LIDS Storage 9.15.1.1.1 Line Information Database (L1DB) stores various telephone line numbers and Special Billng Number (SBN) data used by operator services systems to process and bil Alternately Biled Services (ABS) calls. The operator services system accesses L1DB data to provide originating line (callng number), Biling number and terminating line (called number) information. L1DB is used for callng card validation, fraud prevention, Biling or service restrictions and the sub-account information to be included on the call's Biling record. 9.15.1.1.2 Telcordia's GR-46-CORE defines the interface between the administration system and L1DB including specific message formats (Telcordia's TR-NWP-000029, Section 10). Terms and Conditions - LIDS Storage CLEC wil provide initial data, add, update or delete data, and license said data to Qwest for placement in Qwests L1DB. CLEC wil provide and maintain necessary information to enable Qwest to provide L1DB services. CLEC wil ensure, to the extent possible, the accuracy of the data provided to Qwest for storage in Qwests L1DB, and supply updated and changed data in a timely manner. Rate Elements - LIDS Storage L1DB Data Storage does not have a recurring charge. When electronic access becomes available, a one-time nonrecurring fee may be charged for the initial load of CLEC's data into L1DB. Ordering -- LIDS Storage Qwest wil be responsible for loading and updating CLEC's line records into the L1DB database from the data provided by CLEC. The establishment of CLEC line records wil be provisioned through an interim manual process. Updates, adds, changes and deletions subsequent to the initial file for establishment must be e-mailed to Qwest. Emergency updates (adds, changes, deletes) may be faxed. CLEC is responsible for Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -196- Section 9 Unbundled Network Elements the accuracy of the data sent to Qwest. Inquiries from CLEC must be faxed to Qwest using the approved forms appropriate for the type of inquiry requested. 9.15.2 Line Validation Administration System (LVAS) Access 9.15.2.1 Description -- LV AS Access 9.15.2.1.1 LVAS is the comprehensive administrative management tool which loads the L1DB data and coordinates line record updates in Qwests redundant L1DB databases. LVAS is the vehicle that audits stored information and assures accurate responses. 9.15.2.1.2 LVAS access is available only to facilit-based CLECs. 9.15.2.2 Terms and Conditions -- LV AS Access 9.15.2.2.1 CLEC wil provide Qwest with the following information: a) The L1DB service requested (Le., callng name, callng cards, Originating Line Number Screening (OLNS), ABS, etc.); b) CLEC's Revenue Accounting Ofice (RAO) , Operating Customer Number (OCN), and/or Local Service Provider Identification (LSPI); c) The NPA NXX and signaling point codes for the operator or End Ofice Switches from which queries are launched; d) The identit of CLEC's SS7 provider for Number Portability,ABS, OLNS and callng name; e) The identity of CLEC's operator services provider for ABS queries; f) Intentionally Left Blank; and g) The contact names and fax numbers of all CLEC personnel to be contacted for fraud notification and L1DB data administration. 9.15.2.2.2 CLEC wil e-mail to Qwest all updates, adds, changes, and deletions to the initial file in ASCII format. 9.15.2.2.3 Within one (1) business day of receipt of the file, Qwest wil attempt to load the file into LV AS. If Qwest successfully loads the file into LVAS, the originator of CLEC's files wil be notified by Qwest. 9.15.2.2.4 In the event that Qwest is not successful in loading the file because errors were deteced, Qwest wil e-mail the file back to CLEC with an error notice. 9.15.2.2.5 Reserved for Future Use. 9.15.2.2.6 Qwest wil provide to CLEC the necessary methods and procedures when the LV AS electronic interface becomes available. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -197- Section 9 Unbundled Network Elements 9.15.2.3 Rate Elements - LV AS Access 9.15.2.3.1 LIDS Line Record Initial Load Charge - CLEC shall reimburse Owest for all charges Owest incurs relating to the input of CLEC's End User line record information, including the formatting of data so that it may be loaded into LVAS. 9.15.2.3.2 Mechanized Service Account Update - L VAS Access is the product which allows CLEC to add, update and delete telephone line numbers from the Owest L1DB for CLEC's End Users. Owest wil charge CLEC for each addition or update processed. 9.15.2.3.3 Individual Line Record Audit - CLEC may verify the data for a given ten (10) digit line number using an inquiry of its End User data. 9.15.2.3.4 Account Group Audit - CLEC may audit an individual Account Group NPA-NXX. 9.15.2.4 Expedited Request Charge for Manual Updates CLEC may request an expedited manual update to the L1DB database that requires immediate action (i.e., deny PIN number). Owest shall assess CLEC an expedited request charge for each manual update. 9.15.2.5 Ordering.. LVAS Access. LVAS report queries from CLEC must be faxed to Owest MIDAS center using the approved forms appropriate for the type of inquiry requested. 9.15.2.6 Billng - Line Validation Administration System (LV AS) Access. When electronic access becomes available, a per query rate may apply to each Mechanized Service Account Update, Individual Line Record Audit, Account Group Audit, and Expedited Request Charge for Manual Updates. 9.15.3 LlDB Query Service 9.15.3.1 Description - LIDS Query service 9.15.3.1.1 L1DB Ouery Service provides information to query originators for use in processing Alternately Biled Services (ABS) calls. ABS call tyes include callng card, biled to third number, and collect calls. 9.15.3.1.2 On behalf of CLEC, Owest wil process LI DB queries from query originators (Telecommunications Carriers) requesting CLEC telephone line number data. Owest allows L1DB query access through Owest regional STPs. 9.15.3.2 Terms and Conditions - LIDS Query Service 9.15.3.2.1 All LI DB queries and responses from operator services systems and end offices are transmited ovér a CCS network using a Signaling System. 7 (SS7) protocol (TR-NW-000246, Bell Communications Research Specification Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IHAH for LHIXO Idaho/CDS-020124-0083 -198- Section 9 Unbundled Network Elements of Signaling System 7). 9.15.3.2.2 The- application data needed for processing LIDS data are formatted as Transaction Capabilties Application Part (TCAP) messages. TCAP messages may be carried as an application level protocol using SS7 protocols for basic message transport. 9.15.3.2.3 The SCP node provides all protocol and interface support. CLEC SS7 connections wil be required to meet Telcordia's GR905, TR954 and Qwests Technical Publication 77342 specifications. 9.15.3.2.4 Qwest wil include CLEC-provided data in Qwests LIDS in accordance with section 9.15.1 (LIDS Storage), and allow access to the data subject to Qwest negotiated agreements with Telecommunications Carriers, allowing CLEC's End Users the same benefits of said agreements as enjoyed by Qwest End Users. Qwest wil update CLEC data, as requested by CLEC. Qwest wil perform services provided hereunder and determine the applicable standard for the data, in accordance with operating methods, practices and standards. in effect. Qwest shall exercise reasonable efforts to provide accurate and complete LIDS information in Qwests LIDS. 9.15.3.3 Rate Elements - LlDB Query Service 9.15.3.3.1 The recurring charges for LIDS queries for Alternately Siled Services (ASS) calls processed by an Operator Services Switch are contained in Exhibit A of this Agreement. 9.15.3.3.2 charges. LIDS Query rates apply in addition to all applicable CCSAC 9.15.3.4 Ordering - LIDB Inquiry Service 9.15.3.4.1 LIDS requires a connection to the Common Channel Signaling Network (CCSN). Therefore, CLEC must have Common Channel Signaling Access Capabilit (CCSAC). 9.15.3.4.2 Provisioning of LIDS is done via the LIDS Access Request Form. Upon receipt of an accurate LIDS Access Request Form, Qwest wil complete all necessary work and service wil be available within seven (7) business days. 9.15.3.4.3 In addition to the LIDS Request Form, Hub Providers requesting LIDS services on behalf of CLEC must furnish Qwest a Proof of Authorization to prove that they have CLEC authorization to provide these services. This letter must be on file prior to Provisioning. 9.15.4 Fraud Alert Notification 9.15.4.1 Description - Fraud Alert Notification The WatchDog Fraud Management System (FMS) processes the LIDS query detail records to establish patterns and identif potential fraudulent situations. WatchDog Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -199- Section 9 Unbundled Network Elements issues an alert to the Qwest Fraud Investigation Unit (FlU). Qwest wil notify CLEC of system alerts on CLEC End User lines. 9.15.4.2 Terms and Conditions - Fraud Alert Notification Qwest wil notify CLEC of system alerts on CLEC End User lines. At the direction of CLEC, Qwest wil institute a block to prevent any further occurrence of fraud or uncollectible toll charges in accordance with practices used by Qwest for its own End Users. Such practices include, but are not limited to, removing from valid data. those data which incur fraud or uncollectible toll charges. 9.15.4.3 Rate Elements - Fraud Alert Notificaion . Fraud Alert Notification wil be biled on a time and material basis per alert. 9.15.4.4 Ordering - Fraud Alert Notification As part of the planning for LIDS Data Storage, CLEC wil provide Qwest a contact for fraud notification. The contact must be available twenty-four (24) hours a day, seven (7) days aweek. Qwest wil not take any action when fraud notification is received other than to notify CLEC. CLEC may request that Qwest deny a callng card. Any request of this type must be followed up by a fax as a confirmation. 9.16 8XX Database Query Service 9.16.1 8XX Database Query Service is an originating service which provides the Carrier Identification Code (CIC) and/or the vertical features associated with the 8XX number. Call routing information in the SMS/800 Database reflects the desires of the owner of the 8XX number as entered in the SMS/800 by its chosen responsible organization. 9.16.2 8XX Optional Features 9.16.2.1 POTS Translation - Delivers the ten-digit Plain Old Telephone Service (POTS) number to CLEC. To determine that the call originated as an 8XX number, the trunk group must be provisioned with Automatic Number Identification (ANI). ANI digit 24 wil be delivered to the trunk group. 9.16.2.2 Call Handling and Destination Features - This wil allow routing options by specifying a single Carrier, multiple Carriers, single termination or multiple terminations. Multiple terminations may require the POTS translation feature. Variable routing options are: a) Routing by originating NPA-NXX-XXXX; b) Time of day; c) Day of week; d) Specified date; and e) Allocation by percentage. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -200- Section 9 Unbundled Network Elements 9.16.3 Rate Elements 9.16.3.1 The recurring charges for 8XX Database Query Service, POTS Translation, and Call Handling and Destination Features are contained in Exhibit A of this Agreement. 9.16.3.2 The rates for 8XX Database Query Service only apply to queries from CLEC's Switch to the Qwest 8XX Database. If CLEC routes 8XX traffic to Qwest for delivery to an Interexchange Carrier, the call shall be handled as jointly provided switched access. If CLEC routes such traffic to Qwest without performing the query, Qwest shall perform the query in accordance with its switched access Tariff. 9.16.3.3 Nonrecurring Options Activations Charge wil apply for CLEC to activate 8XX Database Query Service. These rate elements are contained in the CCSAC/SS7 section of Exhibit A. 9.16.4 Ordering Process 9.16.4.1 CLEC shall order access to Qwest local STP (links and ports) prior to or in conjunction with 8XX Database Query Service. 9.16.4.2 The information and time intervals to order STP (links and ports) are contained in the Common Channel Signaling Capabilit/SS7 Section of this Agreement. STP links and ports are required with 8XX Database Query Service. 9.16.4.3 8XX Database Query Service shall be provided within thirt (30) days after CLEC has access to the Qwest local STP. 9.16.5 Technical Requirements 9.16.5.1 Qwest shall make Qwests Toll Free Number Database available, through its STPs, for CLEC to query from CLEC's designated Switch. 9.16.5.2 The Toll Free Number Database shall return Carrier identification and, where applicable, the queried toll free number, translated numbers and instructions as it would in response to a query from a Qwest Switch. 9.16.6 Intenace Requirements The signaling interface between CLEC's or other local Switch and the Toll-Free Number Database shall use the TCAP protocol as specified in the technical references together with the signaling network interface. 9.16.7 Technical References SCPslDatabases shall be consistent with the following technical references: 9.16.7.1 GR-246-CORE, Bell Communications Research Specification of Signaling System Number 7, Issue 1 (Bellcore, December 1994); 9.16.7.2 GR-1432-CORE, CCS Network Interface Specification (CCSNIS) Supporting Signaling Connection Control Part (SCCP) and Transaction Capabilties Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 201- Section 9 Unbundled Network Elements Application Part (TCAP) (Bellcore, March 1994); 9.16.7.3 GR-954-CORE, CCS Network Interface Specification (CCSNIS) Supporting Line Information Database (L1DB) Service 6, Issue 1, Rev. 1 (Bellcore, October 1995); 9.16.7.4 GR-1149-CORE, OSSGR Section 10: System Interfaces, Issue 1 (Bellcore, October 1995) (Replaces TR-NWT-001149); 9.16.7.5 GR-1158-CORE, OSSGR Section 22.3: Line Information Database 6, Issue (Bellcore, October 1995); and 9.16.7.6 WGR-1428-CORE, CCS Network Interface Specification (CCSNIS) Supporting Toll Free Service (Bellcore, May 1995). 9.17 InterNetwork Callng Name (ICNAM) 9.17.1 Description 9.17.1.1 InterNetwork Callng Name (ICNAM) is a Qwest service that allows CLEC to query Qwests ICNAM database and secure the listed name information for the requested telephone number (callng number), in order to deliver that information to CLEC's End Users. 9.17.1.2 ICNAM database contains current listed name data by working telephone number served or administered by Qwest, including listed name data provided by other Telecommunications Carriers participating in the callng name delivery service arrangement. 9.17.2 Terms and Conditions 9.17.2.1 In response to queries properly received at Qwests ICNAM database, Qwest wil provide the listed name of the callng part that relates to the callng telephone number (when the information is actually available in Qwests database and the delivery thereof is not blocked or otherwise limited by the callng part or. other appropriate request). CLEC is responsible for properly and accurately launching and transmitting the query from its serving office to the Qwest database. 9.17.2.2 In response to proper signaling queries, Qwest wil provide CLEC with ICNAM database End User information if the callng part's End User information is stored in the Qwest ICNAM database. As a result, the called part End User can identify the callng part listed name prior to receiving the cali, except in those cases where the callng part End User has its ICNAM information blocked. 9.17.2.3 Qwest wil allow CLEC to query Qwests ICNAM database in order to obtain ICNAM information that identifies the callng part End User. 9.17.2.4 The ICNAM service shall include the database dip and transport from Qwests regional STP to Qwests SCP where the database is located. Transport from CLEC's network to Qwests local STP is provided via Links, which are described and priced in the CCSAC/SS7 Section of this Agreement. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -202- Section 9 Unbundled Network Elements 9.17.2.5 CLEC shall send queries conforming to the American National Standards Institute's (ANSI) approved standards for SS7 protocol and per the following specification standard documents: a) Telcordia-SS7 Specification, TR-NPL-000246; b) ANSI-SS7 Specifications; c) Message Transfer Part T1.111 ; d) Signaling Connection Control Part T1 .112; e) Transaction Capabilities Application Part T1.114; f) Telcordia-CLASS Callng Name Delivery; g) Generic Requirements, TR-NW-001188; and h) Telcordia-CCS Network Interface Specifications, TR-TSV-000905. 9.17.2.6 CLEC acknowledges that transmission in the above protocol is necessary for Qwest to provision its ICNAMservices. CLEC wil adhere to other applicable standards, which include Telcordia specifications defining service applications, message types and formats. Qwest may modif its network pursuant to other specification standards that may become necessary to meet the prevailing demands within the United States Telecommunications industry. All such changes shall be announced in advance and coordinated with CLEC. 9.17.2.7 All queries to Qwests ICNAM database shall use a subsystem number (the designation of application) value of 250 with a translation type value of 5. CLEC acknowledges that such subsystem number and translation type values are necessary for Qwest to properly process queries to Qwests ICNAM database. 9.17.2.8 CLEC acknowledges and agrees that SS7 network overload due to extraordinary volumes of queries and/or other SS7 netork messages can and wil have a detrimental effect on the performance of Qwests SS7 network. CLEC further agrees that Qwest, in its sole discretion, shall employ certain automatic and/or manual overload controls within the Qwest SS7 network to safeguard against any detrimental effects. Qwest shall report to CLEC any instances where overload controls are invoked due to CLEC's SS7 network, and CLEC agrees in such cases to take immediate corrective actions as necessary to cure the conditions causing the overload situation. 9.17.2.9 Qwest shall exercise reasonable efforts to provide accurate and complete ICNAM information in Qwests ICNAM database. The ICNAM information is provided on an as-is Basis with all faults. Qwest does not warrant or guarantee the correctness or the completeness of such information; however, Qwest wil access the same ICNAM database for CLEC's queries as Qwest accesses for its own queries. In no event shall Qwest have any liabilit for system outage or inaccessibilit or for losses arising from the authorized use of the ICNAM data by CLEC. 9.17.2.10 CLEC shall arrange its Callng Part Number based services in such a Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 203- Section 9 Unbundled Network Elements manner that when a callng part requests privacy, CLEC wil not reveal that caller's name or number to the called party (CLEC's End User). CLEC wil comply with all FCC guidelines and, if applicable, the appropriate Commission rules, with regard to honoring the privacy indicator. 9.17.2.11 Owest retains full and complete ownership and control over the ICNAM database and all information in its database. CLEC agrees not to copy, store, maintain or create any table or database of any kind from any response received after initiating an ICNAM query to Owests database. CLEC wil prohibit its End Users from copying, storing, maintaining, or creating any table or database of any kind from any response provided by CLEC to its End User after CLEC initiated an ICNAM query to Owests ICNAM database. 9.17.2.12 Owest reserves the right to temporarily discontinue the ICNAM service if CLEC's incoming calls are so excessive as determined by Owest to jeopardize the viability of the ICNAM service. 9.17.3 Rate Elements Rate elements for ICNAM services are contained in Exhibit A of this Agreement. 9.17.4 Biling 9.17.4.1 CLEC agrees to pay Owest for each and every query initiated into Owests ICNAM database for any information, whether or not any information is actually provided. 9.17.4.2 month. ICNAM rates wil be biled to CLEC monthly by Owest for the previous 9.17.5 Ordering Process 9.17.5.1 CLEC shall order access to Owest local STP (links and ports) prior to or in conjunction with ICNAM Services. Section 9.13 contains information on ordering SS7 and STP links and ports. 9.17.5.2 If CLEC has an existing database of names that needs to be compiled into the appropriate format, ICNAM service wil begin thirt (30) days after Owest has received from CLEC its database information. 9.17.5.3 If CLEC has no existing end user base, then ICNAM service wil begin seven (7) days after Owest receives the CLEC order. 9.18 Additional Unbundled Elements CLEC may request non-discriminatory access to and, where appropriate, development of, additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process. 9.19 Construction Charges Owest wil conduct an individual financial assessment of any request that requires construction Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 - 204- Section 9 Unbundled Network Elements of network capacity, facilities, or space for access to or use of UNEs. When Owest constructs to fulfil CLEC's request for UNEs, Owest wil bid this construction on a case-by-case basis. Owest wil charge for the construction through nonrecurring charges and a term agreement for the remaining recurring charge, as described in the Construction Charges Section. When CLEC orders the same or substantially similar service available to Owest End User Customers, nothing in this Section shall be interpreted to authorize Owest to charge CLEC for special construction where such charges are not provided for in a Tarif or where such charges would not be applied to a Owest End User Customer. If Owest agrees to construct a Network Element that satisfies the description of a UNE contained in this agreement, that Network Element shall be deemed a UNE. 9.20 Unbundled Packet Switching . Owest shall provide CLEC with unbundled Packet Switching in a non-discriminatory manner according to the following terms and conditions. 9.20.1 Description 9.20.1.1 Unbundled Packet Switching provides the functionalit of delivering and routing packet data units via a virtual channel to a CLEC Demarcation Point. Unbundled Packet Switching includes use of a distribution Loop and virtual transport facilties as well as the DSLAM functionality with the routing and addressing functions of the Packet Switch necessary to generate the virtual channeL. 9.20.2 Terms and Conditions 9.20.2.1 CLEC may obtain unbundled Packet Switching only when all four (4) of the following conditions are satisfied in a specific geographic area: 9.20.2.1.1 Owest has deployed digital Loop carrier systems, including but not limited to, integrated digital Loop carrier or universal digital Loop carrier systems or has deployed any other system in which fiber optic facilities replace copper facilities in the distribution section. 9.20.2.1.2 There are no spare copper Loops available capable of supporting the xDSL services the requesting Carrier seeks to offer. 9.20.2.1.3 Owest has placed a DSLAM for its own use in a Remote Owest Premises but has not permited CLEC to collocate its own DSLAM at the same Remote Owest Premises or collocating a CLEC's DSLAM at the same Owest Premises wil not be capable of supporting xDSL services at Parit with the services that can be offered through Owests Unbundled Packet Switching. 9.20.2.1.4 Owest has deployed Packet Switching capability for its own use. 9.20.2.2 A Demarcation Point must be established to the Owest Packet Switch serving the DSLAM of the End User Customer to which CLEC is providing data services. 9.20.2.3 Owest wil provide CLEC with virtual channels at a physical network Demarcation Point such as a DSX-1 or DSX-3 in the Central Ofice in which the Packet Switch is located. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -205- Section 9 Unbundled Network Elements 9.20.2.4 The ATM virtual channels provided to CLEC shall conform with ATM User-to-Network Interface (UNI) specifications as described in ITU-T 1.371/ATM Forum. 9.20.2.5 CLEC must specify the number of virtual channels, the bit rate for each virtual channel, and the quality of service for each virtual channeL. Qwest wil commit to satisfy the request to the extent feasible. Qwest wil provide CLEC with Unspecified Bit- Rate (UBR) for each channel, and a minimum bit rate. 9.20.2.6 Qwest wil provision CLEC specified options as available for each virtual channel in its OSS. 9.20.2.7 Qwest shall provide CLEC with Packet Network Management capacit through its service order activities. CLEC shall have access to Qwests Packet Network Management Systems if, and only if, such Packet Network Management System capacity can be partitioned and made available to CLEC. 9.20.2.8 CLEC shall provide the Customer premises modem. Customer Premises Equipment including modem and filters must be compatible with specific DSLAM equipment deployed by Qwest. 9.20.3 Rate Elements 9.20.3.1 Unbundled Packet Switch Customer Channel - This rate element consists of two (2) rate sub elements: DSLAM functionality and virtual transport. 9.20.3.1.1 DSLAM - Both a nonrecurring rate and a recurring rate shall apply. Rates wil vary depending on the following factors: (a) Uncommitted Bit Rate or, (b) Commited Bit Rate at 256 Kbps, 512 Kbps, 768 Kbps, 1 Mbps, or 7 Mbps. 9.20.3.1.2 Virtual Transport - This includes virtual Loop transport from the DSLAM to the Qwest Wire Center and virtual interoffice transport from the Wire Center serving the End User Customer to the Wire Center containing the Packet Switch. Both a nonrecurring rate and a recurring rate shall apply. If CLEC provisions its own transport, then this rate element shall not apply. 9.20.3.2 Unbundled Packet Switch Loop Capabilty - This element includes Loop facilties between the remote DSLAM and the End User Customer premises and wil vary depending on the type of Loop elements, which may be either a Dedicated Loop or Shared Loop. If CLEC provisions its own transport from the End User Customer to the DSLAM, this rate element shall not apply. 9.20.3.3 Unbundled Packet Switch Interface Port - CLEC obtains the Unbundled Packet Switch Interface Port currently contained within Qwests network. This Port may be a DS1 or DS3 Port on a Packet Switch allowing virtual channels to be connected and transmitted to CLEC network. 9.20.4 Ordering Process 9.20.4.1 Prior to placing an order for unbundled Packet Switching CLEC must have provided Qwest a Collocation application, Collocation space availabilit report pursuant to Section 8.2.1.9, or a Collocation forecast to place a DSLAM in a Qwest Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LH/XO Idaho/CDS-020124-0083 -206- Section 9 Unbundled Network Elements Remote Premises containing a Owest OS LAM and been denied such access. 9.20.4.1.1 Upon CLEC request, Owest wil disclose the location of all OSLAM's Owest has deployed in Remote Premises throughout the state. 9.20.4.1.2 To the extent that CLEC submits an order for Unbundled Packet Switching before the Collocation Application, Collocation space availability report pursuant to Section 8.2.1.9, or Collocation Forecast is denied, Owest shall respond to the Collocation request and Unbundled Packet Switching order in paralleL. 9.20.4.2 Prior to placing an order for Unbundled Packet Switch Customer Channel, CLEC must have established or be in the process of establishing continuit between CLEC network and an Unbundled Packet Switch Interface Port. 9.20.4.3 To order unbundled Packet Switching, CLEC wil place two (2) orders via an LSR, which orders wil be provisioned according to the intervals set forth in Exhibit C once the continuity as set forth in the preceding section is established. 9.20.4.3.1 Network Interface Order to establish connectivi between CLEC network and Owest Unbundled Packet Switch Interface Port: CLEC must specify bandwidth requirement of OS1 or OS3. Owest wil combine transport UNE to Unbundled Packet Switch Interface Port. 9.20.4.3.2 Customer channel order to establish linkage between End User Customer equipment and Owests packet network: CLEC must specify remote OS LAM address, End User Customer address, quality of service requested, and bit-rate requested. 9.20.5 Maintenance and Repair Maintenance and Repair of unbundled Packet Switching are the sole responsibilty of Owest. Maintenance and Repair processes are contained in Section 12. 9.21 UNE.P Line Splitting 9.21.1 Description Line Splitting provides CLEC/OLEC with the opportunity to offer advanced data service simultaneously with an existing UNE-P by using the frequency range above the voice band on the copper Loop. The advanced data service may be provided by the Customer of record or another data service provider chosen by the Customer of record. A POTS Splitter must be inserted into the UNE-P to accommodate establishment of the advanced data service. The POTS Splitter separates the voice and data traffic and allows the copper Loop to be used for simultaneous OLEC data transmission and CLEC provided voice service to the End User. "CLEC" wil herein be referred to as the voice service provider while "OLEC" wil be referred to as the advanced data service provider. CLEC and OLEC may be the same entity. Only one (1) Customer of record determined by the CLEC/OLEC partnership wil be identified to Owest. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CD5-020124-0083 -207- Section 9 Unbundled Network Elements 9.21.2 Terms and Conditions 9.21.2.1 General 9.21.2.1.1 The Customer of record wil order the insertion of a POTS Splitter. Owest is not responsible for providing the Splitter, filter(s) and/or other equipment necessary for the End User to receive separate voice and data service across a single copper Loop. 9.21.2.1.2 To order Line Spliting, CLEC/DLEC must have a POTS Splitter installed in the Owest Wire Center that serves the End User. The POTS Splitter must meet the requirements for Central Ofice equipment Collocation set by the FCC or be compliant with ANSI T1.413. 9.21.2.1.3 CLEC/DLEC may provide any xDSL services that are compatible with CLEC UNE-P POTS service in accordance with ANSI T1.413 or IEEE 820 or other industry standards. 9.21.2.1.4 There may be only one DLEC at any given time that provides advanced data service on any given UNE-P. 9.21.2.1.5 The Customer of record wil be able to request conditioning of the Unbundled Loop portion of the UNE-P. Owest will perform requested conditioning of shared Loops to remove load coils and excess Bridged Taps. If CLEC requests conditioning and such conditioning significantly degrades the voice services on the Loop of the UNE-P to the point that it is unacceptable to CLEC, CLEC shall pay the conditioning rate set forth in Exhibit A to recondition the Loop. 9.21.2.1.6 POTS Spliters may be installed in OwestWire Centers in either of the following ways at the discretion of CLEC/DLEC: (a) via the standard Collocation arrangements set forth in the Collocation Section; or (b) via Common Area Spliter Collocation as set forth in the Shared Loop Section of this Agreement. Under either option, POTS Spliters wil be appropriately hard-wired or pre-wired so that Owest is not required to inventory more than two (2) points of termination. For UNE-P Line Splitting, Owest shall use the same nurnber of Cross Connections and the same length of the tie pairs as it uses for Line Sharing. 9.21.2.1.7 Reserved for Future Use. 9.21.3 9.21.2.1.8 POTS Spliter Collocation requirements are covered in the Shared Loop Section of this Agreement. Rate Elements The following UNE-P Line Spliting rate elements are contained in Exhibit A of this Agreement. 9.21.3.1 Recurring Rates for UNE-P Line Spliting. 9.21.3.1.1 Interconnection TIE Pairs (ITP). A monthly recurring charge to Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -208- Section 9 Unbundled Network Elements recover the costs associated with the use of 2 ITPs, one for voice and one for voice/data. 9.21.3.1.2 OSS Charge - A monthly recurring charge to recover the cost of the OSS modifications necessary to provide access to the high frequency portion of the UNE-P Loop. 9.21.3.2 Nonrecurring Rates for the UNE-P Line Splitting 9.21.3.2.1 Basic Installation Charge for UNE-P Line Splitting - A nonrecurring charge for each UNE-P Line Splitting installed will apply. 9.21.3.2.2 Charge for conditioning Loop associated with UNE-P - A nonrecurring charge for either conditioning the Loop by removing load coils and/or excess Bridged Taps; or reconditioning the line if necessary to assure the quality of the voice service on the UNE-P. 9.21.3.3 Nonrecurring Rates for Maintenance and Repair 9.21.3.3.1 Trouble Isolation Charge - A nonrecurring charge for Trouble isolation wil be applied in accordance with the Support Functions - Maintenance and Repair Section. 9.21.3.3.2 Additional Testing - The Customer of record may request Owest to perform additional testing, and Owest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge wil apply in accordance with Exhibit A. 9.21.3.4 Rates for POTS Splitter Collocation are included in Exhibit A of this Agreement. 9.21.3.5 All of these rates are interim and wil be subject to true-up based on either mutually agreed permanent rates or permanent rates established in a cost proceeding conducted by the Commission. In the event interim rates are established by the Commission before permanent rates are set, the interim rates set forth in Exhibit A wil be changed to reflect the intenm rates set by the Commission; however, no true up wil be performed until mutually agreed to permanent rates are established or permanent rates are established by the Commission. 9.21.4 Ordering Process 9.21.4.1 UNE-P Line Splitting 9.21.4.1.1 As a part of the pre-order process, CLEC/DLEC may access Loop characteristic information through the Loop Information Tool described in the Support Functions Section. The Customer of record wil determine, in its sole discretion and at its risk, whether to add data services to any specific UNE-P associated Loop. 9.21.4.1.2 The Customer of record wil provide on the LSR, the appropriate frame terminations that are dedicated to POTS Splitters. Owest wil administer Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -209- Section 9 Unbundled Network Elements all cross connects/jumpers on the COSMIC/MDF and IDF. 9.21.4.1.3 Basic Installation "lif and lay" procedure wil be used for all Line Splitting orders. Under this approach, a Qwest technician "lifs" the Loop from its current termination in a Qwest Wire Center and "lays" it on a new termination connecting to CLEC'S/DLEC's collocated equipment in the same Wire Center. 9.21.4.1.4 The Customer of record shall not place orders for UNE-P Line Splitting until all work necessary to provision UNE-P Line Splitting in a given Qwest Wire Center, including, but not limited to, POTS Splitter installation and TIE Cable reclassification or augmentation has been completed. 9.21.4.1.5 If a Line Splitting LSR is placed to change from Line Sharing to UNE-P Line Spliting or to change the voice provider in a UNE.P Line Splitting arrangement and the data provider does not change or move Splitter location, the data service will not be interrupted. 9.21.4.1.6 The Customer of record shall submit the appropriate LSR's associated with establishing UNE.P and Line Splitting. 9.21.5 Biling 9.21.5.1 Qwest shall provide a bil to the Customer of record, on a monthly basis, within seven to ten (7-10) calendar days of the last day of the most recent Billng period, in an agreed upon standard electronic Billng format, Biling information including (1) a summary bil, and (2) individual End User sub-account information consistent with the samples available for CLEC/DLEC review. 9.21.5.2 Qwest shall bil the Customer of record for all recurring and nonrecurring Line Spliting rate elements. 9.21.6 Repair and Maintenance 9.21.6.1 Qwest wil allow CLEC/DLEC to access UNE-P Line Splitting at the point where the combined voice and data Loop is cross-connected to the POTS Splitter. 9.21.6.2 The Customer of record wil be responsible for reporting to Qwest voice service troubles provided over UNE-P Line Spliting. Qwest wil be responsible to repair troubles on the physical line between Network Interface Devices at the user premises and the point of demarcation in Qwest Wire Centers. CLEC/DLEC wil be responsible for repairing data services provided on UNE-P Line Splitting. Qwest, CLEC and DLEC each wil be responsible for maintaining its equipment. The entity that controls the POTS Splitters wil be responsible for their maintenance. 9.21.6.3 Qwest, CLEC and DLEC wil continue to develop repair and maintenance procedures for UNE-P Line Splitting and agree to document final agreed to procedures in a methods and procedures document that wil be made available on Qwests website: http://ww.qwest.com/wholesale/productsservices/pcatlindex.html. In the interim, Qwest and CLEC/DLEC agree that the following general principles wil guide the repair and maintenance process for UNE.P Line Spliting. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 - 210- Section 9 Unbundled Network Elements 9.21.6.3.1 If an End User complains of a voice service problem that may be related to the use of an UNE-P for data services, Qwest and CLEC/DLEC wil work together with the End User to solve the problem to the satisfaction of the End User. Qwest wil not disconnect the data service without authorization from the Customer of record. 9.21.6.3.2 CLEC and DLEC are responsible for their respective End User base. CLECIDLEC wil have the responsibilit for initiation and resolution of any service trouble report(s) initiated by their respective End Users. 9.21.6.3.3 Qwest wil test for electrical faults (e.g. opens, and/or foreign voltage) on UNE-P Line Spliting in response to trouble tickets initiated by CLEC. When trouble tickets are initiated by CLEC, and such trouble is not an electrical fault (e.g. opens, shorts, and/or foreign voltage) in Qwests network, Qwest wil assess the Customer of record the TIC Charge. 9.21.6.3.4 When trouble reported by the Customer of record is not isolated or identified by tests for electrical faults (e.g. opens, shorts, and/or foreign voltage), Qwest may perform additional testing at the request of the Customer of record on a case-by-casebasis. The Customer of record may request that Qwest perform additional testing and Qwest may decide not to perform requested testing where it believes, in good faith, that additional testing is unnecessary because the test requested has already been performed or otherwise duplicates the results of a previously performed test. In this case, Qwest wil provide the Customer of record with the relevant test results on a case-by-case basis. If this additional testing uncovers electrical fault trouble (e.g. opens, shorts, and/or foreign voltage) in the portion of the network for which Qwest is responsible, the Customer of record wil not be charged by Qwest for the testing. If this additional testing uncovers a problem in the portion of the network for which CLEC/DLEC is responsible, Qwest wil assess the appropriate Miscellaneous Charge to the Customer of record 9.21.6.4 When POTS Splitters are installed in Qwest Wire Centers via Common Area Splitter Collocation, CLEC/DLEC wil order and install additional Splitter cards as necessary to increase the capacity of the POTS Spliters. CLEC/DLEC will leave one unused, spare Spliter card in every shelf to be used for repair and maintenance until such time as the card must be used to fil the shelf to capacity. 9.21.6.5 When POTS Spliters are installed in Qwest Wire Centers via standard Collocation arrangements, CLEC/DLEC may install test access equipment in its Collocation areas in those Wire Centers for the purpose of testing UNE-P Line Splitting. This equipment must meet the requirements for Central Office equipment set by the FCC. 9.21.6.6 Qwest, CLEC and DLEC wil work together to address End User initiated repair requests and to prevent adverse impacts to the End User. 9.21.7 Customer of Record and Authorized Agents 9.21.7.1 "Customer of record" is defined for purposes of this section as the CLEC that is the biled Customer for Line Spliting. The Customer of record may designate an Qwest Idaho SGAT - Second Revision, December 10,2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 211- Section 9 Unbundled Network Elements authorized agent pursuant to the terms of sections 9.21.7.2 and 9.21.7.3 to perform ordering and/or Maintenance and Repair functions. 9.21.7.2 In order for the authorized agent of the Customer of record to perform ordering and/or Maintenance and Repair functions, the Customer of record must provide its authorized agent the necessary access and security devices, including but not limited to user identifications, digital certificates and SecurlD cards, that will allow the authorized agent to access the records of the Customer of record. Such access wil be managed by the Customer of record. 9.21.7.3 The Customer of record shall hold Qwest harmless with regard to any harm to Customer of record as a direct and proximate result of the acts or omissions of the authorized agent of the Customer of record or any other person who has obtained from the Customer of record the necessary access and security devices through the Customer of record, including but not limited to user identifications, digital certificates and SecurlD cards, that allow such person to access the records of the Customer of record unless such access and security devices were wrongfully obtained by such person through the wilful or negligent behavior of Qwest. 9.22 Reserved for Future Use 9.23 Unbundled Network Elements Combinations (UNE Combinations) 9.23.1 General Terms 9.23.1.1 Qwest shall provide CLEC with non-discriminatory access to combinations of Unbundled Network Elements including but not limited to. the UNE- Platform (UNE-P) and Enhanced Extended Loop (EEL), according to the following terms and conditions. 9.23.1.2 Qwest wil offer to CLEC UNE Combinations, on rates, terms and conditions that are just, reasonable and non-discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access to UNE Combinations described in this section are not exclusive. Qwest wil make available any other form of access requested by CLEC that is consistent with the Act and the regulations thereunder. CLEC shall be entitled to access to all combinations functionality as provided in FCC rules and other Applicable Laws. Qwest shall not require CLEC to access any UNE Combinations in conjunction with any other service or element unless specified in this Agreement or as required for technical feasibilty reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE Combination(s) accessed by CLEC except as specified in this Agreement or required by Existing Rules. 9.23.1.2.1 Changes in law, regulations or other "Existing Rules" relating to UNEs and UNE Combinations, including additions and deletions of elements Qwest is required to unbundled and/or provide in a UNE Combination, shall be incorporated into this Agreement pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws, or the Bona Fide Request process, CLEe may identif and request that Qwest furnish additional or revised UNEs to the extent Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 212- Section 9 Unbundled Network Elements required under Section 251 (c)(3) of the Act and other Applicable Laws. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC or the state Commission. 9.23.1.2.2 In addition to the UNE Combinations provided by Qwest to CLEC hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest with another UNE provided by Qwest or with compatible network components provided by CLEC or provided by third parties to CLEC in order to provide Telecommunications Services. Where specifically prohibited by applicable federal or state requirements, UNE Combinations wil not be directly connected to a Qwest Finished Service, whether found in a Tarif or otherwise, without going through a Collocation, unless otherwise agreed to by the Parties. Notwithstanding the foregoing, CLEC can connect its UNE Combination to Qwests Directory Assistance and Operator Services platforms. 9.23.1.2.3 Where a CLEC has been denied access to a Loop as a UNE due to lack of facilties, and where CLEC has requested and been denied the construction of new facilities to provide such Loop, CLEC may connect a similar bandwith tarifed service that it secures in lieu of that UNE to a transport UNE that it has secured from Qwest. Before making such connection, CLEC shall provide Qwest with evidence sufficient to demonstrate that it has fulfiled all of the prior conditions of this provision. This provision shall be changed as may be required to conform to the decisions of the FCC under any proceedings related to the Public Notice referred to in document FCC 00-183. 9.23.1.3 When ordered as combinations of UNEs, Network Elements that are currently combined and ordered together wil not be physically disconnected or separated in any fashion except for technical reasons or if requested by CLEC. Network elements to be provisioned together shall be identified and ordered by CLEC as such. When CLEC orders in combination UNEs that are currently interconnected and functional, such UNEs shall remain interconnected or combined as a working service without any disconnection or disruption of functionality. 9.23.1.4 When ordered in combination, Qwest wil combine for CLEC UNEs that are ordinarily combined in Qwests network, provided that facilties are available. 9.23.1.5 When ordered in combination, Qwest wil combine forCLEC UNEs that are not ordinarily combined in Qwests network, provided that facilities are available and such combination: 9.23.1.5.1 Is Technically Feasible; 9.23.1.5.2 Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Qwests network; and 9.23.1.5.3 Would not impair Qwests use of its network. 9.23.1.6 When ordered in combination, Qwest wil combine CLEC UNEs with Qwest UNEs, provided that facilities are available and such combination: 9.23.1.6.1 Is Technically Feasible; Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 - 213- Section 9 Unbundled Network Elements 9.23.1.6.2 Shall .be performed in a manner that provides Qwest access to necessary facilities; 9.23.1.6.3 Would not impair the ability of other Carriers to obtain access to UNEsor to interconnect with Qwests network; and 9.23.1.6.4 Would not impair Qwests use of its network. 9.23.2 Description UNE Combinations are available in, but not limited to, the following standard products: a) UNE- P in the following form: (i) 1 FR/1 FB Plain Old Telephone Service (POTS), (ii) ISDN - either Basic Rate or Primary Rate, (iii) Digital Switched Service (DSS), (iv) PBX Trunks, and (v) . Centrex; b) EEL (subject to the limitations set forth below). If CLEC desires access to a diferent UNE Combination, CLEC may request access through the Special Request Process set forth in this Agreement. Qwest wil provision UNE Combinations pursuant to the terms of this Agreement without requiring an amendment to this Agreement, provided that all UNEs making up the UNE Combination are contained this Agreement. If Qwest develops additional UNE Combination products, CLEC can order such products without using the Special Request Process, but CLEC may need to submit a CLEC questionnaire amendment before ordering such products. 9.23.3 Terms and Conditions 9.23.3.1 Qwest shall provide non-discriminatory access to UNE Combinations on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of a UNE Combination Qwest provides, as well as the access provided to that UNE Combination, wil be equal between all Carriers requesting access to that UNE Combination; and, where Technically Feasible, the access and UNE Combination provided by Qwest will be provided in "substantially the same time and manner" to that which Qwest provides to itself. In those situations where Qwest does not provide access to UNE Combinations itself, Qwest wil provide access in a manner that provides CLEC with a meaningful opportunit to compete. 9.23.3.2 "UNE-P-POTS": 1 FR/1 FB lines are available to CLEC as a UNE Combination. UNE-P POTS is comprised of the following Unbundled Network Elements: Analog - 2 wire voice grade Loop, Analog Line Side Port and Shared Transport. All the vertical Switch features that are Technically Feasible for POTS are available with UNE- P-POTS. For complete descriptions please refer to the appropriate Unbundled Network Elements in this Agreement. 9.23.3.3 "UNE-P-PBX": PBX Trunks are available to CLEC as a UNE Combination. There are two (2) tyes of UNE-P-PBX: Analog Trunks and Direct Inward Dialing (DID) Trunks. UNE-P-PBX is comprised of the following Unbundled Network Elements: 2/4 Wire Analog Loop, Analog/DID Trunks, and Shared Transport. All the vertical Switch features that are Technically Feasible for Analog and DID PBX Trunks are available with UNE-P-PBX. For complete descriptions please refer to the appropriate Unbundled Network Elements in this Agreement. 9.23.3.4 "UNE-P-DSS": Digital Switched Service (DSS) is available to CLEC as a UNE Combination. UNE-P-DSS is comprised of the following Unbundled Network Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 214- Section 9 Unbundled Network Elements Elements: DS1 Capable Loop, Digital Line-Side Port and Shared Transport. All the vertical Switch features that are Technically Feasible for Digital Switched Service are available with UNE-P-DSS. For complete descriptions please refer to the appropriate Unbundled Network Elements in this Agreement. 9.23.3.5 "UNE-P-ISDN": ISDN lines are available toCLEC as a UNE Combination. All the vertical Switch features that are Technically Feasible for ISDN are available with UNE-P-ISDN. There are two types of UNE-P-ISDN: a) Basic rate (UNE-P-ISDN-BRI) is comprised of the following Unbundled Network Elements: Basic ISDN Capable Loop, BRI Line Side Port and Shared Transport; and b) Primary rate (UNE-P-ISDN-PRI) - UNE-P-ISDN-PRlis comprised of the following Unbundled Network Elements: Basic ISDN Capable Loop, Digital Line Side Port and Shared Transport. For complete descriptions please refer to the appropriate Unbundled Network Elements in this Agreement. 9.23.3.6 UNE-P-Centrex: - Centrex Service is available to CLEC as a UNE Combination. Centrex is comprised of the following Unbundled Network Elements: Analog - 2 wire voice grade Loop, Analog Line Side Port, and Shared Transport. All the vertical Switch features that are Technically Feasible for Centrex service are available with UNE-P-Centrex. 9.23.3.6.1 CLEC may also request a service change from Centrex 21, Centrex Plus or Centron servce to UNE-P-POTS. The UNE.P-POTS line wil contain the UNEs established in Section 9.23.3.2 of this Agreement. 9.23.3.6.2 Qwest wil provide access to Customer Management System (CMS) with UNE-P-Centrex. 9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and dedicated interoffice transport and may also include multiplexing or concentration capabilities. EEL transport and Loop facilities may utilize DSO through OC-192 or other existing bandwidths. In addition, DSO, DS1 and DS3 bandwidths are defined products. Other existing bandwidths can be ordered through the Special Request Process set forth in Exhibit F. Qwest has two EEL options: "EEL-Conversion" (EEL-C) and "EEL- Provision" (EEL-P). 9.23.3.7.1 Unless CLEC is specifically granted a waiver from the FCC which provides otherwise, and the terms and conditions of the FCC waiver apply to CLEC's request for a particular EEL, CLEC cannot utilize combinations of Unbundled Network Elements that include Unbundled Loop and unbundled interoffice dedicated transport to create a UNE Combination unless CLEC establishes to Qwest that it is using the combination of Network Elements to provide a significant amount of local exchange traffic to a particular End User Customer. The significant amount of local use requirement does not apply to combinations of Loop and multiplexing when the high side of the multiplexer is connected via an ITP for CLEC's Collocation. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 215- Section 9 Unbundled Network Elements 9.23.3.7.2 To establish that an EEL is carrying a "Significant Amount of Local Exchange Traffic," one of the following three (3) local service options must exist: 9.23.3.7.2.1 Option 1: CLEC must certify to Qwest that it is the exclusive provider of an End User Customer's Local Exchange Service and that the Loop transport combination originates at a Customer's premises and that it terminates at CLEC's Collocation arrangement in at least one Qwest Central Ofice. This condition, or option, does not allow Loop-transport combinations to be connected to Qwests Tarifed services. 9.23.3.7.2.2 Option 2: CLEC must certify that it provides local exchange and Exchange Access service to the End User Customer's premises and handles at least one-third (1/3) of the End User Customer's local traffic measured as a percent of total End User Customer local dial tone lines; and for DS1 level circuits and above, at least fif percent (50%) of the activated channels on the Loop portion of the Loop and transport combination have at least five percent (5%) local voice traffic individually; and the entire Loop facilty has at least ten percent (10%) local voice traffic; and the Loop/transport combination originates at a Customer's premises and terminates at CLEC's Collocation arrangement in at least one Qwest Central Ofice; and if a Loop/transport combination includes multiplexing, each of the multiplexed facilties must meet the above criteria outlined in this paragraph. (For example, if DS1 Loops are multiplexed onto DS3 transport, each of the individual DS1 facilities must meet the criteria outlined in this paragraph in order for the DS1IDS3 Loop/transport combination to qualify for UNE treatment). This condition, or option, does not allow Loop-transport combinations to be connected to Qwests Tarifed services. 9.23.3.7.2.3 Option 3: CLEC must certif that at least fif percent (50%) of the activated channels on a circuit are used to provide onginating and terminating local dial tone service and at least fift percent (50%) of the traffic on each of these local dial tone channels is local voice traffic; and the entire Loop facility has at least thirt-three percent (33%) local voice traffic; and if a Loop/transport combination includes multiplexing, each of the multiplexed facilties must meet the above criteria. For example, if DS1 Loops are multiplexed onto DS3 transport, each of the individual DS1 facilities must meet the criteria as outlined in this paragraph in order for the DS1/DS3 Loop/transport combination to qualify for UNE treatment. This condition, or option, does not allow Loop- transport combinations to be connected to Qwests Tarifed services. Under this option, Collocation is not required. Under this option, CLEC does not need to provide a defined portion of the End User Customer's local service, but the active channels on any Loop-transport combinations, and the entire facility, must carry the amount of local exchange traffic specified in this option. 9.23.3.7.2.4 When CLEC certifies to Qwest through a certification letter, or other mutually agreed upon solution, that the combination of element is carrying a "Significant Amount of · Local Exchange" Traffic, then Qwest Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 216- Section 9 Unbundled Network Elements wil provision the EEL or convert the Special Access circuit to an EEL-C. For each EEL or Special Access circuit, CLEC shall indicate in the certification letter under which local usage option, set forth in paragraph 9.23.3.7.2.1, 9.23.3.7.2.2 or 9.23.3.3.7.2.3, it seeks to qualify the circuit. 9.23.3.7.2.5 CLEC's local service certification shall remain valid only so long as CLEC continues to satisfy one (1) of the three (3) options set forth in Section 9.23.3.7.2 of this Agreement. CLEC must provide a service order converting the EEL to Private Line/Special Access Circuit to Qwest within thirt (30) days if CLEC's certification on a given circuit is no longer valid. 9.23.3.7.2.6 In order to confirm reasonable compliance with these requirements, Qwest may peiform audits of CLEC's records according to the following guidelines: a) Qwest may, upon thirt (30) days written notice to aCLEC that has purchased Loopltransport combinations as UNEs, conduct an audit to ascertain whether those Loopltransport combinations were eligible for UNE treatment at the time of conversion and on an ongoing basis thereafter. b) CLEC shall make reasonable efforts to cooperate with any audit by Qwest and shall provide Qwest with relevant records (e.g., network and circuit configuration data, local telephone numbers) which demonstrate that CLEC's Unbundled Loop transport combination is configured to provide Local Exchange Service in accordance with its certification. c) An independent auditor hired and paid for by Qwest shall peiformany audits, provided, however, that if an audit reveals that CLEC's EEL circuit(s) do not meet or have not met the certification requirements, then CLEC shall reimburse Qwest for the cost of the audit. d) An audit shall be peiformed using industry audit.standards during normal business hours, unless there is a mutual agreement otherwise. e) Qwest shall not exercise its audit rights with respect to a particular CLEC (excluding Affilates), more than once in any calendar year, unless an audit finds non-compliance. If an audit does find non-compliance, Qwest shall not exercise its audit rights for sixt (60) days following that audit, and if any subsequent audit does not find non-compliance, then Qwest shall not exercise it audit rights for the remainder of the calendar year. f) At the same time that Qwest provides notice of an audit to CLEC under this paragraph, Qwest shall send a copy of the notice to the Federal Communications Commission. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 217- Section 9 Unbundled Network Elements g) Audits conducted by Qwest for the purpose of determining compliance with certification criteria shall not effect or in any way Iimit- any audit rights that Qwest may have pursuant to an Interconnection agreement between CLEC and Qwest. h) Qwest shall not use any other audit rights it may have pursuant to an Interconnection agreement between CLEC and Qwest to audit for compliance with the local exchange traffic requirements of Section 9.23.3.7.2. Qwest shall not require an audit as a prior prerequisite to Provisioning EELs. i) CLEC shall maintain appropriate records to support its certification. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. 9.23.3.7.2.7 Qwest wil not provision EEL or convert Private Line/Special Access to an EEL if Qwest records indicate that the Private Line/Special Access is or the EEL wil be connected directly to a Taried service or if, in options 1 and 2 above, the EEL would not terminate at CLEC's Collocation arrangement in at least one Qwest Central Ofice. 9.23.3.7.2.8 If an audit demonstrates that an EEL does not meet the local use requirements of Section 9.23.3.7.2 on average for two (2) consecutive months for which data is available, then the EEL shall be converted to special access or private line rates within thirt (30) days. 9.23.3.7.2.9 If CLEC learns for any reason that an EEL does not meet the local use requirements of Section 9.23.3.7.2, then the EEL shall be converted to special access or private line rates within thirt (30) days. CLEC has no ongoing duty to monitor EELs to verif that they continue to satisfy the local use requirements of Section 9.23.3.7.2, except that if any service order activit occurs relating to an EEL, then CLEC must veri that the EEL continues to satisfy the local use requirements of Section 9.23.3.7.2. Any disputes regarding whether an EEL meets the local use requirements shall be handled pursuant to the dispute resolution provisions of this SGAT. While a dispute is pending resolution, the status quo wil be maintained and the EEL wil not be converted to special access or private line rates 9.23.3.7.2.10 No private line or other Unbundled Loop shall be available for conversion into an EEL or be combined with other elements to create an EEL if it utilizes shared use Billng, commonly referred to as ratcheting. Any change to a private line or other Unbundled Loop including changes to eliminate shared use Biling for any or all circuits, prior to conversion of those circuits to EEL shall be conducted pursuant to the processes, procedures, and terms pursuant to which such private line or Loop was provisioned. Any appropriate charges from such processes, procedures, and terms shall apply (sometimes referred to as "groming charges"). 9.23.3.7.2.11 EEL-C is the conversion of an existing Private Line/Special Access service to a combination of Loop and transport UNEs. Retail Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 218- Section 9 Unbundled Network Elements and/or resale private line circuits (including multiplexing and concentration) may be converted to EEL-C if the conversion is Technically -Feasible and they meet the terms of this Section 9.23.3.7. Qwest wil make EEL-Conversion Combinations available to CLEC upon request. Qwest wil provide CLEC with access to EEL-Conversion Combinations according to the standard intervals set forth in Exhibit C. 9.23.3.7.2.11.1 CLEC must utilze EEL-C to provide a significant amount of Local Exchange Service in accordance with the three options listed under Section 9.23.3.7.2. 9.23.3.7.2.12 EEL-P - EEL.P is a combination of Loop and dedicated interoffice transport used for the purpose of connecting an End User Customer to a CLEC Switch. EEL-P is a new installation of circuits for the purpose of CLEC providing services to End User Customers. 9.23.3.7.2.12.1 Terms and Conditions 9.23.3.7.2.12.2 CLEC must utilze EEL-P to provide a significant amount of Local Exchange Service to each End User Customer served in accordance with the three options listed under Section 9.23.3.7.2. 9.23.3.7.2.12.3 One end of the interoffice facility must originate at a CLEC Collocation in a Wire Center other than the Serving Wire Center of the Loop. 9.23.3.7.2.12.4 EEL combinations may consist of Loops and interoffice transport of the same bandwidth (Point-to-Point EEL). When multiplexing is requested, EEL may consist of Loops and interoffice transport of diferent bandwidths (Multiplexed EEL). CLEC may also order combinations of interoffice transport, concentration capabilit and DSO Loops. 9.23.3.7.2.12.5 When concentration capabilty is requested, CLEC wil purchase the appropriate concentration equipment and provide it to Qwest for installation in the Wire Center. 9.23.3.7.2.12.6 Installation intervals are set forth in Exhibit C and are equivalent to the respective Private Line TransportService on the following web-site address: http://ww.qwest.com/carrier/guides/sig/index.html. 9.23.3.7.2.12.7 Concentration intervals wil be offered at an ICB. capabilty installation 9.23.3.7.2.12.8 EEL-P is available only where existing facilties are available. 9.23.3.8 Ordering Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 219- Section 9 Unbundled Network Elements 9.23.3.8.1 Reserved for Future Use. 9.23.3.8.2 CLEC wil submit EEL orders using the LSR process. 9.23.3.8.3 Qwest wil install the appropriate Channel Card based on the OSO EEL Link LSR order and apply the charges. 9.23.3.8.4 Requests for Concentration wil be submitted using the Virtual Collocation process. Virtual Collocation intervals wil be adhered to. 9.23.3.8.5 One LSR is required when CLEC orders Point-to-Point EEL. Multiplexed EEL, EEL Transport and EEL Links must be ordered on separate LSRs. 9.23.3.9 Rate Elements 9.23.3.9.1 EEL Link. The EEL Link is the Loop connection between the End User Customer premises and the Serving Wire Center. EEL Link is available in OSO, OS1 and OS3 and higher bandwidths as they become available. Recurring and nonrecurring charges apply. 9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated interoffice facilties between Qwest Wire Centers. EEL Transport is available in OSO, OS1, OS3, OC3, OC12 and higher bandwidths as they become available. Recurring and nonrecurring charges apply. 9.23.3.9.3 EEL Multiplexing. EEL multiplexing is offered in OS3 to OS1 and OS1 to OSO configurations. All other multiplexing arrangements wil be ICB. EEL multiplexing is ordered with EEL Transport. Recurring and nonrecurring charges set forth in Exhibit A apply. 9.23.3.9.4 OSO Low Side Channelization and OSO MUXLow Side Channelization. EEL OSO Channel Cards are required for each OSO EEL Link connected to a 1/0 EEL Multiplexer. Channel Cards are available for analog Loop Start, Ground Start, Reverse Battery and No Signaling. 9.23.3.9.5 Concentration Capability. Concentration Capabilty rates wil be provided as an ICB. Cost recovery includes, but is not limited to, space preparation and space lease, equipment installation, cabling and associated terminations and structure installation, personnel training (if required) and delivery of required power. Recurring and nonrecurring charges apply. 9.23.3.10 CLEC may request access to and, where appropriate, development of, additional UNE Combinations. For UNEs Qwest currently combines in its network CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that Qwest does not currently combine, CLEC must use the Bona Fide Request Process (BFR). In its BFR or SRP request, CLEC must identify the specific combination of UNEs, identifying each individual UNE by name as described in this Agreement. 9.23.3.11 The following terms and conditions are available for all types of UNE-P: Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -220- Section 9 Unbundled Network Elements 9.23.3.11.1 UNE-P wil include the capability to access long distance service (InterLATA and IntraLATA) of CLEC's Customer's choice on a 2-PIC basis, access to 91- Emergency Services, capabilty to access CLEC's Operator Services platform, capabilty to access CLEC's Directory Assistance platform and Qwest customized routing service; and, if desired by CLEC, access to Qwest Operator Services and Directory Assistance Service. 9.23.3.11.2 If Qwest provides and CLEC accepts operator services, directory assistance, and IntraLATA long distance as a part of the basic exchange line, it wil be offered with standard Qwest branding. CLEC is not permitted to alter the branding of these services in any manner when the services are a part of the UNE-P line without the prior written approval of Qwest. However, at the request of CLEC and where Technically Feasible, Qwest wil rebrand operator services and directory assistance in CLEC's name, in CLEC's choice of name, or in no name in accordance with terms and conditions set forth in this Agreement. 9.23.3.11.3 CLEC may order Customized Routing in conjunction with UNE-P for alternative operator service and/or directory assistance platforms. CLEC shall be responsible to combine UNE-P with all components and requirements associated with Customized Routing needed to utilze related functionality. Fora complete description of Customized Routing, refer to that Section of this Agreement. 9.23.3.11.4 Qwest shall provide to CLEC, for CLEC's End User Customers, E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Qwest shall not be responsible for any failure of CLEC to provide accurate End User Customer information for listings in any databases in which Qwest is required to retain and/or maintain End User Customer information. Qwest shall provide CLEC's End User Customer information to the ALI/OMS (Automatic Location Identification/Database Management System). Qwest shall use its standard process to update and maintain, on the same schedule that it uses for its End User Customers, CLEC's End User Customer servce information in the ALI/OMS used to support E911/911 services. Qwest assumes no liability for the accuracy of information provided by CLEC. 9.23.3.11.5 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its End User Customers for InterLATA and IntraLATA services. CLEC shall follow all Applicable Laws, rules and regulations with respect to PiC changes and Qwest shall disclaim any liabilty for CLEC's improper PIC change requests. 9.23.3.11.6 Feature and InterLATA or IntraLATA PIC changes or additions for UNE-P, wil be processed concurrently with the UNE-P order as specified by CLEC. 9.23.3.11.7 CLEC may order new or retain existing Qwest DSL service on behalf of End User Customers when utilizing UNE-P-POTS, UNE-P-Centrex, and UNE-P.PBX (analog, non-DID trunks only) combinations, where Technically Feasible. The price for Qwest DSL provided with UNE-P combinations is included in Exhibit A to this Agreement. Qwest DSL service provided to internet Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 221- Section 9 Unbundled Network Elements service providers and not provided directly to Owest or CLEC's End Users is not available with UNE-P combinations. 9.23.3.12 If CLEC is obtaining services from Owest under an arrangement or agreement that includes the application of termination liabilty assessment (TLA) or minimum period charges, and if CLEC wishes to convert such services to UNEs or a UNE Combination, the conversion of such services wil not be delayed due to the applicability of TLA or minimum period charges. The applicability of such charges is governed by the terms of the original agreement, Tarif or arrangement. Owest wil waive any TLA charge otherwise applicable under the agreement or Tarif election by which a CLEC ordered or augmented a special access circuit under interstate Tarif between February 17, 2000 and May 16, 2001, provided that CLEC identifies and communicates in writing to Owest on or before November 30, 2001 each circuit it believes to qualif hereunder. Nothing herein shall be construed as expanding the rights otherwise granted by this SGAT or by law to elect to make such conversions. 9.23.3.13 For installation of new UNE Combinations, CLEC wil not be assessed UNE rates for UNEs ordered in combination until access to all UNEs that make up such combination have been provisioned to CLEC as a combination, unless a UNE is not available until a later time and CLEC elects to have Owest provision the other elements before all elements are available. For conversions of existing resale services toUNE-P Combinations, CLEC wil be biled at the UNE-P rate, and Billng at the resold rate wil cease, on the Due Date scheduled for the conversion, so long as the Due Date of the conversion was a standard or longer interval, unless CLEC has caused or requested a delay of the conversion. 9.23.3.14 Reserved for Future Use. 9.23.3.15 When End User Customers switch from Owest to CLEC, or to CLEC from any other competitor and is obtaining service through a UNE Combination, such End User Customers shall be permitted to retain their current telephone numbers if they so desire. 9.23.3.16 In the event Owest terminates the Provisioning of any UNE Combination service to CLEC for any reason, CLEC shall be responsible for providing any and all necessary notice to its End User Customers of the termination. In no case shall Owest be responsible for providing such notice to CLEC's End User Customers. Owest shall only be required to notify CLEC of Owests termination of the UNE Combination service on a timely basis consistent with Commission rules and notice requirements. 9.23.3.17 CLEC, or CLEC's agent, shall act as the single point of contact for its End User Customers' service needs, including without limitation, sales, service design, order taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post- sale servicing, Biling, collection and inquiry. CLEC shall inform its End User Customers that they are End User Customers of CLEC. CLEC's' End User Customers contacting Owest wil be instructed to contact CLEC, and Owests End User Customers contacting CLEC wil be instructed to contact Owest. In responding to calls, neither Part shall make disparaging remarks about each other. To the extent the correct provider can be determined, misdirected calls received by either Part wil be referred to the proper provider of Local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Owest or CLEC from discussing its products and services with Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -222- Section 9 Unbundled Network Elements CLEC's or Qwests End User Customers who call the other Part seeking such information. 9.23.3.18 Reserved for Future Use. 9.23.4 Rates and Charges 9.23.4.1 The rates and charges for the individual Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit A for both recurring and nonrecurring application. 9.23.4.1.1 Recurring monthly charges for each Unbundled Network Element that comprise the UNE Combination shall apply when a UNE Combination is ordered. The recurring monthly charges for each UNE, including but not limited to, Unbundled 2-wire Analog Loop, Analog Line Side Port and Shared Transport, are contained in Exhibit A. 9.23.4.1.2 Nonrecurring charges, if any, wil apply based upon the cost to Qwest of Provisioning the UNE Combination and providing access to the UNE Combination. These nonrecurring charges, if any, are described in Exhibit A. 9.23.4.2 If the Commission takes any action to adjust the rates previously ordered, Qwest wil make a compliance filng to incorporate the adjusted rates into Exhibit A. Upon the compliance filing by Qwest, the Parties wil abide by the adjusted rates on a going-forward basis, or as ordered by the Commission. 9.23.4.3 CLEC shall be responsible for Biling its End User Customers served over UNE Combinations for all Miscellaneous Charges and surcharges required of CLEC by statute, regulation or otherwise required. 9.23.4.4 CLEC shall pay Qwest the PiC change charge associated with CLEC End User Customers changes of InterLATA or IntraLATA Carriers. Any change in CLEC's End User Customers' InterLATA or IntraLATA Carrier must be requested by CLEC on behalf of its End User Customers. 9.23.4.5 If an End User Customer is served by CLEC through a UNE Combination, Qwest wil not charge, assess, or collect Switched Access charges for InterLATA or IntraLATA calls originating or terminating from that End User Customer's phone after conversion to a UNE Combination is complete. 9.23.4.6 Qwest shall have a reasonable amount of time to implement system or other changes necessary to bil CLEC for Commission-ordered rates or charges associated with UNE Combinations. 9.23.5 Ordering Process 9.23.5.1 Most UNE Combinations and associated products and services are ordered via an LSR. Ordering processes are contained in this Agreement and in the PCAT. The following is a high-level description of the ordering process: 9.23.5.1.1 Reserved for Future Use. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -223- Section 9 Unbundled Network Elements 9.23.5.1.2 Reserved for Future Use. 9.23.5.1.3 Step 1: Complete product questionnaire with account team representative. 9.23.5.1.4 Step 2: Obtain Billng Account Number (BAN) through account team representative. 9.23.5.1.5 Step 3: Allow two to three (2-3) weeks from Qwests receipt of a completed questionnaire for accurate loading of UNE Combination rates to the Qwest Billng system. 9.23.5.1.6 Step 4: After account team notification, place UNE Combination orders via an LSR or ASR as appropriate. 9.23.5.1.7 Additional information regarding the ordering processes are located at: http://ww.qwest.com/wholesale/solutions/clecFacility/une_p_c. html 9.23.5.2 Prior to placing an order on behalf of each End User Customer, CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization as set forth in this Agreement. 9.23.5.3 Standard service intervals for each UNE Combination are set forth in Exhibit C. For UNE Combinations with appropriate retail analogues, CLEC and Qwest wil use the standard Provisioning interval for the equivalent retail service. CLEC and Qwest can separately agree to Due Dates other than the standard intervaL. 9.23.5.4 Due date intervals are established when Qwest receives a complete and accurate Local Service Request (LSR) or ASR made through the IMA, EDI or Exact interfaces or through facsimile. For UNE-P-POTS, UNE-P-Centrex, and UNE-P-ISDN- BRI, the date the LSR or ASR is received is considered the start of the service interval if the order is received on a business day prior to 7:00 p.m. For UNE-P-POTS, UNE-P- Centrex, and UNE-P-ISDN-BRI, the service interval wil begin on the next business day for service requests received on a non-business day or after 7:00 p.m. on a business day. For UNE-P-DSS, UNE-P-ISDN-PRI, UNE-P-PBX, EEL, and all other UNE Combinations, the date the LSR or ASR is received is considered the start of the servce interval if the order is received on a business day prior to 3:00 p.m. For UNE-P-DSS, UNE-P-ISDN-PRI, UNE-P-PBX, EEL, and all other UNE Combinations, the service interval wil begin on the next business day for service requests received on a non- business day or after 3:00 p.m. on a business day. Business days exclude Saturdays, Sundays, New Year's Day, Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day. 9.23.5.5 The Parties' obligations and responsibilities for providing and maintaining End User Customer listings information are contained in the Listings and E911/911 Emergency Services sections of this Agreement. Nevertheless, to the extent that the option is available to CLEC to specify that the End User Customer's existing listing(s) be retained upon conversion to Unbundled Local Switching elements or UNE-P Combinations, Qwest shall be responsible for ensuring that the End User Customer's listing(s) is retained "as is" in Qwests listings data bases. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IHAH for LHIXO Idaho/CDS-020124-0083 -224- Section 9 Unbundled Network Elements 9.23.5.6 When Qwests End User Customer or the End User Customer's New Service Provider orders the discontinuance of the End User Customer's existing service in anticipation of moving to another service provider, Qwest wil render its closing bil to the End User Customer effective with the disconnection. If Qwest is not the local service provider, Qwest will issue a bil to CLEC for that portion of the service provided to CLEC should CLEC's End User Customer, a New Service Provider, or CLEC request service be discontinued to the End User Customer. Qwest wil notify CLEC by FAX, OSS interface, or other agreed upon processes when an End User Customer moves to another service provider. Qwest shall not provide CLEC or Qwest retail personnel with the name of the other service provider selected by the End User Customer. 9.23.5.7 For UNE Combinations, CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact for order entry, problem resolution, repair, and in the event special attention is required on servce request. 9.23.6 Billng 9.23.6.1 Qwest shall provide CLEC, on a monthly basis, within seven to ten (7-10) calendar days of the last day of the most recent Biling period, in an agreed upon standard electronic Billng format, Billng information including (1) a summary bil, and (2) individual End User Customers sub-account information consistent with the samples available for CLEC review. 9.23.7 Maintenance and Repair 9.23.7.1 Qwest wil maintain facilties and equipment that comprise the service provided to CLEC as a UNE Combination. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to repair Qwest facilities or equipment, other than by connection or disconnection to any interface between Qwest and the End User Customer, without the written consent of Qwest. 9.24 Loop Splitting 9.24.1 Description Loop Spliting provides CLEC/OLEC with the opportunity to offer advanced data service simultaneously with voice over an existing Unbundled Loop by using the frequency range above the voice band on the copper Loop. The advanced data service may be provided by the Customer of record or another data service provider chosen by the Customer of record. The POTS Splitter separates the voice and data traffic and allows the copper Loop to be used for simultaneous OLEC data transmission and CLEC provided voice service to the end user. "CLEC" wil herein be referred to as the voice servce provider while "OLEC" wil be referred to as the advanced data service provider. CLEC and OLEC may be the same entity. Only one (1) Customer of record determined by the CLEC/OLEC partnership wil be identified to Qwest. 9.24.1.1 With regard to Qwest current requirement that Loop Splitting be offered over an existing Unbundled Loop, Qwest acknowledges that there are ongoing industry discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop. If as a result of those discussions, a process is developed for Loop Spliting over a new Loop, Qwest wil amend its SGAT to eliminate the limitation of Loop Spliting to existing Unbundled Loops. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -225- Section 9 Unbundled Network Elements 9.24.2 Terms and Conditions 9.24.2.1 General 9.24.2.1.1 Qwest is not responsible for providing the Spliter, filter(s) and/or other equipment necessary for the End User to receive separate voice and data service across a single copper Loop. 9.24.2.1.2 To order Loop Splitting, CLEC/DLEC must have a POTS Splitter installed in the Qwest Wire Center that serves the End User. The POTS Splitter must meet the requirements for Central Ofice equipment Collocation set by the FCC or be compliant with ANSI T1.413. 9.24.2.1.3 There may only be one DLEC at any given time that provides advanced data service on any given Unbundled Loop. 9.24.2.1.4 If Loop Splitting is requested for an analog Loop, the Loop must be converted to a 2/4 wire non-loaded Loop or ADSL compatible Loop. 9.24.2.1.4.1 The Customer of record wil be able to request conditioning of the Unbundled Loop. Qwest wil perform requested conditioning of Unbundled Loops to remove load coils and excess Bridged Taps under the terms and conditions associated with Loop conditioning contained in Section 9.2 of this Agreement. 9.24.2.1.4.2. If requested conditioning significantly degrades the existing service over the Unbundled Loop to the point that it is unacceptable to CLEC, Customer of record shall pay to convert back to an analog Loop. 9.24.2.1.5 POTS Spliters may be installed in Qwest Wire Centers in either of the following ways at the discretion of CLEC/DLEC: (a) via the standard Collocation arrangements set forth in the Collocation Section; or (b) via Common Area Spliter Collocation as set forth in the Line Sharing Section of this Agreement. Under either option, POTS Splitters wil be appropriately hard-wired or pre-wired so that points of termination are kept to a minimum. For Loop Splitting, Qwest shall use the same length of tie pairs as it uses for Line Sharing, except for the additional CLEC to CLEC connection, which is not required for Line Sharing. 9.24.3 9.24.2.1.6 POTS Splitter Collocation requirements are covered in the Line Sharing Section of this Agreement. Rate Elements The following Loop Splitting rate elements are contained in Exhibit A of this Agreement. 9.24.3.1 Recurring Rates for Loop Splitting. 9.24.3.1.1 Interconnection TIE Pairs (ITP)- A monthly recurring charge to recover the costs associated with the use of ITPs. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -226- Section 9 Unbundled Network Elements 9.24.3.1.2 OSS Charge - A monthly recurring charge to recover the cost of the ass modifications necessary to provide access to the high frequency portion of the Unbundled Loop. 9.24.3.2 Nonrecurring Rates for the Loop Splitting 9.24.3.2.1 Basic Installation Charge for Loop Splitting - A nonrecurring charge for Loop Splitting installed wil apply. 9.24.3.3 Nonrecurring Rates for Maintenance and Repair 9.24.3.3.1 Trouble Isolation Charge - A nonrecurring charge for Trouble isolation wil be applied in accordance with the Support Functions - Maintenance and Repair Section. 9.24.3.3.2 Additional Testing - The Customer of record may request Qwest to perform additional testing, and Qwest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge wil apply in accordance with Exhibit A. 9.24.3.4 Rates for POTS Spliter Collocation are included in Exhibit A of this Agreement. 9.24.3.5 All of these rates are interim and wil be subject to true-up based on either mutually agreed permanent rates or permanent rates established in a cost proceeding conducted by the Commission. In the event interim rates are established by the Commission before permanent rates are set, the interim rates set forth in Exhibit A wil be changed to reflect the interim rates set by the Commission; however, no true up wil be performed until mutually agreed to permanent rates are established or permanent rates are established by the Commission. 9.24.4 Ordering Process 9.24.4.1 Loop Splitting 9.24.4.1.1 As a part of the pre-order process, CLEC/OLEC may access Loop characteristic information through the Loop Information Tool described in the Support Functions Section. The Customer of record wil determine, in its sole discretion and at its risk, whether to add data services to any specific Unbundled Loop. 9.24.4.1.2 The Customer of record wil provide on the LSR, the appropriate frame terminations that are dedicated to POTS Splitters. Qwest wil administer all cross connects/jumpers on the COSMIC/MOF and IOF. 9.24.4.1.3 Basic Installation "lift and lay" procedure wil be used for all Loop Splitting orders. Under this approach, a Qwest technician "lifs" the Loop from its current termination in a Qwest Wire Center and "lays" it on a new termination connecting to CLEC'S/OLEC's collocated equipment in the same Wire Center. 9.24.4.1.4 The Customer of record shall not place orders for Loop Spliting Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -227- Section 9 Unbundled Network Elements until all work necessary to provision loop Spliting in a given Qwest Wire Center, including, but not limited to, POTS Splitter installation and TIE Cable reclassification or augmentation has been completed. 9.24.4.1.5 The Customer of record shall submit the appropriate lSR's associated with establishing Unbundled loop and Loop Splitting. 9.24.4.1.6 If a loop Splitting lSR is placed to change from Line Sharing to loop Splitting or to change the voice provider in an existing loop Splitting arrangement and the data provider does not change or move Splitter location, the data service wil not be interrupted. 9.24.5 Billng 9.24.5.1 Qwest shall provide a bil to the Customer of record, on a monthly basis, within seven to ten (7-10) calendar days of the last day of the most recent Billng period, in an agreed upon standard electronic Biling format. 9.24.5.2 Qwest shall bil the Customer of record for all recurring and nonrecurring loop Splitting rate elements. 9.24.6 Repair and Maintenance 9.24.6.1 Qwest wil allow ClEC/OlEC to access loop Splitting at the point where the combined voice and data loop is cross connected to the POTS Splitter. 9.24.6.2 The Customer of record wil be responsible for reporting to Qwest service troubles provided over loop Splitting. Qwest wil be responsible to repair troubles on the physical line between Network Interface Oevices at the user premises and the point of demarcation in Qwest Wire Centers, Qwest, ClEC and OlEC each wil be responsible for maintaining its equipment. The entity that controls the POTS Splitters wil be responsible for their maintenance. 9.24.6.3 Qwest, ClEC and OlEC wil continue to develop repair and maintenance procedures for loop Splitting and agree to document final agreed to procedures in a methods and procedures document that wil be made available on Qwests website. 9.24.7 Customer of Record and Authorized Agents 9.24.7.1 "Customer of Record" is defined for the purposes of this section as the ClEC that is the biled Customer for loop Splitting. The Customer of record may designate an authorized agent pursuant to the terms of sections 9.24.7.2 and 9.24.7.3 to perform ordering and/or Maintenance and Repair functions. 9.24.7.2 In order for the authorized agent of the Customer of record to perform ordering and/or Maintenance and Repair functions, the Customer of record must provide its authorized agent the necessary access and security devices, including but not limited to user identifications, digital certificates and SecurlO cards, that wil allow the authorized agent to access the records of the Customer of record. Such access wil be managed by the Customer of record. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -228- Section 9 Unbundled Network Elements 9.24.7.3 The Customer of record shall hold Qwest harmless with regard to any harm Customer of record receives as a direct and proximate result of the acts or omissions of the authorized agent of the Customer of record or any other person who has obtained from the Customer of record the necessary access and security devices, including but not limited to user identifications, digital certificates and SecurlD cards, that allow such person to access the records of the Customer of record unless such access and security devices were wrongfully obtained by such person through the wilful or negligent behavior of Qwest. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIO Idaho/CDS-020124-0083 -229- Section 10 Ancilary Services Section 10.0 . Ancilary Services 10.1 Interim Number Portbilty 10.1.1 Description 10.1.1.1 Interim Number Portability (INP) service is an arrangement that allows an End User Customer to retain its dialed telephone number when switching to another service provider. INP service can be provided by Owest to CLEC or by CLEC to Owest. For the purposes of this section, the Part porting traffic to the other Part shall be referred to as the "INP Provider" and the Part receiving INP traffic for termination shall be referred to as the "INP Requestor." 10.1.1.2 INP applies to those situations where an end user elects to transfer to a new service provider and such end user also wishes to retain its existing telephone number. INP consists of INP Provider's provision to the INP Requestor the capabilty to route calls placed to telephone numbers assigned to the INP Provider's switches to the INP Requestor's switches. INP is available only for working telephone numbers assigned to the INP Provider's end users who request to transfer to the INP Requestor's service. Local Interconnect Service (LIS) is required for INP. 10.1.1.3 INP is available as INP-Remote Call Forwarding (INP-RCF), Direct Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration. DNRI is available as either direct to an end office or through a tandem, also referred to as DNRI Tandem (RIPH) or portabilty hub. NXX Migration, or Local Exchange Routing Guide Reassignment, reassigns the entire Central Ofice Code (NXX) to the CLEC Switch if the code is used solely for one End User. 10.1.1.4 Remote Call Forwarding (RCF) 10.1.1.4.1 RCF permits a call to an INP Provider's assigned telephone number to be translated to the INP Requestor's dialable local number. With the RCF solution, a permanent RCF is established in Qwests Switch forwarding any incoming call to the number assigned and maintained in the CLEC Switch. 10.1.1.4.2 INP via RCF also requires Ofice Equipment (OE), on a per telephone number basis. The INP Requestor wil need to provide a forecast of deployment sites and estimated quantities of ported numbers to assist in an assessment of available porting methods. Each request for INP via RCF wil be analyzed by the Infrastructure Availability Center, lAC, to determine ifOE is available. 10.1.1.5 Direct Inward Dialing (DID) DID permits incoming calls to be ported to the INP Requestor's Switch via a DID trunk configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffic between Owests End Ofice and CLEC's Switch. The traffic on these trunks cannot overflow to other trunks. In addition, inter-Switch signaling for DID is limited to multi- frequency (MF). This precludes passing the Callng Line 10 to the CLEC Switch. With DID, because there is no SS7 capabilit, there are CLASS feature limitations. For DID, the INP Provider wil deliver the dialed telephone number to the INP requestor's central Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -230- Section 10 Ancilary Services office. 10.1.1.6 Directory Number Route Indexing (DNRI) DNRI permits incoming calls to be ported to the INP Requestor's Switch via a route index. A permanent route index is assigned to the end user's ported number in the INP Provider's Switch. The INP Provider wil deliver the dialed seven digit telephone number to the INP requestor's central office. INP Requestor may terminate the call as desired. Additional capacit for simultaneous call forwarding is available where technically feasible. The INP Requestor wil need to specify the number of simultaneous calls to be forwarded for each number ported. DNRI tandem routing requires an additional thirt (30) day lead time to establish technical requirements for routing the ported calls. . 10.1.2 Terms and Conditions 10.1.2.1 Owest and CLEC wil provide INP service in a non-discriminatory manner and with as little impairment of functioning, quality, reliability and convenience as possible. 10.1.2.2 Owest wil coordinate INP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption. 10.1.2.3 The Parties shall provide INP on a reciprocal basis to each other to the extent technically feasible, and in accordance with rules and regulations as, from time to time, prescribed by the FCC and/or the Commission. 10.1.2.4 Until the long term number portabilit solution, referred to as Local Number Portability (LNP), is implemented by the industry pursuant to regulations issued by the FCC or the Commission, the Parties agree to provide INP to each other through RCF, DID, DNRI and NXX migration. Local Interconnect Service (US) is required for INP. 10.1.2.5 Once Local Number Portabilty has been implemented within a Wire Center, INP wil no longer be available for ordering within that Wire Center. 10.1.2.6 Upon LNP implementation, the INP offerings wil be withdrawn subject to advance notice to the other Part. Both Parties wil conform to the Western Region LNP Technical and Operations team guidelines and agreements for completion of INP to LNP conversion activity. 10.1.2.7 The INP Requestor's designated INP Switch must return answer and disconnect supervision to the INP Provider's Switch. 10.1.2.8 The i NP Requestor wil provide to the E911 database provider the network telephone number that the INP Requestor assigned to the INP Provider- assigned, ported telephone number. Updates to and maintenance of the INP information to the E911 database are the responsibilty of the INP Requestor. For consistency in administration, the INP Requestor shall enter into a separate agreement with the E911 database provider. 10.1.2.9 Owest wil update its Line Information Database (UDB) listings for ported Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 - 231- Section 10 Ancilary Services numbers as directed by CLEC. Qwest wil restrict or cancel callng cards associated with these ported numbers. LIDS updates shall be completed by the Parties on the same business day each INP arr-angement is activated. 10.1.2.10 An INP telephone number may be assigned by INP Requestor only to the INP Requestor's end users located within the INP Provider's local calling area and toll rating area that is associated with the NXX of the ported number. 10.1.2.11 INP is applicable only if the INP Requestor is engaged in a reciprocal traffic exchange arrangement with the INP Provider. 10.1.2.12 Only the existing INP Provider assigned end user telephone number may be used as a ported number for INP. 10.1.2.13 An INP telephone number must be active and assigned to an end user to accommodate INP. 10.1.2.14 INP services shall not be re-sold, shared or assigned by either Part to another LEC or CLEC. 10.1.2.15 INP is not offered for NXX Codes 555, 976, 960, and coin telephones, and Service Access Codes (i.e., 500, 700, 8XX, 900). INP is not available for Feature Group A seven-digit numbers, including Foreign Exchange. Furthermore, INP numbers may not be used for mass callng events. 10.1.2.16 The ported telephone number wil be returned to the Switch which originally had the ported number when the end user disconnects service from the INP Requestor. The INP Requestor shall not retain it and reassign it to another end user. The normal intercept announcement wil be provided by the INP Provider for the period of time until the telephone number is reassigned by the INP Provider. 10.1.2.17 Forecasts for INP must be included in the forecasting process detailed in Section 7 of this Agreement. 10.1.2.18 NXX Migration, or Local Exchange Routing Guide Reassignment, reassigns the entire Central Ofice Code (NXX) to the CLEC Switch if the code is used solely for one End User. Where one Party has activated an entire NXX for a single end user, or activated a substantial portion of an NXX for a single end user with the remaining numbers in that NXX either reserved for future use or otherwise unused, if such end user chooses to receive service from the other Part, the first Part shall cooperate with the second Part to have the entire NXX reassigned to an End Ofice operated by the second Part through the NANP administrator. In addition, both Parties agree to cooperate in arranging necessary updates and industry notification in the LERG (and associated industry databases, routing tables, etc.). Such transfer wil be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead-times (as identified in the LERG guidelines and the Central Ofice Code Administration guidelines) for movement of NXXs from one Switch to another. Other applications of NXX migration wil be discussed by the Parties as circumstances arise. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -232- Section 10 Ancilary Services 10.1.3 Ordering 10.1.3.1 Both parties shall comply with ordering standards as developed by the industry. INP service is ordered via a Local Service Request and associated Number Portability forms. Specific details regarding the ordering of INP service is contained in the PCAT. 10.1.3.2 CLEC may order INP service either manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. 10.1.3.3 Service intervals for INP are described below. These intervals apply when facilties and network capacit is available. Where facilties or network capacit is not available, intervals are on an Individual Case Basis (ICB). Orders received after 3:00 P.M. are considered the next business day. The following service intervals have been established for interim number portabilty: Number of Lines Interval Simple (1 FR/1 FB) 1-49 lines 50 or more lines 3 business days ICB Complex (PBX Trunks/ISDN) 1-8 lines or trunks 9-16 lines or trunks 17-24 lines or trunks 25 or more lines or trunks 5 business days 6 business days 7 business days ICB Centrex 1-10 lines 11-20 lines 21 or more lines 5 business days 10 business days ICB Out of Hours Conversions Any quantity ICB 10.1.3.4 Qwest wil provide FOCs to CLECs within a reasonable time, no later than 48 hours after receipt of complete and accurate orders for Regular POTS or Simple Business End Users. The FOC interval for all other complex orders wil be within a reasonable time, no later than 8 business days from receipt of complete and accurate orders. The FOC for ICB orders wil reflect an ICB FOC date. 10.1.3.5 For purposes of this Section, Qwests normal business hours are 7:00 a.m. to 7:00 p.m., local time, Monday through Friday. CLEC may also request a Frame Due Time (FDT) of 5:00 a.m. as a normal business hour, Monday through Friday. Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.m. normal business hours shall be considered an out of hours cut. 10.1.3.6 CLEC shall request servce within the normal business hours by submitting a Local Service Request (LSR) and designating the requested Frame Due Time. Requests for Frame Due Times within normal business hours wil be proactively Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 233- Section 10 Ancilary Services managed by Qwest to ensure that the Frame Due Time is met. 10.1.3.7 Out of Hours Cut 10.1.3.7.1 Out of hours cuts permit a CLEC to select either a coordinated or non-coordinated cut for INP service outside of Qwests normal business hours. For planning purposes, CLEC shall provide Qwest with a forecast of out of hours coordinated cuts at least two weeks prior to a CLEC placing an order in a particular state. Forecasts should include the anticipated Frame Due Times and volumes to be ported out of hours. 10.1.3.7.2 CLEC shall request out of hours cuts by submitting a Local Service Request (LSR) and designating the desired FDT outside of the normal business hours. In the Remarks section of the LSR, CLEC must specify an Out of Hours cut and the type of cut (coordinated or non-coordinated). 10.1.3.7.3 The date and time for the coordinated cut may need to be negotiated between Qwest and CLEC because of system downtime, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same FDT in the same Switch (Switch contention). Because of this up-front coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the FDT wil require additional time. In the event that this situation would occur, Qwest wil negotiate with CLEC to provide the FOC within a reasonable time frame. 10.1.3.7.4 Non-Coordinated Out of Hours Cut 10.1.3.7.4.1 CLEC shall request out of hours non-coordinated cuts by submitting a LSR and designating a 1 :00 a.m. FDT (due date) which is outside of the normal business hours. Non-coordinated cuts allow CLEC to request a Qwest FDT of 1 :00 a.m. where the actual cut occurs between the hours of 1 :00 a.m. and 7:00 a.m., with the cut completed by 7:30 a.m. of that day (if the requested date is a business day, or by 7:30 a.m. of the next business day). 10.1.3.7.4.2 Conversion desk activities and escalation processes for non-coordinated out of hour cuts are accomplished during the business day prior to the cut. 10.1.3.7.4.3 CLEC wil not incur additional charges for non-coordinated out of hours cuts. 10.1.3.7.5 Coordinated Out of Hours Cut 10.1.3.7.5.1 CLECs shall request a coordinated out of hours cut by submitting a LSR and designating the requested FDT. 10.1.3.7.5.2 Out of hours coordinated cuts wil be managed by a Qwest project manager. Coordination of this effort requires an up-front internal planning session. Any changes to the original FDT wil be negotiated with CLEC and wil occur prior to issuing an FOC. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IHAH for LHIXO Idaho/CDS-020124-0083 -234- Section 10 Ancilary Services 10.1.3.7.5.3 CLEC wil incur additional charges for coordinated out of hours cuts. 10.1.3.8 End User Impacts 10.1.3.8.1 The INP Requestor is responsible for all dealings with and on behalf of its end users, including all end user account activity (e.g., end user inquiries and complaints). 10.1.3.8.2 Each Party is responsible for obtaining a Proof of Authorization from its end users who request a transfer of the end user's telephone number from the other Part. 10.1.3.8.3 The INP Provider wil work cooperatively with the INP Requestor to ensure a smooth end user transition and to provide for coordination with other facilities (e.g., Loops). 10.1.3.8.4 If an end user requests transfer of service from the INP Requestor back to the INP Provider, the INP Provider may rely on that end user request to institute cancellation of the INP service. The INP Provider wil provide at least 48 hours notice to the INP Requestor of the cancellation of INP service, and wil work cooperatively with the INP Requestor to ensure a smooth end user transition and to provide for coordination with other facilities (e.g., Loops). 10.1.3.8.5 The INP Requestor wil submit to the INP Provider a disconnect order for each ported number that is relinquished by the INP Requestor's end users. Qwest wil provide an electronic interface for the purpose of ordering INP service. This interface may be accomplished by either a GUI (Graphical User Interface) or EDI (Electronic Data Interchange). 10.1.4 Maintenance and Repair 10.1.4.1 CLEC is responsible for its own end users and wil have the responsibilty for resolution of any service trouble report(s) from its end users. End user customers of CLEC wil be instructed to report all cases of trouble to their Service Provider. 10.1.4.2 CLEC and Qwest wil provide to their respective end user customers the correct telephone numbers to call for access to their respective repair bureaus. CLEC and Qwest wil provide their repair contact numbers to one another on a reciprocal basis. 10.1.4.3 Qwest wil work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of the Qwest network. Qwest wil perform standard tests to isolate and repair the trouble. For INP trouble reports, Qwest wil not be responsible for testing the Unbundled Loop leased by CLEC. 10.1.4.4 The trouble ticket wil be closed by the functional group that correced the trouble. This group wil also contact CLEC to inform them that the ticket has been closed. Current trouble codes and analysis codes wil be entered to the trouble ticket. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -235- Section 10 Ancilary Services 10.1.5 Rate Elements 10.1.5.1 INP Rate Elements In accordance with Commission requirements, Qwest recovers an appropriate allocation of its INP costs through charges to CLEC for each NXX code assigned to a CLEC. Per Commission Orders, a true-up wil be completed semi-annually. The true-up is a mechanism for readjusting the monthly charge based on forecasted quantities, to account for actual quantities during the year. The Parties wil comply with the FCC rules and Commission decisions on cost recovery for interim number portability. Exhibit A of this Agreement contains Interim Number Portabilty rates. 10.1.5.1.1 In accordance with Commission requirements, Qwest recovers an appropriate allocation of its INP costs through charges to CLEC for each NXX code assigned toa CLEC. Per Commission Orders, a true-up wil be completed semi-annually. The true-up is a mechanism for readjusting the monthly charge based on forecasted quantities, to account for actual quantities during the year. 10.1.5.1.2 Charges for Coordinated Out of Hours Cuts. Charges for coordinated out of hours cuts shall be based upon actual hours worked at Qwests overtime rate, time and one-half rates for timeframes outside of Qwests normal hours except for Sundays and Holidays. Charges for coordinated out of hours cuts on Sundays and Holidays shall be based upon Qwests overtime premium rate, which is double time. Overtime rates wil be multiplied by the number of Qwest personnel actively participating in the cut, multiplied by the number of hours required for the cut. Exhibit A of this Agreement contains overtime rates for coordinated out of hours cuts. 10.1 .5.1 .2.1 Qwest wil schedule the appropriate number of employees prior to the cut, based upon information provided by CLEC. If such information requires modification during the cut and, as a result, non- scheduled employees are required, CLEC shall be charged a four hour minimum callout. 10.1.5.2 Switched Access Revenues. Qwest wil comply with the FCC and Commission rules regarding the sharing of terminating access revenues. Once the End Ofice Switch is converted to long term number portability (LNP), CLEC has the ability to directly bil the Interexchange Carrier, and no sharing of terminating access revenues is required. 10.1.5.2.1 The Switched Access rate elements are identified in Qwests Switched Access Tarif. 10.1.5.2.2 Qwest wil use ARMIS data to determine the average Minutes of Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis. 10.1.5.2.3 The number of lines to be used in determining the amount of terminating switched access wil be extracted from the Qwest corporate data warehouse once each month. This database contains biled information for posted orders. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -236- Section 10 Ancilary Services 10.1.5.2.4 The calculation of the terminating Switch access charges, along with the appropriate data for the preceding month wil be provided to CLEC to support the payment. Qwest wil pay the pass through amounts to CLEC within one month. Disputes wil be processed as though this credited amount were a biled amount under this Agreement. 10.2 Local Number Portbilty 10.2.1 Description 10.2.1.1 Local Number Portabilit (LNP) is defined by the FCC as the abilty of users of Telecommunications Services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliabilit, or convenience when switching from one Telecommunications Carrier to another. 10.2.1.2 Qwest uses the Location Routing Number (LRN) architecture. Under the LRN architecture, each Switch is assigned a unique ten-digit LRN, the first six digits of which identify the location of that Switch. The LRN technology is a triggering and addressing method which allows the re-homing of individual telephone numbers to other Switches and ensures the proper routing of calls to ported telephone numbers through the use of a database and the signaling network. The LRN solution interrupts call processing through the use of an Advanced Intellgent Network (AIN) trigger, commonly referred to asthe LRN trigger. During this interruption, a query is launched to the LNP database in the signaling network and the call is re-addressed using the LRN information for the ported telephone number. The LRN wil route the call to the proper Switch destination. The actual routing of the call with either the dialed number, for calls to non- ported numbers, or the LRN, for calls to ported numbers, observes the rules, protocols and requirements of the existing Public Office Dialing Plan (PODP). 10.2.2 Terms and Conditions 10.2.2.1 Qwest wil provide Local Number Portabilit (LNP), also known as long- term number portabilit, in a non-discriminatory manner in compliance with the FCC's rules and regulations and the guidelines of the FCC's North American Numbering Council's (NANC) Local Number Portability Administration (LNPA) Working Group and the Industry Numbering Commitee (INC) of the Allance for Telecommunications Industry Solutions (ATIS). Unless specifically excluded in Section 10.2.2.6, all telephone numbers assigned to an End User Customer are available to be ported through LNP. Mass callng events shall be handled in accordance with the industry's non-LRN recommendation (NANC's High Volume Call-In Networks dated February 18, 1998.) 10.2.2.2 Each Part shall use reasonable efforts to facilitate the expeditious deployment of LNP. The Parties shall comply with the processes and implementation schedules for LNP deployment prescribed by the FCC. In accordance with industry guidelines, the publications of LNP capable Switches and the schedule and status for future deployment wil be identified in the Local Exchange Routing Guide (LERG). 10.2.2.3 In connection with the provision of LNP, the Parties agree to support and comply with all relevant requirements or guidelines that are adopted by the FCC, or that are agreed to by the telecommunications industry as a national industry standard. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 237- Section 10 Ancilary Services 10.2.2.4 Qwest will coordinate LNP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption, pursuant to Unbundled Loop provisions identified in Section 9 of this Agreement. CLEC wil coordinate with Qwest for the return of the Qwest Unbundled Loop coincident with the transfer of the Customer's service to Qwest in a reasonable amount of time and with minimum service disruption. For coordination with Loops not associated with Qwests Unbundled Loop offering, CLEC may order the LNP Managed Cut, as described in Section 10.2.5.4. If CLEC requests Qwest to do so by 8:00 p.m. mountain time, Qwest wil assure that the Qwest Loop is not disconnected that day. 10.2.2.4.1 Parties understand that LNP order activity must be coordinated with facilities cutovers in order to ensure that the End User is provided with uninterrupted service. If the Part porting the telephone number experiences problems with its port or provision of its Loop, and needs to delay or cancel the port and any Loop disconnection, that Part shall notif the other Part immediately. Parties wil work cooperatively and take prompt action to delay or cancel the port and any Loop disconnection in accordance with industry (LNPA's National Number Porting Operations Team), accepted procedures to minimize End User Customer service disruptions. 10.2.2.4.2 Parties shall transmit a port create subscription or port concurrence message to the NPAC, in accordance with the FCC's LNPA Working Group's guidelines. Qwest wil routinely send a concurrence message within the time frames established by the industry. 10.2.2.5 The Parties agree to implement LNP within the guidelines set forth by the generic technical requirements for LNP as specified in Section 21 of this Agreement. 10.2.2.6 Neither Part shall be required to provide number portability for numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976 NXX number services). 10.2.2.7 After an end-office becomes equipped with LNP, all NXXs assigned to that end office wil be defined as portable, to the extent Technically Feasible, and translations wil be changed in each Part's Switches so that the portable NXXs are available for LNP database queries. When an NXX is defined as portable, it wil also be defined as portable in all LNP-capable Switches that have direct trunks to the end office associated with the portable NXX. 10.2.2.8 Each Part shall offer number portabilit to customers for any portion of an existing DID block without being required to port the entire block of DID numbers. Each Part shall permit customers who port a portion of DID numbers to retain DID service on the remaining portion of the DID numbers. 10.2.2.9 At the time of porting a number via LNP from Qwest, Qwest shall ensure that the L1DB entry for that number is de-provisioned if the Qwest L1DB is not being used byCLEC. 10.2.2.10 Both Parties agree to follow the LNP Switch request process established by the Parties and in compliance with industry guidelines. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25102lHAH for LHIXO Idaho/CDS-020124-0083 -238- Section 10 Ancilary Services 10.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment, reassigns the entire Central Ofice Code (NXX) to the CLEC Switch if the code is used solely for one End User. Where one Part has activated an entire NXX for a single End User, or activated a substantial portion of an NXX for a single End User with the remaining numbers in the NXX either reserved for future use or otherwise unused, if such End User chooses to receive service from the other Part, the first Part shall cooperate with the second Part to have the entire NXX reassigned to an End Ofice operated by the second Party through the NANP administrator. In addition, both Parties agree to cooperate in arranging necessary updates and industry notification in the LERG (and associated industry databases, routing tables, etc.). Such transfer wil be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead-times (as identified in the LERG and the Central Ofice Code Administration guidelines) for movement of NXXs from one Switch to another. Other applications of NXX migration wil be discussed by the Parties as circumstances arise. 10.2.2.12 In connection with all LNP requests, the Parties agree to comply with the National Emergency Number Association (NENA) recommended standards for service provider Local Number Portabilty (NENA-02-011), as may be updated from time to time, regarding unlocking and updating End Users' telephone number records in the 911/Automatic Location Information (AU) database. The current provider shall send the 911 unlock record on the completion date of the order to the 911 database administrator. 10.2.2.13 Porting of Reserved Numbers. The customers of each Party may port reserved numbers from one Part to the other Part via LNP. Qwest wil port numbers previously reserved by the Customer via the appropriate retail tarifs until these reservations expire. Qwest wil no longer reserve numbers for End User customers. 10.2.2.14 Limits on Subscriber Relocation. Qwest and CLEC agree that a Customer may geographically relocate at the same time as it ports its telephone number, using LNP, to the new service provider; provided, however, that the current service provider may require that the Customer's relocation at the time of the port to the new service provider be limited to the geographic area represented by the NXX of the ported telephone number. The current service provider may not impose a relocation limitation on the new service provider or the new service provider's subscribers that is more restrictive than that which the current service provider would impose upon its own subscribers with telephone numbers having the same NXX as the telephone number(s) being ported. In addition, the current service provider may not impose any restrictions on relocation within the same Rate Center by a ported End User while that End User is served by the new service provider. 10.2.3 Service Management System 10.2.3.1 Each Part shall sign the appropriate NPAC user agreement(s) and obtain certification from the appropriate NPAC administrator(s) that the Part or the Part's Service Order Administration (SOA) and Local Service Management System (LSMS) vendor(s) has systems and equipment that are compatible with the NPAC'sestablished protocols and that the application of such systems and equipment is compatible with the NPAC. 10.2.3.2 Each Party shall cooperate to facilitate the administration of the SMS through the process prescribed in the documents referenced in Section 21. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 -239- Section 10 Ancillary Services 10.2.4 Database and Query Services 10.2.4.1 Qwest shaU perform default LNP queries where CLEC is unable to perform its own query. CLEC shall perform default LNP queries where Qwest is unable to perform its own query. Qwest query services and charges are defined in FCC Tarif #1, including End Ofice and Tandem Default Query Charges which are contained in Tarif Section 13 (Miscellaneous Service) and Database Query Charges which are contained in Tarif Section 20 (CCSAC Service Applications). 10.2,4.2 For local calls to a NXX in which at least one number has been ported via LNP at the request of CLEC, the Part that owns the originating Switch shall query an LNP database as soon as the call reaches the first LNP capable Switch in the call path. The Party that owns the originating Switch shall query on a local call to a NXX in which at least one number has been ported via LNP prior to any attempts to route the call to any other Switch. Prior to the first number in a NXX being ported via LNP at the request of CLEC, Qwest may query all calls directed to the NXX, subject to the billng provisions as discussed in Section 10.2.4.1 and provided that Qwest queries shall not adversely affect the quality of service to CLEC's customers or End Users as compared to the service Qwest provides its own customers and End Users. 10.2.4.3 A Part shall be charged for a LNP query by the other Party only if the Part to be charged is the N-1 carrier and it was obligated to perform the LNP query but failed to do so. Parties are not obligated to perform the LNP query prior to the first port requested in a NXX. 10.2.4.4 On calls originating from a Part's network, the Part wil populate, if Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first six digits of the originating LRN in the SS71nitiai Address Message. 10.2.4.5 Each Part shall cooperate in the process of porting numbers from one carrier to another so as to limit service outage for the ported subscriber. Qwest shall update its LNP database from the NPAC SMS data within fifeen (15) minutes of receipt of a download from the NPAC SMS. 10.2.5 Ordering 10.2.5.1 Both Parties shall comply with ordering standards as developed by the industry and as described in Section 12 of this Agreement. LNP service is ordered via a Local Service Request and associated Number Portabilit forms. CLEC may order long term number portabilit either manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 240- Section 10 Ancillary Services 10.2.5.2 Standard Due Date Intervals. Service intervals for LNP are described below. These intervals include the time for Firm Order Confirmation (FOC). Orders received after 7:00 p.m. (mountain time) are considered the next business day. The following service intervals have been established for local number portability: Telephone Numbers To Port Interval* Simple (1 FR/1 FB)1-5 3 business days (includes FOC 24 hr interval) 6-50 4 business days (includes FOC 24 hr interval) 51 or more Project Basis Complex (PBX Trunks, ISDN, Centrex) 1-25 5 business days (includes FOC 24 hr interval) 26 or more Project Basis *Intervals for LNP with Unbundled Loops shall be governed by Section 9.2.4.6 of the SGAT. 10.2.5.3 Most LNP order activity is flow-through, meaning that the ten (10) digit unconditional trigger, or line side attribute (LSA) trigger, can be set automatically. CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be set automatically, although there may be some instances when Owest or the Number Portability Administration Center/Service Management System (NPAC/SMS) wil provide prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut is outside Owests normal business hours for LNP, Owest wil have personnel available in the Repair Center to assist in the event that CLEC experiences problems during the cut. In addition, Owest allows CLEC to request a Managed Cut on a 24 X 7 basis in those situations where a cut would otherwise have been flow-through, but where CLEC has a business need to have Owest personnel dedicated to the cut. The terms and conditions for Managed Cuts are described in 10.2.5.4. 10.2.5.3.1 Owest wil set the ten (10) digit unconditional trigger for numbers to be ported, unless technically infeasible, by 11 :59 p.m. (local time) on the business day preceding the scheduled port date. (A 10-digit unconditional trigger cannot be set for DID services in 1 AESS, AXE10, and DMS10 Switches thus managed cuts are required, at no charge.) The ten (10) digit unconditional trigger and Switch translations associated with the End User Customer's telephone number wil not be removed, nor wil Owest disconnect the Customer's billng and account information, until 11 :59 p.m. (local time) of the next business day after the due date. 10.2.5.4 LNP Managed Cut with CLEC-provided Loop: A Managed Cut permits Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 241- Section 10 Ancilary Services CLEC to select a project managed cut for LNP. Managed Cuts are offered on a 24 X 7 basis. 10.2.5.4.1 The date and time for the managed cut requires up-front planning and may need to be coordinated between Owest and CLEC. All requests wil be processed on a first come, first served basis and are subject to Owests ability to meet a reasonable demand. Considerations such as system downtime, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same FDT in the same Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Owest wil coordinate with CLEC for an agreed upon FDT, prior to issuing the Firm Order Confirmation (FOC). In special cases where a FDT must be agreed upon, the interval to reach agreement wil not exceed two (2) days. In addition, standard intervals wil apply. 10.2.5.4.2 CLEC shall request a Managed Cut by submiting a Local Service Request (LSR) and designating this order as a Managed Cut in the remarks section of the LSR form. 10.2.5.4.3 CLEC wil incur additional charges for the Managed Cut dependent upon the FDT. The rates are based upon whether the request is within Owests normal business hours or out of hours. Owests normal business hours are 7:00 a.m. to 7:00 p.m., End User local time, Monday through Friday. The rate for Managed Cuts during normal business hours is the standard rate. The rate for Managed Cuts out of hours, except for Sundays and Holidays,. is the overtime rate. Sundays and Holidays are at premium rate. 10.2.5.4.4 Charges for Managed Cuts shall be based upon actual hours worked in one half (Y2) hour increments. Exhibit A of this Agreement contains the rates for Managed Cuts. CLEC understands and agrees that in the event CLEC does not make payment for Managed Cuts, unless disputed as permited under Section 5.4 of the Agreement, Owest shall not accept any new LSR requests for Managed Cuts. 10.2.5.4.5 Owest wil schedule the appropriate number of employees prior to the cut, normally not to exceed three (3) employees, based upon information provided by CLEC. CLEC wil also have appropriate personnel scheduled for the negotiated FDT. If CLEC's information is modified during the cut, and, as a result, non-scheduled employees are required, CLEC shall be charged a three (3) hour minimum callout charge per each additional non-scheduled employee. If the cut is either cancelled, or supplemented (supp) to change the due date, within twenty four (24) hours of the negotiated FDT, CLEC wil be charged a one person three (3) hour minimum charge. If the cut is cancelled due to a Owest error or a new due date is requested by Owest , within twenty-four (24) hours of the negotiated FDT, Owest may be charged by CLEC one person three (3) hour minimum charge as set forth in Appendix A. 10.2.5.4.6 In the event that the LNP Managed Cut LNP conversion is not successful, CLEC and Owest agree to isolate and fix the problem in a timeframe acceptable to CLEC or the Customer. If the problem cannot be corrected within an acceptable timeframe to CLEC or the Customer, CLEC may request the restoral of Owest service for the ported Customer. Such restoration shall begin Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 -242- Section 10 Ancilary Services immediately upon request. If CLEC is in error then a supplemental order shall be provided to Qwest. If Qwest is in error, no supplemental order or additional order wil be required of CLEC. 10.2.5.4.7 Qwest shall ensure that any LNP order activity requested in conjunction with a Managed Cut shall be implemented in a manner that avoids interrupting service to the End User, including, without limitation, ensuring that the End User's Qwest Loop will not be disconnected prior to confirmation that CLEC Loop has been successfully installed. 10.2.6 Maintenance and Repair 10.2.6.1 Each Party is responsible for its own End Users and wil have the responsibility for resolution of any service trouble report(s) from its End Users. End user customers wil be instructed to report all cases of trouble to their Service Provider. 10.2.6.2 Each Party wil provide their respective End User customers the correct telephone numbers to call for access to their respective repair bureaus. Each Part wil provide their repair contact numbers to one another on a reciprocal basis. 10.2.6.3 Qwest wil work cooperatively with CLEC to isolate and resolve trouble reports. When the trouble condition has been isolated and found to be within a portion of the Qwest network, Qwest wil perform standard tests and isolate and repair the trouble within twenty-four (24) hours of receipt of the report. 10.2.6.4 Qwest wil proactively test new Switch features and service offerings to ensure there are no problems with either the porting of numbers or calls from Qwest customers to CLEC customers with ported numbers or vice versa. 10.2.7 Rate Elements 10.2.7.1 Qwest wil comply with FCC and Commission rules on cost recovery for long term number portability. 10.3 9111E911 Service 10.3.1 Description 10.3.1.1 911 and E911 provides an End User access to the applicable emergency servce bureau, where available, by dialing a 3-digit universal telephone number (911). 10.3.1.2 Automatic Location Identification/Data Management System (ALI/DMS). The ALI/DMS database contains End User information (including name, address, telephone number, and sometimes special information from the local service provider or End User) used to determine to which Public Safety Answering Point (PSAP) to route the calL. The ALI/DMS database is used to provide more routing flexibilty for E911 calls than Basic 911. 10.3.1.3 Basic 911 directly connects to the PSAP all 911 calls from one or more local exchange Switches that serve a geographic area. E911 provides additional selective routing flexibilty for 911 calls. E911 uses End User data, contained in the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -243- Section 10 Ancillary Services ALI/DMS, to determine to which Public Safety Answering Point (PSAP) to route the call. 10.3.2 Terms and Conditions 10.3.2.1 E911 functions provided to CLEC shall be at the same level of accuracy and reliability as for such support and services that Qwest provides to its End Users for such similar functionality. 10.3.2.2 In counties where Qwest has obligations under existing agreements as the primary provider of the 911 system to the county, CLEC wil participate in the provision of the 911 System as described in Section 10.3. 10.3.2.3 services. Qwest shall conform to all state regulations concerning emergency 10.3.2.4 Qwest shall route E911 calls to the appropriate PSAP. 10.3.2.5 Each Part wil be responsible for those portions of the 911 system for which it has total control, including any necessary maintenance to each Part's portion of the 911 system. 10.3.2.6 Qwest will provide CLEC with the identification of the Qwest911 controllng office that serves each geographic area served by CLEC. 10.3.2.7 Qwest wil provide CLEC with the ten-digit telephone numbers of each PSAP agency, for which Qwest provides the 911 function, to be used by CLEC to acquire emergency telephone numbers for operators to handle emergency calls in those instances where CLEC's End User dials "0" instead of "911". It shall be the responsibility of CLEC to verify or confirm the appropriate use of the contact information provided by Qwest with each PSAP prior to offering 911 calls or publication of such data. 10.3.2.8 If a third party is the primary service provider to a county, CLEC wil negotiate separately with such third part with regard to the provision of 911 service to the county. All relations between such third party and CLEC are separate from this Agreement and Qwest makes no representations on behalf of the third part. 10.3.2.9 If CLEC is the primary service provider to the county, CLEC and Qwest wil negotiate the specific provisions necessary for providing 911 service to the county and wil include such provisions in an amendment to this Agreement. 10.3.2.10 CLEC wil separately negotiate with each county regarding the collection and reimbursement to the county of applicable End User taxes for 911 service. 10.3.2.11 CLEC is responsible for network management of its network components in compliance with the Network Reliabilit Council Recommendations and meeting the network standard of Qwest for the 911 call delivery. 10.3.2.12 The Parties shall provide a single point of contact to coordinate all activities under this Agreement. 10.3.2.13 Neither Party wil reimburse the other for any expenses incurred in the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -244- Section 10 Ancilary Services provision of E911 services. All costs incurred by the Parties for 911/E911 services shall be biled to the appropriate PSAP. 10.3.2.14 Qwests designated E911 database provider, an independent third part, wil be responsible for maintaining the E911 database. CLEC shall have non- discriminatory unbundled access to the E911 database, including the listings of other LECs for purposes of providing 911 services related to the public health, safety and welfare. 10.3.3 E911 Database Updates 10.3.3.1 CLEC exchanges to be included in Qwests E911 Database wil be indicated via writen notice to the appropriate 911 authorit (state agency or PSAP administrator or county) and wil not require an amendment to this Agreement. 10.3.3.2 Qwests designated E911 database provider, an independent third part, will be responsible for maintaining the E911 database. Qwest, or its designated database provider, will provide to CLEC an initial copy of the most recent Master Street Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge. MSAGs provided outside the quarterly schedule wil be provided and charged on an Individual Case Basis. The data wil be provided in computer readable format. Qwest shall provide CLEC access to the Master Street and Address Guide at a level of accuracy and reliability that is equivalent to the access Qwest provides to itself. 10.3.4 E911 Database Updates for Facilties-Based CLECs 10.3.4.1 Qwest will ensure that the 911 database entries for CLEC wil be maintained with the same accuracy and reliability that Qwest maintains for Qwests own End Users. 10.3.4.2 For selective routing table updates, facilities-based CLECs wil negotiate directly with Qwests database provider for the input and validation of End User data into the Qwest Automatic Location Identification (ALI) database. CLEC wil negotiate directly with the PSAP (or PSAP agency's) OMS/ALI provider for input of End User data into the ALI database. In most cases the selective routing table updates and the ALI database wil be managed by the same provider. CLEC assumes all responsibility for the accuracy of the data that CLEC provides for MSAG preparation and E911 Database operation. 10.3.4.3 If it is facilities-based, CLEC wil provide End User data to Qwest's agent for the Qwest ALI database utilzing NENA-02-010 Recommended Formats and Protocols For ALI Data Exchange standards. Qwest wil furnish CLEC any variations to NENA recommendations required for ALI database input. 10.3.4.4 If it is facilities-based, CLEC wil provide End User data to Qwests database provider for Qwests ALI database that is MSAG valid and meets all components of the NENA-02-011 Recommended Data Standards for Local Exchange Carriers, ALI Service Providers and 9-1-1 Jurisdictions standard format, as specified by Qwest. 10.3.4.5 If it is facilities-based, CLEC wil update its End User records provided to Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -245- Section 10 Ancilary Services Qwests database provider for Qwests ALI database to agree with the 911 MSAG standards for its service areas. 10.3.5 E911 Database Updates for Resale Based CLECs 10.3.5,1 For resold servces, Qwest, or its designated database provider, wil provide updates to the ALI database in a manner that is at the same level of accuracy and reliability as such updates are provided for Qwests End Users. For resold accounts, CLEC shall provide Qwest with accurate End User location information to be updated to the ALI/OMS database. Qwest shall use its current process to update and maintain End User information in the ALI/OMS database. 10.3.6 E911 Database Accuracy 10.3.6.1 E911 Database accuracy shall be measured jointly by the PSAPs and Qwests database provider in a format supplied by Qwest. The reports shall be forwarded to CLEC by Qwests database provider when relevant and wil indicate incidents when incorrect or no ALI data is displayed. The reports provided to CLEC shall contain CLEC-specific information regarding CLEC's accounts. 10.3.6.2 Each discrepancy report wil be jointly researched by Qwest and CLEC. Corrective action wil be taken immediately by the responsible Part. 10.3.6.3 Each Part providing updates to the 6911 database wil be responsible for the accuracy of its End User records. Each Part providing updates specifically agrees to indemnify and hold harmless the other Part from any claims, damages, or suits related to the accuracy of End User data provided for inclusion in the E911 Database. 10.3.6.4 Qwest and its vendor wil provide non-discriminatory error correction for records submitted to the Automatic Location Identification (ALI) database. For resold accounts, if vendor detects errors, it wil attempt to correct them. If vendor is unable to correct the error, vendor wil contact Qwest for error resolution. For errors referred to Qwest, Qwest wil provide the corrections in a non-discriminatory manner. If Qwest is unable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the case of facility-based CLECs, the vendor wil interface directly with CLEC to resolve record errors. 10.3.7 E911 Interconnection 10.3.7.1 If required by CLEC, Qwest shall interconnect direct trunks from CLEC's network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be provided by CLEC. If provided by Qwest, such trunks wil be provided on a non- discriminatory basis. Qwest shall provide special protection identification for CLEC 911 circuits in the same manner as Qwest provides for its 911 circuits. 10.3.7.1.1 The Parties shall establish a minimum of two (2) dedicated trunks from CLEC's central office to each Qwest 911/E911 selective router (i.e., 911 Tandem Ofice) that serves the areas in which CLEC provides Exchange Service, for the provision of 911/E911 services and for accss to allsubtending PSAPs (911 Interconnection Trunk Groups). CLEe can order diverse routing for Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -246- Section 10 Ancilary Services 9111E911 circuits, if facilities are available. When Owest facilities are available, Owest wil comply with diversity of facilties and systems as ordered by CLEC. Where there is alternate routing of 911/E911 calls to a PSAP in the event of failures, Owest shall make that alternate routing available to CLEC. 10.3.7.1.2 911 Interconnection Trunk Groups must be, ata minimum, DS-O level trunks configured as a 2-wire analog interface or as part of a digital (1.544 Mbps) interface. Either configuration must use Centralized Automatic Message Accounting (CAMA) type signaling with MF tones that wil deliver Automatic Number Identification "ANI" with the voice portion of the call, or Signaling System 7 (SS7) if available (Le., other signaling technology as available). All 911 Interconnection trunk groups must be capable of transmiting and receiving Baudot code necessary to support the use of Telecommunications Devices for the Deaf (TrrDDs). 10.3.7.1.3 Owest shall begin restoration of 911/E911 trunking facilities immediately upon notification of failure or outage. Owest must provide priority restoration of trunks or network outages on the same terms and conditions it provides itself. CLEC wil be responsible for the isolation, coordination,and restoration of all 911 network maintenance problems to the CLEC demarcation. Owest wil be responsible for the coordination and restoration of all 911 network maintenance problems beyond the demarcation. Owest repair service includes testing and diagnostic service from a remote location, dispatch of or in-person visit(s) of personneL. Where an on-site technician is determined to be required, a technician wil be dispatched without delay. CLEC is responsible for advising Owest of the circuit identification when notifying Owest of a failure or outage. The Parties agree to work cooperatively and expeditiously to resolve any 911 outage. Owest wil refer network trouble to CLEC if no defect is found in Owests network. The Parties agree that 911 network problem resolution wil be managed in an expeditious manner at all times. 10.3.7.2 For CLEC-identified 911 trunk blockages, Owest agrees to take corrective action using the same trunking service procedures used for Owests own E911 trunk groups. 10.3.7.3 The Parties wil cooperate in the routing of 911 traffic in those instances where the ALI/ANI information is not available on a particular 911 calL. 10.3.7.4 For a facilty-based CLEC, Owest shall provide 911 Interconnection, including the provision of dedicated trunks from CLEC End Ofice Switch to the 911 control office, at parity with what Owest provides itself. 10.3.7.5 For a Reseller CLEC, or a CLEC using unbundled switching, Owest shall provide CLEC with access to the same 911 trunks used for Owests retail End Users which extend from the Owest End Ofice Switch to the Basic 911 PSAP or the E911 tandem. CLEC access to such 911 trunks shall be on a shared, non-discriminatory basis. 10.3.8 E911 and Number Portability 10.3.8.1 When a Owest telephone number is ported out, the receiving CLEC shall Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -247- Section 10 Ancilary Services be responsible to update the ALI/OMS database, When a CLEC telephone number is ported in, Qwest shall be responsible to update the ALI/OMS database. 10.3.8.2 When Remote Call Forwarding (RCF) is used to provide number portability to the End User and a remark or other appropriate field information is available in the database, the shadow or "forwarded-to" number and an indication that the number is ported shall be added to the End User record by CLEC, 10.4 White Pages Directory Listings 10.4.1 Description White Pages Listings Service (Listings) consists of Qwest placing the names, addresses and . telephone numbers of CLEC's End Users in Qwests listing database, based on End User information provided to Qwest by CLEC. Qwest is authorized to use CLEC End User listings as noted below. 10.4.2 Terms and Conditions 10.4.2.1 CLEC wil provide in standard format, by mechanized or by manual transmission to Qwest, its primary, premium and privacy listings. Qwest wil accept one primary listing for each main telephone number belonging to CLEC's End Users at no charge. 10.4.2.2 CLEC wil be charged for premium and privacy listings (e.g., additional, foreign, cross reference) at Qwests General Exchange listing Tarif rates, less the wholesale discount, as described in Exhibit A. Primary listings and other types of listings are defined in the Qwest General Exchange Tarifs. 10.4.2.3 Information on submitting and updating listings is available in "Qwest Facilit Based and Co-Provider Listings User Documents." Qwest wil furnish CLEC the listings format specifications. Directory publishing schedules and deadlines wil be provided to CLEC. 10.4.2.4 If CLEC provides its End User's listings to Qwest, CLEC grants Qwest access to CLEC's end user listings information for use in its Directory Assistance Service, in its Directory Assistance List Information, and for other lawful purposes, except that CLEC's listings supplied to Qwest by CLEC and marked as nonpublished or non listed listings shall not be used for marketing purposes subject to the terms and conditions of this Agreement. Qwest wil incorporate CLEC End User Listings in the Directory Assistance Database. Qwest wil incorporate CLEC's End User listings information in all existing and future Directory Assistance applications developed by Qwest. Should Qwest cease to be a Telecommunications Carrier, by virtue of a divestiture, merger or other transaction, this access grant automatically terminates. 10.4.2.5 CLEC End User listings wil be treated the same as Qwests End User listings. Prior written authorization from CLEC, which authorization may be withheld, shall be required for Qwest to sell, make available, or release CLEC's End User listings to directory publishers, or other third parties other than Directory Assistance providers. No prior authorization from CLEC shall be required for Qwest to sell, make available, or release CLEC's End User Directory Assistance Listings to Directory Assistance Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -248- Section 10 Ancilary Services providers. Listings shall not be provided or sold in such a manner as to segregate End Users by carrier. Owest wil not charge CLEC for updating and maintaining Owests listings databases. CLEC will not receive compensation from Owest for any sale of listings by Owest as provided for under this Agreement. 10.4.2.6 To the extent that state Tariffs limit Owests liabilit with regard to listings, the applicable state Tarif(s) is incorporated herein and supersedes the Limitation of Liabilty section of this Agreement with respect to listings only. 10.4.2.7 Owest is responsible for maintaining listings, including entering, changing, correcting, rearranging and removing listings in accordance with CLEC orders. 10.4.2.8 Owest provides non-discriminatory appearance and integration of white pages listings for all CLEC's and Owests End Users. All requests for white pages Directory Listings, whether CLEC or Owest End Users, follow the same processes for entry into the listings database. 1 0.4.2.90west wil take reasonable steps in accordance with industry practices to accommodate nonpublished and non listed listings provided that CLEC has supplied Owest the necessary privacy indicators on such listings. 10.4.2.10 CLEC white pages listings wil be in the same font and size as . listings for Owest End Users, and wil not be separately classified. 10.4.2.11 Owest processes for publication of white pages Directory Listings wil make no distinction between CLEC and Owest subscribers. CLEC listings wil be provided with the same accuracy and reliabilty as Owests End User listings. Owest wil ensure CLEC listings provided to Owest are included in the white pages directory published on Owests behalf using the same methods and procedures, and under the same terms and conditions, as Owest uses for its own End User listings. 10.4.2.12 Owest shall ensure its third part publisher distributes appropriate alphabetical and classified directories (white and yellow pages) and recycling services to CLEC End Users at parity with Owest End Users, including providing directories a) upon establishment of new service; b) during annual mass distribution; and c) upon End User request. 1.0.4.2.13 CLEC shall use commercially reasonable efforts to ensure that listings provided to Owest are accurate and complete. All third part listings information is provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all listings information provided to Owest, including End User requested restrictions on use, such as nonpublished and nonlisted restrictions. 10.4.2.14 Reserved for Future Use. 10.4.2.15 CLEC shall be solely responsible for knowing and adhering to state laws or rulings regarding listings and for supplying Owest with the applicable listing information. 10.4.2.16 CLEC agrees to provide to Owest its End User names, addresses and telephone numbers in a standard mechanized format, as specified by Owest. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 249- Section 10 Ancilary Services 10.4.2.17 CLEC wil supply its ACNAICIC or CLCC/OCN, as appropriate, with each order to provide Qwest the means of identifying listings ownership. 10.4.2.18 Prior to placing listings orders on behalf of End Users, CLEC shall. be responsible for obtaining, and have in its possession, Proof of Authorization (POA), as set forth in Section 5.3 of this Agreement. 10.4.2.19 Qwest wil provide monthly listing verification proofs that provide the data to be displayed in the published white pages directory and available on Directory Assistance. Verification proofs containing nonpublished and non listed listings are also available upon request on the same monthly schedule. 10.4.2.20 Qwest wil provide CLEC a reasonable opportunit to verify the accuracy of the listings to be included in the white pages directory and Directory Assistance. 10.4.2.21 CLEC may review and if necessary edit the white page listings prior to the close date for publication in the directory. 10.4.2.22 CLEC is responsible for all dealings with, and on behalf of, CLEC's End Users, including: 10.4.2.22.1 All End User account activity (e.g., End User queries and complaints); 10.4.2.22.2 All account maintenance activity (e.g., additions, changes, issuance of orders for listings to Qwest); 10.4.2.22.3 Determining privacy requirements and accurately coding the privacy indicators for CLEC's End User information (if End User information provided by CLEC to Qwest does not contain a privacy indicator, no privacy restrictions wil apply); and 10.4.2.22.4 Any additional services requested by CLEC's End Users. 10.4.2.23 Pursuant to Sec. 222 (a), (b), (c), (d), and (e) of the Telecommunications Act, Qwest wil provide subscriber lists information gathered in Qwests capacity as a provider of local Exchange Service on a timely and unbundled basis, under non- discriminatory and reasonable rates, terms and conditions to CLEC upon request for the purpose of publishing directories in any format. Rates may be subject to federal or state law or rules, as appropriate. Upon request by CLEC, Qwest shall enter into negotiations with CLEC for CLEC's use of subscriber list information for purposes other than publishing directories, and Qwest and CLEC wil enter into a writen contract if agreement is reached for such use. 10.4.2.23.1 Qwest shall use commercially reasonable efforts to ensure that its retail End User listings provided to CLEC are accurate and complete. Any third part listings are provided AS iS, WITH ALL FAULTS. Qwest further represents that it shall review all its retail End User listings information provided to CLEC including End User requested restrictions on use, such as nonpublished and non listed restrictions. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -250- Section 10 Ancilary Services 10.4.2.24 Qwest represents and warrants that any arrangement for the publication of white pages Directory Listings with an Affilate or contractor (including, without limitation, Qwest Dex, Inc;) (an Affiliate), requires such Affiliate or contractor to publish the Directory Listings of CLEC contained in Qwests listings database so that CLEC's Directory Listings are non-discriminatory in appearance and integration, and have the same accuracy and reliabilty that such Affiliate or contractor provides to Qwests End Users. 10.4.2.25 Qwest further agrees that any arrangements for the publication of white pages Directory Listings with an Affiliate or contractor shall require such Affilate or contractor to include in the Customer guide pages of the white pages directory, a notice that End Users should contact their local service provider to request any modifications to their existing listing or to request a new listing. 10.4.2.26 Qwest agrees that any arrangement with an Affiliate or contractor for the publication of white pages Directory Listings shall require such Affilate or contractor to provide CLEC space in the Customer guide pages of the white pages directory for the purpose of notifing customers how to reach CLEC to: (1) request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an account representative; (5) request buried cable local service; and (6) contact the special needs center for customers with disabilities. 10.4.3 Rate Elements The following rate elements apply to White Pages Listings and are contained in Exhibit A of this Agreement. 10.4.3.1 Primary Listings; and 10.4.3.2 Premium/Privacy Listings. 10.4.4 Ordering Process 10.4.4.1 Qwest provides training on white page listings requests and submission processes. The ordering process is similar to the service ordering process. 10.4.4.2 CLEC listings can be submited for inclusion in Qwest white pages directories according to the directions in the Qwest Listings User Documents for Facilty- Based and Reseller CLECs, which is available on-line through the PCAT, (httpl/ww.qwest.com//wholesale/ or wil be provided in hard copy to CLEC upon request. Initial information and directions are available in the PCAT. 10.4.4.3 CLEC can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI, IMA-GUI, or fax. 10.5 DirectoryAssistance 10.5.1 Description 10.5.1.1 Directory assistance service is a telephone number, voice information service that Qwest provides to its own End Users and to other Telecommunications Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 251- Section 10 Ancilary Services Carriers. Qwest provides CLEC non-discriminatory access to Qwests Directory Assistance centers, services and Directory Assistance Databases. There are three (3) forms of Directory Assistance Services available pursuant to this Agreement -- Directory Assistance Service, Directory Assistance List Services, and Directory Assistance Database Service. These services are available with CLEC-specific branding, generic branding and Directory Assistance Call Completion Link options. 10.5.1.1.1 Directory Assistance Service. The published and non-listed telephone numbers provided within the relevant geographic area are those contained in Qwests then current Directory Assistance database. 10.5.1.1.1.1 Local Directory Assistance Service -- Allows CLEC's End Users to receive published and non-listed telephone numbers within the caller's NPAILATA geographic areas, whichever is greater. 10.5.1.1.1.2 National Directory Assistance Service -- Allows CLEC's End Users to receive listings from Qwests Local Directory Assistance database and from the database of the National Directory Assistance services vendor selected by Qwest. National Directory Assistance Service includes Local Directory Assistance Service. 10.5.1.1.1.3 Call Branding Service - Allows CLEC's End Users to receive the service options listed in 10.5.1.1.1.1 and 10.5.1.1.1.2 branded with the brand of CLEC, where Technically Feasible or with a generic brand. Call Branding announces CLEC's name to CLEC's End User at the start and completion of the call. Call Branding is an optional service available to CLEC. a) Front End Brand -- Announces CLEC's name to CLEC's End User at the start of the call. There is a nonrecurring charge to setup and record the Front End Brand message. b) Back End Brand -- Announces CLEC's name to CLEC's End User at the completion of the calL. There is a nonrecurring charge to setup and record the Back End Brand message. c) There is a nonrecurring charge to load CLEC's branded message in each Switch. d) Qwest wil record CLEC's branded message. 10.5.1.1.1.4 Call Completion Link allowsCLEC's End Users' calls to be returned to CLEC for completion on CLEC's network, where available. There is a recurring charge per calL. 10.5.1.1.2 Directory Assistance List Service -- Directory Assistance List Service is the access to Qwests Directory Listings for subscribers within Qwests fourteen (14) states for the purpose of providing Directory Assistance Service to its local exchange End User customers subject to the terms and conditions of this Agreement. See Section 10.6 for terms and conditions relating to the Directory Assistance List Services. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -252- Section 10 Ancilary Services 10.5.1.1.2.1 If CLEC elects to build its own Directory Assistance Service, it can obtain Qwest Directory Listings through the purchase' of the Directory Assistance List. 10.5.1.1.3 Directory Assistance Database Service -- Qwest shall provide CLEC non-discriminatory access to Qwests Directory Assistance Database or "Directory1" database, where Technically Feasible, on a "per dip" basis. 10.5.2 Terms and Conditions 1 0.5.2.1 Qwest wil provide CLEC non-discriminatory access to Qwests Directory Assistance Databases, Directory Assistance centers and personnel to provide Directory Assistance service. 10.5.2.2 Qwests Directory Assistance database contains only those published and non-listed telephone number listings obtained by Qwest from its own End Users and other Telecommunications Carriers. 10.5.2.3 Qwest wil provide access to Directory Assistance Servce for facility- based CLECs via dedicated multi-frequency (MF) operator service trunks. CLEC may purchase operator service trunks from Qwest or provide them itself. These operator service trunks wil be connected directly to a Qwest Directory Assistance host or remote Switch. CLEC wil be required to order or provide at least one operator services trunk for each NPA served. 10.5.2.4 Qwest wil perform Directory Assistance Services for CLEC in accordance with operating methods, practices, and standards in effect for all Qwest End Users. Qwest wil provide the same priority of handling for CLEC's End User .calls to Qwests Directory Assistance service as it provides for its own End User calls. Calls to Qwests Directory Assistance are handled on a first come, first served basis, without regard to whether calls are originated by CLEC or Qwest End Users. 10.5.2.5 Call Branding for Directory Assistance wil entail recording and setting up a brand message. Dedicated interoffice facilities are required. 10.5.2.6 Call Completion Link requires dedicated interoffice facilities. 10.5.2.7 If CLEC elects to access the Qwest Directory Assistance databases on a per dip basis, Qwest wil provide to CLEC the facilty and equipment specifications necessary to enable CLEC to obtain compatible facilities and equipment. 10.5.2.8 A Reseller CLECs' End User customers may use the same dialing pattern to access Directory Assistance service as used by Qwests End User customers (i.e., 411, 1+411, or 1+NPA+555-1212). 10.5.2.9 A facilty-based CLEC may choose to have its End Users dial a unique number or use the same dialing pattern as Qwest End Users to access Qwest Directory Assistance operators. 10.5.2.10 Qwest wil timely enter into its Directory Assistance database updates of CLEC's listings. Qwest wil implement qualit assurance procedures such as random Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -253- Section 10 Ancilary Services testing for listing accuracy. Qwest will identify itself to End Users callng its DA service provided for itself either by company name or operating company name or operating company number so that End Users have a means to identify with whom they are dealing. 10.5.2.10.1 In accordance with Section 18, CLEC may request a comprehensive audit of Qwests use of CLEC's directory assistance listings. In addition to the terms specified in Section 18, the following also apply: as used herein, "Audit" shall mean a comprehensive review of the other Part's delivery and use of the directory assistance listings provided hereunder and such other Part's performance of its obligations under this Agreement. CLEC may perform up to two (2) audits per twelve (12) month period commencing with the effective date of this Agreement of Qwests use of CLEC's direcory assistance listings in Qwests Directory Assistance Service. CLEC shall be entitled to "seed" or specially code some or all of the directory assistance listings that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in this Agreement. 10.5.2.11 Qwest shall use CLEC's Directory Assistance listings supplied to Qwest by CLEC under the terms of this Agreement solely for the purposes of providing Directory Assistance Service and for providing DA List Information to Directory Assistance provider and for other lawful purposes, except that CLEC's Directory Assistance Listings supplied to Qwest by CLEC and marked as nonpublished or non listed listings shall not be used for marketing purposes. 10.5.3 Rate Elements The following rate elements apply to Directory Assistance Service and are contained in Exhibit A of this Agreement. 10.5.3.1 A per call rate is applicable for Local Directory Assistance and National Directory Assistance Service selected by CLEC. 10.5.3.2 A nonrecurring setup and recording fee wil be charged for establishing each Call Branding option. A nonrecurring charge to load CLEC's brand in each Switch is also applicable. Such nonrecurring fees must be paid before service commences. 10.5.3.3 A per call rate is applicable for Call Completion Link. 10.5.4 Ordering Process CLEC wil order Directory Assistance Service by completing the questionnaire entitled "Qwest Operator Services/Directory Assistance Questionnaire for Local Service Providers." This questionnaire may be obtained from CLEC's Qwest account manager. 10.5.5 Billng 10.5.5.1 Qwest wil track and bil CLEC for the number of calls placed to Qwests Directory Assistance service by CLEC's End Users as well as for the number of requests for Call Completion Link. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LH/XO Idaho/CDS-020124-0083 - 254- Section 10 Ancilary Services 10.5.5.2 For purposes of determining when CLEC is obligated to pay the per call rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is received by the Operator Services Switch. An End User may request and receive no more than two telephone numbers per Directory Assistance call. Owest wil not credit, rebate or waive the per call charge due to any failure to provide a telephone number. 10.5.5.3 Call Completion Link wil be charged at the per call rate when the End User completes the required action (Le., "press the number one," "stay on the line," etc.). 10.6 Directory Assistance List 10.6.1 Description 10.6.1.1 Directory Assistance List (DA List) Information consists of name, address and telephone number information for all End Users of Owest and other LEes that are contained in Owests Directory Assistance Database and, where available, related elements required in the provision of Directory Assistance service to CLEC's End Users. No prior authorization from CLEC shall be required for Owest to sell, make available, or release CLEC's End User Directory Assistance listings to Directory Assistance providers. In the case of End Users who have non~published listings, Owest shall provide the End User's local numbering plan area (NPA), address, and an indicator to identify the non~published status of the listing to CLEC; however, Owest wil not provide the non~published telephone number. 10.6.1.2 Owest wil provide DA List Information via initial loads and daily updates either by means of a magnetic tape or Network Data Mover (NOM) or as otherwise mutually agreed upon by the Parties. Owest wil provide all changes, additions or deletions to the DA List Information overnight on a daily basis. The Parties wil use a mutually agreed upon format for the data loads. 10.6.1.3 DA List Information shall specify whether the Owes! subscriber . is a residential, business, or government subscriber, and the listings of other carriers wil specify such information where it has been provided on the carrier's listing order. 10.6.1.4 In the event CLEC requires a reload of DA List Information from Owests database in order to validate, synchronize or reconcile its database, a reload wil be made available according to the rate specified in Exhibit A. 10.6.1.5 Owest and CLEC wil cooperate in the designation of a location to which the data wil be provided. 10.6.2 Terms and Conditions 10.6.2.1 Owest grants to CLEC, as a competing provider of telephone Exchange Service and telephone toll service, access to the Directory Assistance List Information Option 1) solely for the purpose of providing Directory Assistance Services, or Option 2) for purposes of providing Directory Assistance Services and for other lawful purposes, except that listings included in Owests Directory Assistance List information and marked as nonpublished or nonlisted listings, or listings marked with an "omit from lists" indicator shall not be used for marketing purposes, subject to the terms and conditions of this Agreement. CLEC wil advise Owest when it orders Owests Directory Assistance List Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS~020124-0083 -255- Section 10 Ancilary Services Information whether it chooses Option 1 or 2. As it pertains to the use of Directory Assistance List Information in this Agreement, "Directory Assistance Service" shall mean the provision, by CLEC via- a live operator or a mechanized system, of telephone number and address information for an identified telephone service End User or the name and/or address of the telephone service End User for an identified telephone number. Should CLEC cease to be a Telecommunications Carrier, a competing provider of telephone Exchange Service or telephone toll service, this access grant automatically terminates. 10.6.2.1.1 Qwest shall make commercially reasonable efforts to ensure that listings belonging to Qwest retail End Users provided to CLEC in Qwests DA List Information are accurate and complete. All third part DA List Information is provided AS IS, WITH ALL FAULTS. Qwest further represents that it shall review all of its End User listings information provided to CLEC, including End User requested restrictions on use, such as nonpublished and nonlisted restrictions. 10.6.2.2 CLEC wil obtain and timely enter into its Directory Assistance database daily updates of the DA List Information, wil implement quality assurance procedures such as random testing for Directory Assistance Listing accuracy, and wil identify itself to End Users callng its DA service either by company name or operating company number so that End Users have a means to identify with whom they are dealing. 10.6.2.3 Reserved for Future Use. 10.6.2.4 Qwest shall retain all right, title, interest and ownership in and to the DA Listing Information it provides hereunder. CLEC acknowledges and understands that while it may disclose the names, addresses, and telephone numbers (or an indication of non-published status) of Qwests End Users to a third part callng its Directory Assistance for such information, the fact that such End User subscribes to Qwests Telecommunications Services is confidential and proprietary information and shall not be disclosed to any third part. 10.6.2.5 CLEC shall not sublicense, copy or allow any third part to access, download, copy or use the DA List Information, or any portions thereof, or any information extracted therefrom. Each Part shall take commercially reasonable and prudent measures to prevent disclosure and unauthorized use of Qwests DA List Information at least equal to the measures it takes to protect its own confidential and proprietary information, including but not limited to implementing adequate computer security measures to prevent unauthorized access to Qwests DA List Information when contained in any database. 10.6.2.5.1 Unauthorized use of Qwests DA List information, or any disclosure to a third party of the fact that an End User, whose listing is furnished in the DA list, subscribes to Qwests, another Local Exchange Carrier's, Reseller's or CMRS's Telecommunications Services shall be considered a material breach of this Agreement and shall be resolved under the Dispute Resolution provisions of this Agreement. 10.6.2.6 Within five (5) days after the expiration or earlier termination of this Agreement, CLEC shall (a) return and cease using any and all DA List Information which it has in its possession or control, (b) extract and expunge any and all copies of such DA Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -256- Section 10 Ancilary Services List Information, any portions thereof, and any and all information extracted therefrom, from its files and records, whether in print or electronic form or in any other media whatsoever, and (c) provide a written certification to Owest from an officer that all of the foregoing actions have been completed. A copy of this certification may be provided to third part carriers if the certification pertains to such carriers' DA List Information contained in Owests database. 10.6.2.7 CLEC is responsible for ensuring that it has proper security measures in place to protect the privacy of the End User information contained within the DA List Information. CLEC must remove from its database any telephone number for an End User whose listing has become non-published when so notified by Owest. 10.6.2.8 Audits -- In accordance with Section 18, Owest may request a comprehensive audit of CLEC's use of the DA List Information. In addition to the terms specified in Section 18, the following also apply: 10.6.2.8.1 As used herein, "Audit" shall mean a comprehensive review of the other Part's delivery and use of the DA List Information provided hereunder and such other Party's performance of its obligations under this Agreement. Either Part (the "Requesting Party) may perform up to two (2) Audits per 12-month period commencing with the effective date of this Agreement. Owest shall be entitled to "seed" or specially code some or all of the DA List Information that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in Section 10.6.2.2 above. 10.6.2.8.2 All paper and electronic records wil be subject to audit. 10.6.2.9 CLEC recognizes that certain carriers who have provided DA List Information that is included in Owests database may be third part beneficiaries of this Agreement for purposes of enforcing any terms and conditions of the Agreement other than payment terms with respect to their D A List Information. 10.6.2.10 Owest will provide a non-discriminatory process and procedure for contacting End Users with non-published telephone numbers in emergency situations for non-published telephone numbers that are included in Owests Directory Assistance Database. Such process and procedure wil be available to CLEC for CLEC's use when CLEC provides its own Directory Assistance and purchases Owests Directory Assistance List product. 10.6.3 Rate Elements Recurring and nonrecurring rate elements for DA List Information are described below and are contained in Exhibit A of this Agreement. 10.6.3.1 Initial Database Load -- A "snapshot' of data in the Owest DA List Information database or portion of the database at the time the order is received. 10.6.3.2 Reload -- A "snapshot' of the data in the Owest DA List Information database or portion of the database required in order to refresh the data in CLEC's database. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -257- Section 10 Ancilary Services 10.6.3.3 Daily Updates -- Daily change activity affecting DA List Information in the listings database. 10.6.3.4 One-Time Set-Up Fees -- Charges for special database loads. 10.6.3.5 Output Charges -- Media charges resulting from either the electronic transmission or tape delivery of the DA List Information, including any shipping costs. 10.6.4 Ordering 10.6.4.1 CLEC may order the initial DA List Information load or update files for Owests local Exchange Service areas in its 14 state operating territory or, where Technically Feasible, CLEC may order the initial DA List Information load or update files by Owest White Page Directory Code or NPA. 10.6.4.2 Special requests for data at specific geographic levels (such as NPA) must be negotiated in order to address data integrity issues. 10.6.4.3 PCAT. CLEC shall use the Directory Assistance List Order Form found in the 10.7 Toll and Assistance Operator Services 10.7.1 Description 10.7.1.1 Toll and assistance operator services are a family of offerings that assist End Users in completing EAS/Iocal and long distance calls. Owest provides non- discriminatory access to Owest operator service centers, services and personneL. 10.7.1.1.1 Local Assistance. Assists CLEC End Users requesting help or information on placing or completing EAS/local calls, connects CLEC End Users to home NPA directory assistance, and provides other information and guidance, including referral to the business office and repair, as may be consistent with Owests customary practice for providing End User assistance. 10.7.1.1.2 IntraLATA Toll Assistance. Owest wil direct CLEC's End Userto contact its provider to complete InterLATA toll calls. Nothing in this Section is intended to obligate Owest to provide any toll services to CLEC or CLEC's End Users. 10.7.1.1.3 Emergency Assistance. Provide assistance for handling a CLEC End User's EAS/local and IntraLATA toll calls to emergency agencies, including but not limited to, police, sheriff, highway patrol and fire. CLEC is responsible for providing Owest with the appropriate emergency agency numbers and updates. 10.7.1.1.4 Busy Line Verification (BLV) is performed when a callng part requests assistance from the operator bureau to determine if the called line is in use. The operator wil not complete the call for the callng part initiating the BL V inquiry. Only one BLV attempt wil be made per call, and a charge shall apply. 10.7.1.1.5 Busy Line Interrupt (BU) is performed when a callng part Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LH/XO Idaho/CDS-020124-0083 -258- Section 10 Ancilary Services requests assistance from the operator to interrupt a telephone call in progress. The operator wil interrupt the busy line and inform the called party that there is a call waiting. The -operator wil not connect the callng and called parties. The operator wil make only one BLI attempt per call and the applicable charge applies whether or not the called part releases the line. 10.7.1.1.6 Quote Service - Provide time and charges to hoteVmotel and other CLEC End Users for guest/account identification. 10.7.2 Terms and Conditions 10.7.2.1 For facility-based CLECs, Interconnection to Qwests Operator Services Switch is Technically Feasible at two distinct points on the trunk side of the Switch. The first connection point is an operator services trunk connected directly to the Qwest Operator Services host Switch. The second connection point is an operator services trunk connected directly to a remote Qwest Operator Services Switch. 10.7.2.2 Trunk Provisioning and facility ownership must follow Qwest guidelines. 10.7.2.3 In order for CLEC to use Qwests operator services as a facility~based CLEC, CLEC must provide an operator service trunk between CLEC's end office and the Interconnection point on the Qwest operator services Switch for each NPA served. 10.7.2.4 The technical requirements of operator service trunk are covered in the Operator Services Systems Generic Requirement (OSSGR), Telcordia documentFR- NWT-000271, Section 6 (Signaling) and Section 10 (System Interfaces) in general requirements form. 10.7.2.5 Each Part's operator bureau shall accept BLV and BLI inquiries from the operator bureau of the other Part in order to allow transparent provision of BLWBLI traffic between the Parties' networks. 10.7.2.6 CLEC wil provide separate no~test trunks (not the 10caVIntraLATA trunks) to the Qwest BLV/BLI hub or to the Qwest Operator Services Switches. 10.7.2.7 Qwest wil perform Operator Services in accordance with operating methods, practices, and standards in effect for all its End Users. Qwest wil respond to CLEC's End User calls to Qwests operator services according to the same priorit scheme as it responds to Qwests End User calls. Calls to Qwests operator services are handled on a first come, first served basis, without regard to whether calls are originated by CLEC or Qwest End Users. 10.7.2.8 Qwest wil provide operator services to CLEC where Technically Feasible and facilties are available. Qwest may from time-to-time modify and change the nature, extent, and detail of specific operator services available to its retail End Users, and to the extent it does so, Qwest wil provide forty five (45) days advance written notice to CLEC of such changes. 10.7.2.9 Qwest shall maintain adequate equipment and personnel to reasonably perform the Operator Services. CLEC shall provide and maintain the facilities necessary to connect its End Users to the locations where Qwest provides the Operator Services Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -259- Section 10 Ancilary Services and to provide all information and data needed or reasonably requested by Qwest in order to perform the Operator Services. 10.7.2.10 Call Branding is an optional service available to CLEC. Call Branding announces CLEC's name to CLEC's End User at the start of the call and at the completion of the calL. If CLEC selects the Call Branding option, Qwest wil provide Call Branding to CLEC where Technically Feasible. a) Front End Brand - Announces CLEC's name to CLEC's End User at the start of the calL. There is a nonrecurring charge to setup and record the Front End Brand message. b) Back End Brand - Announces CLEC's name to CLEC's End User at the completion of the calL. There is a nonrecurring charge to setup and record the Back End Brand message. 10.7.2.11 Call branding for toll and operator services wil entail recording and setup of a brand message. Qwest wil record CLEC's branded message. Dedicated interoffice facilities wil be required. 10.7.2.12 Call Branding also entails a nonrecurring charge to load CLEC's branded message in each Switch. 10.7.2.13 CLEC's End Users may dial "0" or "0+" to access Qwest operator services. A facilty-based CLEC may choose to have its End Users access Qwest operators by dialing a unique number or by using the same dialing pattern as Qwest End Users. 10.7.3 Rate Elements Qwest toll and assistance operator services are offered under two pricing options. Option A offers a per message rate structure. Option B offers a work second and a per call structure. Applicable recurring and nonrecurring rate elements are detailed below and in Exhibit A of this Agreement. 10.7.3.1 Option A - Operator Services Rate Elements 10.7.3.1.1 Operator Handled Callng Card - For each completed callng card call that was dialed 0+ where the operator entered the callng card number. 10.7.3.1.2 Machine Handled Callng Card - For each completed call that was dialed 0+ where the End User entered the required information, such as callng card number. 10.7.3.1.3 Station Call - For each completed station call, including station sent paid, collect, third number special billng or 0- callng card calL. 10.7.3.1.4 Person Call - For each completed person to person call regardless of the billng used by the End User. 10.7.3.1.5 Connect to Directory Assistance - For each operator placed call to Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 - 260- Section 10 Ancilary Services directory assistance. 10.7.3.1.6 Busy Line Verify - For each call where the operator determines that conversation exists on a line. 10.7.3.1.7 Busy Line Interrupt - For each call where the operator interrupts conversation on a busy line and requests release of the line. 10.7.3.1.8 Operator Assistance - For each EAS/local call, whether completed or not, that does not potentially generate an operator surcharge. These calls include, but are not limited to: calls given the DDD rate because of transmission problems; calls where the operator has determined there should be no charge, such as Busy Line Verify attempts where conversation was not found on the line; calls where the End User requests information from the operator and no attempt is made to complete a call; and calls for quote service. 10.7.3.1.9 "Completed call" as used in this Section shall mean that the End User makes contact with the location, telephone number, person or extension designated by the End User. 10.7.3.2 Option B - Per Work Second and Computer Handled Calls 10.7.3.2.1 Operator Handled - CLEC wil be charged per work second for all calls originating from its End Users and facilities that are routed to Qwests operator for handling. Work second charging begins when the Qwest operator position connects with CLEC's End User and terminates when the connection between the Qwest operator position and CLEC's End User is terminated. 10.7.3.2.2 Machine Handled - calls that are routed without operator intervention. Machine handled calls include, but are not limited to, credit card calls where the End User enters the callng card number, calls originating from coin telephones where the computer requests deposit of coins, additional End User key actions, recording of End User voice, etc. 10.7.3.3 Call Branding Nonrecurring Charge. Qwest wil charge toCLEC a nonrecurring setup and recording fee for establishing Call Branding and loading each Switch with CLEC's branded message. CLEC must pay such nonrecurring charges prior to commencement of the service. The nonrecurring set-up and recording charge will apply each time CLEC's brand message is changed. The nonrecurring charge to load the Switches with CLEC's branded message wil be assessed each time there is any change to the Switch. 10.7.4 Ordering Process CLEC wil order Operator Services by completing the "Qwest . Operator Services/Directory Assistance Questionnaire for Local Service Providers." Copies of this questionnaire may be obtained from CLEC's designated Qwest account manager. 10.7.5 Biling 10.7.5.1 Qwest wil track usage and bil CLEC for the calls placed by CLEC's End Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 261- Section 10 Ancilary Services Users and facilities. 10.7.5.2 Qwest will compute CLEC's invoice based on both Option A (Price Per Message) and Option B (Price Per Work Second and Computer Handled Calls). Qwest wil charge CLEC whichever option results in a lower charge. 10.7.5.3 If, due to equipment malfunction or other error, Qwest does not have available the necessary information to compile an accurate biling statement, Qwest may render a reasonably estimated bil, but shall notify CLEC of the methods of such estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bil reflecting actual bilable quantities when and if the information necessary for the billng statement becomes available. . 1 0.8 Access to Poles, Ducts, Conduits, and Rights of Way 10.8.1 Description 10.8.1.1 Pole Attachments - Where it has ownership or control to do so, Qwest wil provide CLEC with access to available pole attachment space for the placing of facilties for the purpose of transmiting Telecommunications Services. 10.8.1.1.1 The term pole attachment means any attachment by CLEC to a póle owned or controlled by Qwest. 10.8.1.2 Ducts and Conduits - Where it has ownership or control to do so, Qwest wil provide CLEC with access to available ducts/conduits for the purpose of placing facilities for transmitting Telecommunications Services. A spare ductconduit wil be leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC may place innerduct in an empty duct/conduit. Control of CLEC-installed spare innerduct shall vest in Qwest immediately upon installation; ownership of such innerduct shall vest to Qwest if and when CLEC abandons such innerduct. 10.8.1.2.1 The terms duct and conduit mean a single enclosed raceway for conductors, cable and/or wire. Duct and conduit may be in the ground, may follow streets, bridges, public or private ROW or may be within some portion of a multi-unit building. Within a multi-unit building, duct and conduit may traverse building entrance facilities, building entrance links, equipment rooms, remote terminals, cable vaults, telephone closets or building riser. The terms Duct and Conduit include riser conduit. 10.8.1.2.2 The term innerduct means a duct-like raceway smaller than a ductconduit that is inserted into a ductconduit so that the duct may typically carry three cables. 10.8.1.3 Rights of Way (ROW) - Where it has ownership or control to do so, Qwest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to Exhibit D, access to available ROW for the purpose of placing telecommunications facilities. ROW includes land or other propert owned or controlled by Qwest and may run under, on, above, across, along or through public or private propert or enter multi- unit buildings. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 - 262- Section 10 Ancilary Services 10.8.1.3.1 ROW means a real propert interest in privately-owned real property, but expressly excluding any public, governmental, federal or Native American, or other quasi-public or non-private lands, suficient to permit Owest to place telecommunications facilities on such real propert; such propert owner may permit Owest to install and maintain facilities under, on, above, across, along or through private propert or enter multi-unit buildings. Within a multi-unit building, a ROW includes a pathway that is actually used or has been specifically designated for use by Owest as part of its transmission and distribution network where the boundaries of the pathway are clearly defined either by written specifications or unambiguous physical demarcation. 10.8.1.4 Intentionally Left Blank. 10.8.1.5 The phrase "ownership or control to do so" means the legal right, as a matter of state law, to (i) convey an interest in real or personal propert, or (ii) afford access to third parties as may be provided by the landowner to Owest through express or implied agreements, or through Applicable Rules as defined in this Agreement. 10.8.2 Terms and Conditions Owest shall provide CLEC non-discriminatory access to poles, ducts, conduit and rights of way on terms and conditions found in the Revised Owest Right of Way, Pole Attachment and/or DucVlnnerduct Occupancy General Information Document, attached hereto as Exhibit D. Owest wil not favor itself over CLEC when Provisioning access to poles, ducts, conduits and rights of way (ROW). Owest shall not give itself preference when assigning space. 10.8.2.1 Subject to the provisions of this Agreement, Owest agrees to issue to CLEC authorization for CLEC to attach, operate, maintain, rearrange, transfer and remove at its sole expense its facilities on poleslducVinnerduct or ROW owned or controlled in whole or in part by Owest, subject to Orders placed by CLEC, Any and all rights granted to CLEC shall be subject to and subordinate to any future local, state and/or federal requirements. 10.8.2.2 Owest wil rely on such codes as the National Electrical Safety Code (NESC) to prescribe standards with respect to capacity, safety, reliabilty, and general engineering principles. 10.8.2.3 Federal requirements, such as those imposed by Federal Energy Regulatory Commission (FERC) and Occupational Safety and Health Administration (OSHA), wil continue to apply to the extent such requirements affect requests for attachments or occupancy to Owest facilties under Section 224(f)(1) of the Act. 10.8.2.4 CLEC shall provide access to a map of the requested poles/ducVinnerducVROW route, including estimated distances between major points, the identification and location of the poleslducVinnerduct and ROWand a description of CLEC's facilties. Owest agrees to provide to CLEC access to relevant plats, maps, engineering records and other data within ten (10) business days of receiving a bona fide request for such information, except in the case of extensive requests. Extensive requests involve the gathering of plats from more than one (1) location, span more than five (5) Wire Centers, or consist of ten (10) or more intra-Wire Center requests submited simultaneously. Responses to extensive requests wil be provided within a reasonable Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 263- Section 10 Ancilary Services interval, not to exceed fort-five (45) calendar days. 10.8.2.5 Except as expressly provided herein, or in the Pole Attachment Act of 1934 as amended and its regulations and rules, or in any applicable state or municipal laws, nothing herein shall be construed to compel Owest to construct, install, modif or place any poles/ductinnerduct or other facilty for use by CLEC. 10.8.2.6 Owest retains the right to determine the availability of space on poles/ductinnerduct, duct, conduit and ROW consistent with 47 USC § 224 and FCC orders, rules and regulations pursuant to 47 USC § 224. In the event Owest determines that rearrangement of the existing facilities on poles, innerduct, duct/conduit and ROW is required before CLEC's facilities can be accommodated, the actual cost of such modification wil be included in CLEC's nonrecurring charges for the associated Order (Make-Ready fee). When modifications to a Owest spare ductconduit include the placement of innerduct, Owest or CLEC wil install the number of innerduct required to fil the ductconduit to its full capacit. 10.8.2.7 Owest shall make manhole ingress and egress for ductinnerduct access available to CLEC. Owest wil perform a feasibility study to determine whether to provide a stub out via the pre-constructed knock out within the manhole, or to perform a core dril of the manhole. 10.8.2.8 Where such authorit does not already exist, CLEC shall be responsible for obtaining the necessary legal authority to occupy ROW, and/or poles/ductinnerduct on governmental, federal, Native American, and private rights of way. CLEC shall obtain any permits, licenses, bonds, or other necessary legal authority and permission, at CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC shall contact all owners of public and private rights-of-way to obtain the permission required to perform the work prior to entering the propert or starting any work thereon. See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits. Once such permission is obtained, all such work may be performed by Owest or CLEC at the option of CLEC. 10.8.2.9 Access to a Owest Central Office manhole wil be permitted where Technically Feasible. If space is available, Owest wil allow access through the Central Ofice manhole to the POi (Point of Interconnection). There shall be a presumption that there shall be no fiber splices allowed in the Central Office manhole. However, where CLEC can establish the necessity and technical feasibilty of splicing in the Central Ofice manhole, such action shall be permitted. 10.8.2.10 Replacement/Modification/Installation - If CLEC requests Owest to replace or modify existing poles/ductinnerduct to increase its strength or capacity for the sole benefit of CLEC, CLEC shall pay Owest the total actual replacement cost, Owests actual cost to transfer its attachments to new poles/ductinnerduct, as necessary, and the actual cost for removal (including actual cost of destruction) of the replaced poles/ductinnerduct, if necessary. Ownership of new poles/ductinnerduct shall vest to Owest. 10.8.2.10.1 Upon request, Owest shall permit CLEC to install poles/ductinnerduct. Owest reserves the right to reject any non-conforming replacement pole/ductinnerduct installed by CLEC that do not conform to the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -264- Section 10 Ancilary Services NESC, OSHA or local ordinances. 10.8.2.10.2 To the extent that a modification is incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the total actual cost based on the ratio of the amount of new space occupied by the facilities of CLEC to the total amount of space occupied by all parties including Qwest or its Affiliates participating in the modification. Parties who do not initiate, request or receive additional space from a modification, are not required to share in the cost of the modification. GLEC, Qwest or any other part that uses a modification as an opportunity to bring its facilities into compliance with applicable safety or other requirements wil be deemed to be sharing in the modification and wil be responsible for its share of the modification cost. Attaching entities wil not be responsible for sharing in the cost of governmentally mandated pole or other facilty modification. 10.8.2.10.3 The modifying part or parties may recover a proportionate share of the modification costs from parties that later are able to obtain access as a result of the modification. The proportionate share of the subsequent attacher wil be reduced to take account of depreciation to the pole or other facilty that has occurred since the modification. The modifying part or parties seeking to recover modification costs from parties that later obtain attachments shall be responsible for maintaining all records regarding modification costs. Qwest shall not be responsible for maintaining records regarding modification costs on behalf of attaching entities. 10.8.2.11 Notification of modifications initiated by or on behalf of Qwestand at Qwests expense shall be provided to CLEC at least sixty (60) calendar days prior to beginning modifications. Such notification shall include a brief description of the nature and scope of the modification. If GLEG does not respond to a requested rearrangement of its facilities within sixty (60) days after receipt of writen notice from Qwest requesting rearrangement, Qwest may perform or have performed such rearrangement and CLEC shall pay the actual cost thereof. No such notice shall be required in emergency situations or for routine maintenance of poles/ductinnerduct completed at Qwests expense. 10.8.2.12 Qwest reserves the right to make an on-site/final construction inspection of CLEC's facilities occupying the poles/ductinnerduct system. CLEC shall reimburse Qwest for the actual cost of such inspections except where specified in this Section. 10.8.2.13 When final construction inspection by Qwest has been completed, CLEC shall correct such non-complying conditions within the reasonable period of. time specified by Qwest in its written notice. If corrections are not completed within the specified reasonable period, occupancy authorizations for the ROW, poles/ductinnerduct system where non-complying conditions remain uncorrected shall suspend forthwith, regardless of whether CLEC has energized the facilities occupying said poles/ductlinnerduct or ROW system and CLEC shall remove its facilities from said poles/ductinnerduct or ROW in accordance with the provisions of this Section, provided, however, if the corrections physically cannot be made within such specified time, and CLEC has been diligently prosecuting such cure, CLEC shall be granted a reasonable additional time to complete such cure. Qwest may deny further occupancy authorization to CLEC until such non-complying conditions are corrected or until CLEC's facilities are Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -265- Section 10 Ancilary Services removed from the polesJductinnerduct system where such non-complying conditions exist. If agreed between both Parties, Qwest shall perform or have performed such corrections and CLEC shall pay Qwest the actual cost of performing such work. Subsequent inspections to determine if appropriate corrective actions have been taken may be made by Qwest. 10.8.2.14 Once CLEC's facilities begin occupying the poles/ductinnerduct or ROW system, Qwest may perform a reasonable number of inspections. Qwest shall bear the cost of such inspections unless the results of the inspection reveal a material violation or hazard, or that CLEC has in any other way failed to comply with the provisions of Section 10.8.2.20; in which case CLEe shall reimburse Qwest the costs of inspections and re-inspections, as required. CLEC's representative may accompany Qwest on such field inspections. The cost of periodic inspection or any special inspections found necessary due to the existence of sub-standard or unauthorized occupancies shall be biled separately. 10.8.2.15 The costs of inspections made during construction and/or the final construction survey and subsequent inspection shall be biled to CLEC upon completion of the inspections. 10.8.2.16 Final construction, subsequent, and periodic inspections or the failure to make such inspections, shall not relieve CLEC of any responsibilities, obligations, or liability assigned under this Agreement. 10.8.2.17 CLEC may use individual workers of its choice to perform any work necessary for the attaching of its facilties so long as such workers have the same qualifications and training as Qwests workers. CLEC may use any contractor approved by Qwest to perform Make-Ready Work. 10.8.2.18 If Qwest terminates an Order for cause, or if CLEC terminates an Order without cause, subject to 10.8.4.5, CLEC shall pay termination charges equal to the amount of fees and charges remaining on the terminated Order(s) and shall remove its facilties from the poleslductinnerduct within sixt (60) calendar days, or cause Qwest to remove its facilties from the polesJductinnerduct at CLEC's expense; provided, however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Qwest until. CLEC's facilties are physically removed. "Cause" as used herein shall include CLEC's use of its facilities in material violation of any applicable law or in aid of any unlawful act or making an unauthorized modification to Qwests poleslduct/innerduct, or, in the case of ROW, any act or omission that violates the terms and conditions of either (a) the Access Agreement by which Qwest conveys a right of access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest or its predecessor. 10.8.2.19 Qwest may abandon or sell any poles/innerduct, ductconduit or ROW at any time by giving written notice to CLEC. Any poles, innerduct, duct/conduit or ROW that is sold, wil be sold subject to all existing legal rights of CLEC. Upon abandonment of poleslinnerduct, ductconduit or ROW, and with the concurrence of the other joint user(s), if necessary, CLEC shall, within sixt (60) calendar days of such notice, either: 1) continue to occupy the poleslinnerduct, ductconduit or ROW pursuant to its existing rights under this Agreement if the poleslinnerduct, ductconduit, or ROW is purchased by another part; 2) purchase the poleslinnerduct, ductconduit or ROW from Qwest at the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -266- Section 10 Ancilary Services current market value; or 3) remove its facilties therefrom. Failure to explicitly elect one of the foregoing options within sixt (60) calendar days shall be deemed an election to purchase the poles/innerduct, ductconduit or ROW at the current market value if no other part purchased the poles/innerduct, ductconduit or ROW within this sixt (60) day period, 10.8.2.20 CLEC's facilties shall be placed and maintained in accordance with the requirements and specifications of the current applicable standards of Telcordia Manual of Construction Standards, the National Electrical Code, the National Electrical Safety Code, and the rules and regulations of the Occupational Safety and Health Act, all of which are incorporated by reference, and any governing authority having jurisdiction. Where a diference in specifications exists, the more stringent shall apply. Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest, its Affilates or any other Telecommunications Carrier is held. Failure to maintain facilties in accordance with the above requirements or failure to correct as provided in Section 10.8.2.13 shall be cause for termination of the Order. CLEC shall in a timely manner comply with all requests from Qwest to bring its facilities into compliance with these terms and conditions. 10.8.2.21 Should Qwest under the provisions of this Agreement remove CLEC's facilties from the poleslductinnerduct covered by any Order, Qwest wil deliver the facilities removed upon payment by CLEC of the cost of removal, storage and delivery, and all other amounts due Qwest. If CLEC removes facilities from poles/ductinnerduct for other than repair or maintenance purposes, no replacement on the poleslductinnerduct shall be made until all outstanding charges due Qwest for previous occupancy have been paid in fulL. CLEC shall advise Qwest in writing as to the date on which the removal of facilities from the poles/ductinnerduct has been completed. 10.8.2.22 If any facilities are found attached to poleslductinnerduct for which no order is in effect, Qwest, without prejudice to its other rights or remedies under this Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual fee per pole or per innerduct run between two (2) manholes for the number of years sine the most recent inventory, or (b) five times the annual fee per pole or per innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest on these fees at a rate set for the applicable time period by the Internal Revenue Service for individual underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25 U.S.C. § 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any audit required to identify unauthorized CLEC attachments. Qwest shall waive half the unauthorized attachment fee if the following conditions are met: (1) CLEC cures such unauthorized attachment (by removing it or submitting a valid Order for the attachment in the form of Attachment 2 of Exhibit D, within thirt (30) days of written notification from Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not require Qwest to take curative measures itself (e.g., pullng additional innerduct) prior to cure by CLEC, (3) CLEC reimburses Qwest for cost of audit, or portion thereof, which discovered the unauthorized attachment. Qwest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Qwest rather than CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt of written notification from Qwest of the unauthorized occupancy, a poles/ductinnerduct application. If such application is not received by Qwest within the specified time period, CLEC wil be required to remove its unauthorized facilit within thirt (30) calendar days of the final date for submiting the required application, or Qwest may remove CLEC's Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -267- Section 10 Ancilary Services facilities without liability, and the cost of such removal shall be borne by CLEC. 10.8.2.23 No act or. failure to act by Qwest with regard to an unauthorized occupancy shall be deemed as the authorization of the occupancy. Any subsequently issued authorization shall not operate retroactively or constitute a waiver by Qwest of any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject to all liabilities of the Agreement in regard to said unauthorized occupancy from its inception. 10.8.2.24 Qwest wil provide CLEC non-discriminatory access to poles, innerducts, ducts/conduits and ROW pursuant to 47 USC § 224 and FCC orders, rules and regulations pursuant to 47 USC § 224. In the event of a conflict between this SGAT, on one hand, and 47 USC § 224 and FCC orders, rules and regulations pursuant to 47 USC § 224, on the other, 47 USC § 224 and FCC orders, rules and regulations pursuant to 47 USC § 224 shall govern. Further, in the event of a conflict between Exhibit D, on one hand, and this SGAT or 47 USC § 224 and FCC orders, rules and regulations pursuant to 47 USC § 224, on the other, this SGAT or 47 USC § 224 and FCC orders, rules and regulations pursuant to 47 USC § 224 shall govern, provided however, that any Access Agreement that has been duly executed, acknowledged and recorded in the real propert records for the county in which the ROW is located shall govern in. any event pursuant to its terms. 10.8.2.25 Nothing in this SGAT shall require Qwest to exercise eminent domain on behalf of CLEC. 10.8.2.26 Upon CLEC request, Qwest wil certify to a landowner with whom Qwest has an ROW agreement, the following: 10.8.2.26.1 that the ROW agreement with Qwest does not preclude the landowner from entering into a separate ROW agreement with CLEC; and 10.8.2.26.2 that there wil be no penalt under the agreement between the landowner and Qwest if the landowner enters into a ROW agreement with CLEC. 10.8.2.27 For purposes of permitting CLEC to determine whether Qwest has ownership or control over ductconduit or ROW within a specific multi-dwellng unit, if CLEC requests a copy of an agreement between Qwest and the owner of a specific multi-dwelling unit that grants Qwest access to the multi-dwellng unit, Qwest wil provide the agreement to CLEC pursuant to the terms of this Section. CLEC wil submit a completed Attachment 1.A from Exhibit D that identifies a specific multi-unit dwellng or route for each agreement. 10.8.2.27.1 Upon receipt of a completed Attachment 1.A, Qwest wil prepare and return an MDU information matrix, within ten (10) days, which wil identify (a) the owner of the multi-dwellng unit as reflected in Qwests records, and (b) whether or not Qwest has a copy of an agreement that provides Qwest access to the multi-dwellng unit in its possession. Qwest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that the original propert owner may not be the current owner of the propert. 10.8.2.27.2 Qwest grants a limited waiver of any confidentiality rights it may Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 268- Section 10 Ancilary Services have with regards to the content of the agreement, subject to the terms and conditions in Section 10.8.2.27.3 and the Consent to Disclosure form. Qwest wil provide to CLEC a- copy of an agreement listed in the MDU information matrix that has not been publicly recorded after CLEC obtains authorization for such disclosure from the third part owner(s) of the real propert at issue by presenting to Qwest an executed version of the Consent to Disclosure form that is included in Attachment 4 to Exhibit D of this Agreement. In lieu of submission of the Consent to Disclosure form, CLEC must comply with the indemnification requirements in Section 10.8.4.1.3. 10.8.2.27.3 As a condition of its limited waiver of its right to confidentiality in an agreement that provides Qwest access to a multi-dwelling unit that Qwest provides to CLEC or that CLEC obtains from the multi-dwellng unit owner or operator, Qwest shall redact all dollar figures from copies of agreements that have not been publicly recorded that Qwest provides to CLEC and shall require that the multi-dwellng unit owner or operator make similar redaction's prior to disclosure of the agreement. 10.8.3 10.8.2.27.4 In all instances, CLEC wil use agreements only for the following purposes: (a) to determine whether Qwest has ownership or control over duct, conduits, or rights-of-way within the propert described in the agreement; (b) to determine the ownership of wire within the propert described in the agreement; or (c) to determine the Demarcation Point between Qwest facilities and the Owner's facilities in the property described in the agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of any agreement provided pursuant to Section 10.8 to any CLEC agents or employees engaged in sales, marketing, or product management efforts on behalf of CLEC. Rate Elements Qwest fees for attachments are in accordance with Section 224 of the Act and FCC orders, rules and regulations promulgated thereunder, as well as the rates established by the Commission including the following rates, are reflected in Exhibit A. 10.8.3.1 Inquiry Fee. A non-refundable pre-paid charge used to recover the costs associated with performing an internal record review to determine if a requested route and/or facility is available, or with respect to ROW, to determine the information necessary to create the ROW matrix, which identifies, for each ROW, the name of the original grantor and the nature of the ROW (i.e., publicly recorded and non-recorded) and the MDU matrix, which identifies each requested legal agreement between Qwest and a third part who has a multi-unit building in Qwests possession that relates to Telecommunications Services provided to or through real propert owned by the third part (MDU Agreement) and, for each such MDU Agreement, the name of the third party. Separate Inquiry Fees apply for ROW, poles and ductlconduitlinnerduct. 10.8.3.2 Field Verification Fee/Access Agreement Preparation Fee. In the case of poles and ductinnerduct, the Field Verification Fee is a non-refundable pre-paid charge which recovers the estimated actual costs for a field survey verification required for a route and to determine scope of any required Make-Ready work. Separate Field Verification Fees apply for poles and manholes. In the case of ROW, the Access Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 269- Section 10 Ancilary Services estimated actual costs for preparation of the Access Agreement for each ROW requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be biled in advance. 10.8.3.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up) charge which recovers the cost of necessary work required to make the requested facilty/ROW available for access. For innerduct, this could include, but is not limited to, the placing of innerduct in conduitlduct systems or core drillng of manholes. For pole attachment requests, this could include, but is not limited to, the replacement of poles to meet required clearances over roads or land. For ROW, this Make-Ready could include, but is not limited to, personnel time, including attorney time. With respect to ROW, Make- Ready work refers to legal or other investigation or analysis arising out of CLEC's failure to comply with the process described in Exhibit 0 for ROW, or other circumstances giving rise to such work beyond the simple preparation of one or more Access Agreements. The estimated pre-paid fee shall be biled in advance. 10.8.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the occupancy, including during any Make-Ready period, of one (1) foot of pole space (except for antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC requests that it be semi-annual. 10.8.3.5 Innerduct Occupancy Fee. A pre-paid fee which is charged for the occupancy, including during any Make-Ready period, of an innerduct on a per foot basis. This fee shall be annual unless CLEC requests that it be semi-annual. 10.8.3.6 Access Agreement Consideration. A pre-paid fee which constitutes consideration for conveying access to the ROW to CLEC. This fee shall be a one-time (Le. nonrecurring) fee. 10.8.4 Ordering There are two (2) steps required before placing an Order for access to ROW, Ductlnnerduct and Pole Attachment: Inquiry Review and Field Verification. 10.8.4.1 Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole Attachment or Ductlnnerduct Occupancy, Owest wil provide CLEC with Exhibit D. CLEC wil review the documents and provide Owest with maps of the desired area indicating the routes and entrance points for proposed attachment, proposed occupancy or proposed CLEC construction on Owest owned or controlled poles, ductinnerduct and ROW as well as the street addresses of any multi-unit buildings upon or through which CLEC proposes construction on ROW owned or controlled by Owest. CLEC wil include the appropriate Inquiry Fee with a completed Attachment 1.A from Exhibit D. 10.8.4.1.1 Inquiry Review - DuctlConduitlnnerduct. Owest wil complete the database inquiry and prepare a ductconduit structure diagram (referred to as a "Flatline") which shows distances and access points (such as manholes). Along with the Flatline wil be estimated costs for field verification of available facilties. These materials wil be provided to the CLEC within ten (10) calendar days or within the time frames of the applicable federal or state law, rule or regulation. 10.8.4.1.2 Inquiry Review - Poles. Owest wil provide the name and contact Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 270- Section 10 Ancilary Services number for the appropriate local field engineer for joint validation of the poles and route and estimated costs for field verification on Attachment 1.8 of Exhibit D within ten (10) calendar days of the request. 10.8.4.1.3 Inquiry Review - ROW. Owest shall, upon request of CLEC, provide the ROW matrix, the MDU matrix and a copy of all publicly recorded agreements listed in those matrices to CLEC within ten (10) days of the request. Owest will provide to CLEC a copy of agreements listed in the matrices that have not been publicly recorded if CLEC obtains authorization for such disclosure from the third party owner(s) of the real propert at issue by an executed version of the Consent to Disclosure form, which is included in Exhibit D, Attachment 4. Owest may redact all dollar figures from copies of agreements listed in the matrices that have not been publicly recorded that Owest provides to CLEC. Any dispute over whether terms have been redacted appropriately shall be resolved pursuant to the dispute resolution procedures set forth in this Agreement. Alternatively, in order to secure any agreement that has not been publicly recorded, a CLEC may provide a legally binding and satisfactory agreement to indemnify Owest in the event of any legal action arising out of Owests provision of such agreement to CLEC. In that event, CLEC shall not be required to provide an executed Consent to Disclosure form. Owest makes no warranties concerning the accuracy of the information provided to CLEC; CLEC expressly acknowledges that Owests files contain only the original ROW instruments, and that the current owner(s) of the fee estate may not be the part identified in the document provided by Owest. 10.8.4.2 Field Verification - Poles Duct/lnnerduct and Access Agreement Preparation (ROW). CLEC wil review the inquiry results and determine whether to proceed with field verification for poles/ducts or Access Agreement preparation for ROW. If field verification or Access Agreement preparation is desired, CLEC wil sign and return Attachment 1.8 of Exhibit D along with a check for the relevant verification fee (Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access Agreement as consideration for the Access Agreement. Upon payment of the relevant fee and Access Agreement consideration, if applicable, Owest wil provide, as applicable: depending on whether the request is for ductinnerductconduit, ROW or poles: (a) in the case of innerductductconduit, a field survey and site investigation of the innerductductconduit, including the preparation of distances and drawings, to determine availability of existing innerductduct/conduit; identification of Make-Ready costs required to provide space; the schedule in which the Make-Ready work wil be completed; and, the annual recurring prices associated with the attachment of facilties; (b) in the case of ROW, the completed Access Agreement(s), executed and acknowledged by Owest. Upon completion of the Access Agreement(s) by CLEC, in accordance with the instructions, terms and conditions set forth in Exhibit D, the Access Agreement becomes effective to convey the interest identified in the Access Agreement (if any). Any dispute regarding whether a legal agreement conveys a ROW shall be resolved between CLEC and the relevant third part or parties, and such disputes shall not involve Owest; and/or (c) In the case of poles, estimates of Make-Ready costs and the annual recurring prices associated with the attachment of facilities shall be provided on Attachment 2 of Exhibit D and shall be completed not later than fort-five (45) calendar days after CLEC's submission of the inquiry request. Make-ready time, if any, and CLEC review time, is not part of the fort-five (45) day intervaL. The Attachment 2 quotation shall be valid for ninety (90) calendar days. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 271- Section 10 Ancilary Services 10.8.4.2.1 CLEC-Performed Field Verification. At the option of CLEC, it may perform its own field verification (in lieu of Qwest performing same) with the following stipulations: 1) Verifications wil be conducted by a Qwest approved contractor; 2) A Qwest contractor will monitor the activity of CLEC contractor and a current labor rate wil be charged to CLEC; 3) CLEC will provide Qwest with a legible copy of manhole butterfly drawings that reflect necessary Make- Ready effort; and 4) Qwest wil use CLEC-provided butterfly drawings and documentation to check against existing jobs and provide a final field report of available ductlinnerduct. CLEe will be charged standard rates for Tactical Planner time. 10.8.4.3 Order - Poles and Ductlnnerduct. The review, signing and return of Attachment 2 of the General Information Document along with payment of the Make- Ready and prorated recurring access charges for the current relevant period (annual or semi-annual) shall be accepted as an Order for the attachment or occupancy. Upon receipt of the accepted Order from CLEC and applicable payment for the fees identified, Qwest will assign the requested space and commence any Make-Ready work which may be required. Qwest wil notif CLEC when poles/ductlinnerduct are ready. 10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make- Ready costs. 10.8.4.4.1 If Qwest requests, CLEC wil be responsible for payment of the actual Make-Ready costs determined if such costs exceed the estimate. Such payment shall be made within thirt (30) days of receipt of an invoice for the costs that exceed the estimate. 10.8.4.4.2 Within fifeen (15) business days of a request, Qwest wil provide CLEC copies of records reflecting actual cost of Make-Ready work; provided, however, that, if Qwest does not possess all such records at the time of the request, then Qwest wil provide copies of such records within fifeen (15) business days of receipt of such records. CLEC must request such records, if at all, within sixt (60) calendar days after written notification of the completion of the Make-Ready work. 10.8.4.4.3 If the actual Make-Ready costs are less than the estimate, an appropriate credit for the diference wil be issued upon request. Such request must be received within sixty (60) calendar days following CLEC's receipt of copies of records if CLEC has requested records under this paragraph, or within sixt (60) calendar days after written notification of the completion of Make- Ready work if CLEC has not requested records under this paragraph. Such credit will issue within ten (10) business days of Qwests receipt of either all records related to such actual costs or CLEC's request for credit, whichever comes last, but in no event later than ninety (90) calendar days following the request for credit. 10.8.4.4.4 If CLEC cancels or if, due to circumstances unforeseen during inquiry/verification, Qwest denies the request for poles, ducts or ROW, upon CLEC request, Qwest wil also refund the diference between the actual Make- Ready costs incurred and those prepaid by CLEC, if any. Such request must be made within thirt (30) calendar days of CLEC's receipt of written denial or Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -272- Section 10 Ancilary Services 10.8.5 notification of cancellation. Any such refund shall be made within ten (10) business days of either receipt of CLEC's request or Qwests receipt of all records relating to- the actual costs, whichever comes last, but in no event later than ninety (90) calendar days following the deniaL. Biling CLEC agrees to pay the following fees in advance as specified in Exhibit A: Inquiry Fee, Field Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee, Pole Attachment Fee, Ductllnnerduct Occupancy Fee and Access Agreement Consideration. Make-Ready Fees wil be computed in compliance with applicable local, state and federal guidelines. Usage fees for poleslductinnerduct (Le., Pole Attachment Fee and Ductlnnerduct Occupancy Fee) wil be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual usage fees . for poles/ductinnerduct wil be assessed as of January 1 of each year. Semi-annual usage fees for poles/ductinnerduct will be assessed as of January 1 and July 1 of each year. All fees shall be paid within thirt (30) days following receipt of invoices. All fees are not refundable except as expressly provided herein. 10.8.6 Maintenance and Repair In the event of any service outage affecting both Qwest and CLEC, repairs shall be effectuated on a non-discriminatory basis as established by local, state or federal requirements. Where such requirements do not exist, repairs shall be made in the following order: electrical, telephone (EAS/local), telephone (long distance), and cable television, or as mutually agreed to by the users of the affected poles/ductinnerduct. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -273- Section 11 Network Security Section 11.0 - NETWORK SECURITY 11.1 Protection of Service and .Propert. Each Part shall exercise the same degree of care to prevent harm or damage to the other Part and any third parties, its employees, agents or End User Customers, or their propert as it employs to protect its own personnel, End User Customers and property, etc. 11.2 Each Part is responsible to provide securit and privacy of communications. This entails protecting the confidential nature of Telecommunications transmissions between End User Customers during technician work operations and at all times. Specifically, no employee, agent or representative shall monitor any circuits except as required to repair or provide service of any End User Customer at any time. Nor shall an employee, agent or representative disclose the nature of overheard conversations, or who participated in such communications or even that . such communication has taken place. Violation of such security may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible for covering its employees on such security requirements and penalties. 11.3 The Parties' Telecommunications networks are part of the national security network, and as such, are protected by federal law. Deliberate sabotage or disablement of any portion of the underlying equipment used to provide the network is a violation of federal statutes with severe penalties, especially in times of national emergency or state of war. The Parties are responsible for covering their employees on such security requirements and penalties. 11.4 Qwest and CLEC share responsibilit for security and network protection for each Collocation arrangement. Each Part'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 writen permission constitutes theft and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either rollng or track, which CLEC may use in the course of work operations. Qwest assumes no liability to CLEC, its agents, employees or representatives, if CLEC uses a Qwest ladder available in the Wire Center. 11.5 Each Part is responsible for the physical security of its employees, agents or representatives. Providing safety glasses, gloves, etc. must be done by the respective employing Part. Hazards handling and safety procedures relative to the Telecommunications environment is the training responsibility of the employing Part. Proper use of tools, ladders, and test gear is the training responsibility of the employing Part. 11.6 In the event that one Part's employees, agents or representatives inadvertently damage or impair the equipment of the other Party, prompt notification will be giveri to the damaged Part by verbal notification between the Parties' technicians at the site or by telephone to each Part's 24 x 7 security numbers. 11.7 Each Part shall comply at all times with Qwest security and safety procedures and requirements while performing work activities on Qwests Premises. 11.8 Qwest wil allow CLEC to inspect or observe spaces which house or contain CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys, entry codes, lock combinations, or other materials or information which may be needed to gain entry into any secured CLEC space, in a manner consistent with that used by Qwest. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -274- Section 11 Network Security 11.9 Qwest will limit the keys used in its keying systems for enclosed collocated spaces which contain or house CLEC equipment or equipment enclosures to its employees and representatives to emergency access only. CLEC shall further have the right to change locks where deemed necessary for the protection and security of such spaces. 11.10 Keys may entail either metallc keys or combination electronic ID/key cards. It is solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel and recover keys and electronic ID/keys promptly from discharged personnel, such that office security is always maintained. Qwest has similar responsibilty for its employees. 11.11 CLEC wil train its employees, agents and vendors on Qwest security policies and guidelines. . 11.12 When working on Qwest ICDF Frames or in Qwests common or CLEC equipment line- ups, Qwest and CLEC employees, agents and vendors agree to adhere to Qwest quality and performance standards provided by Qwest and as specified in this Agreement. 11.13 CLEC shall report all material losses to Qwest Security. All securit incidents are to be referred directly to local Qwest Security - 1-888-879-7328. In cases of emergency, CLEC shall call 911 and 1-888-879-7328. 11 .14 Qwest and CLEC employees, agents and vendors wil display the identification/access card above the waist and visible at all times. 11.15 Qwest and CLEC 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. 11.16 Qwest and CLEC employees, agents and vendors wil secure and lock all doors and gates. 11.17 CLEC wil report to Qwest all propert and equipment losses immediately, any lost cards or keys, vandalism, unsecured conditions, securit violations, anyone who is unauthorized to be in the work area or is not wearing the Qwest identification/access card. 11.18 Qwest and CLEC's 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 rollng ladders, not blocking doors open, providing safety straps and cones in installation areas, using electrostatic discharge protection, and exercising good housekeeping. 11.19 Smoking is not allowed in Qwest buildings, Wire Centers, or other Qwest facilities. No open flames shall be permited 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 CLEC employee, agent or vendor to denial of unescorted access. Qwest shall provide written notice within five (5) calendar Days of a CLEC violation of this provision to CLEC 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. CLEC wil have five (5) Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -275- Section 11 Network Security calendar Days to remedy any such violation for which it has received notice from Qwest. In the event that CLEC fails to remedy any such violation of which it has received notice within such five (5) calendar Days following receipt of such notice, CLEC shall be denied unescorted access to the affected Premises. In the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision, CLEC may pursue immediate resolution by expedited Dispute Resolution. 11.20 No flammable or explosive fluids or materials are to be kept or used anywhere within the Qwest buildings or on the grounds. 11.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest property are subject to this restriction as welL. . 11.22 Except as otherwise provided in this SGAT, CLEC's employees, agents or vendors may not make any modifications, alterations, additions or repairs to any space within the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC its employees or agents from performing modifications, alterations, additions or repairs to its own. equipment or facilities. 11.23 Qwest employees may request CLEC'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. CLEC 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, CLEC equipment or CLEC services within the facilty to Qwest Service Assurance (800-713-3666) and the reported work activity wil be immediately stopped until the situation is remedied. In 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 Part shall provide immediate notice of the non-compliant work activity to the non- compliant Part 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. If such non-compliant work activities pose an immediate threat to the safety of the other Part's employees, interference with the performance of the other Part's service obligations, or pose an immediate threat to the physical integrity of the other Part's facilities, the compliant Part may perform such work and/or take action as is necessary to correct the condition at the non-compliant Party's expense. In the event the non-compliant Part disputes any action the compliant Part seeks to take or has taken pursuant to this provision, the non- compliant Part may pursue immediate resolution by expedited Dispute Resolution. If the non- compliant Part 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 Part fails to take all appropriate steps to correct as soon as reasonably possible, the compliant Part may pursue immediate resolution by expedited Dispute Resolution. 11.24 Qwest is not liable for any damage, theft or personal injury resulting from CLEC's employees, agents or vendors parking in a Qwest parking area. 11.25 CLEC's employees, agents or vendors outside the designated CLEC access area or without proper identification wil be asked to vacate the Premises and Qwest securit may be notified. Continued violations may result in termination of access privileges. Qwest shall Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 276- Section 11 Network Security provide immediate notice of the securit violation to CLEC 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. CLEC wil have five (5) calendar Days to remedy any such alleged security violation before any termination of access privileges for such individuaL. In the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision, CLEC may pursue immediate resolution by expedited or other Dispute Resolution. 11.26 Building related problems may be referred to the Qwest Work Environment Centers: 800-879-3499 (CO, WY, AZ, NM) 800-201-7033 (all other Qwest states) . 11.27 CLEC wil submit a Qwest Collocation Access Application form for individuals needing to access Qwest facilties. CLEC and Qwest wil meet to review applications and security requirements. 11.28 CLEC employees, agents and vendors wil utilize only corridors, stairways and elevators that provide direct access to CLEC's space or the nearest restroom facility. Such access wil be covered in orientation meetings. Access shall not be permited to any other portions of the building. 11 .29 CLEC wil collect identification/access cards for any employees, agents or vendors no longer working on behalf of CLEC and forward them to Qwest Securit. If cards or keys cannot be collected, CLEC wil immediately notify Qwest at 800-210-8169. 11.30 CLEC wil 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 (24) hours a Day. 11.31 Qwest and CLEC employees, agents and vendors wil notify Qwest Service Assurance (800-713-3666) prior to gaining access into a Central Ofice after hours, for the purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00 a.m. to 5:00 p.m. 11.32 CLEC wil notify Qwest if CLEC 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 securit of facilities or personneL. 11.33 CLEC wil supply to Qwest Securit, and keep up to date, a list of its employees, agents and vendors who require access to CLEC's space. The list wil include names and social security numbers. Names of employees, agents or vendors to be added to the list wil be provided to Qwest Security, who wil provide it to the appropriate Qwest personneL. 11.34 Revenue Protection. Qwest shall make available to CLEC 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 L1DB Fraud monitoring systems. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -277- Section 11 Network Security 11.34.1 Uncollectable or unbilable revenues resulting from, but not confined to, Provisioning, maintenance, or signal network routing errors shall be the responsibilty of the Part causing such error or malicious acts, if such malicious acts could have reasonably been avoided. 11.34.2 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 Part having administrative control of access to said Network Element or operational support system software. 11.34.3 Qwest shall be responsible for any direct uncollectible or unbilable revenues resulting from the unauthorized physical attachment to Loop facilities from the Main Distribution Frame up to and including the Network Interface Device, including clip- on fraud, if Qwest could have reasonably prevented such fraud. 11.34.4 To the extent that incremental costs are directly attributable to a revenue protection capabilty requested by CLEC, those costs wil be borne by CLEC. 11.34.5 To the extent that either Part is liable to any toll provider for fraud and to the extent that either Part could have reasonably prevented such fraud, the Part who could have reasonably prevented such fraud must indemnif the other for any fraud due to compromise of its network (e.g., clip-on, missing information digits, missing toll restriction, etc.). 11.34.6 If Qwest becomes aware of potential fraud with respect to CLEC's accounts, Qwest wil promptly inform CLEC and, and the direction of CLEC, take reasonable action to mitigate the fraud where such action is possible. 11.35 Law Enforcement Interface. Qwest provides emergency assistance to 911 centers and law enforcement agencies seven (7) Days a weeklenty-four (24) hours a Day. Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-progress trace requests; establishing emergency trace equipment, release of information from an emergency trap/trace or *57 trace; requests for emergency subscriber information; assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb threats, extortion/scams, runaways and life threats. 11.36 Qwest provides trap/trace, pen register and Title II assistance directly to law enforcement, if such assistance is directed by a court order. This servce is provided during normal business hours, Monday through Friday. Exceptions are addressed in the above paragraph. The charges for these services will be biled directly to the law enforcement agency, without involvement of CLEC, for any lines served from Qwest Wire Centers or cross boxes. 11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross boxes, whether the line isa resold line or part of an Unbundled Local Switching or Unbundled Loop element, Qwest wil perform trapltrace Title II and pen register assistance directly with law enforcement. CLEC wil not be involved or notified of such actions, due to non-disclosure court order considerations, as well as timely response duties when law enforcement agencies are involved. Exceptions to the above wil be those cases, as yet undetermined, where CLEC must participate due to technical reasons wherein its circuitry must be accessed or modified to comply with law enforcement, or for legal reasons that may evolve over time. CLEC wil provide Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -278- Section 11 Network Security Qwest with a twenty-four (24) hour a Day, seven (7) Days a week contact for processing such requests, should they occur. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -279- Section 12 Access to Operational Support Systems (OSS) Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) 12.1 Description 12.1 .1 Qwest has developed and shall continue to provide Operational Support System (OSS) interfaces using electronic gateways and manual processes. These gateways act as a mediation or control point between CLEC's and Qwests OSS. These gateways provide security for the interfaces, protecting the integrity of the Qwest OSS and databases. Qwests OSS interfaces have been developed to support Pre-ordering, Ordering and Provisioning, Maintenance and Repair and Biling. This section describes the interfaces and manual processes that Qwest has developed and shall provide to CLEC. Additional technical information and details shall be provided by Qwest in training sessions and documentation, such as the "Interconnect Mediated Access User's Guide." Qwest wil continue to make . improvements to the electronic interfaces as technology evolves, Qwests legacy systems improve, or CLEC needs require. Qwest shall provide notification to CLEC consistent with the provisions of the Change Management Process (CMP) set forth in Section 12.2.6. 12,1.2 Through its electronic gateways and manual processes, Qwest shall provide CLEC non-discriminatory access to Qwests OSS for Pre-ordering, Ordering and Provisioning, Maintenance and Repair, and Billng functions. For those functions with a retail analogue, such as pre-ordering and ordering and Provisioning of resold services, Qwest shall provide CLEC access to its OSS in substantially the same time and manner as it provides to itself. For those functions with no retail analogue, such as pre-ordering and ordering and Provisioning of Unbundled Elements, Qwest shall provide CLEC access to Qwests OSS sufficient to allow an efficient competitor a meaningful opportunity to compete. Qwest wil comply with the standards for access to OSS set forth in Section 20. Qwest shall deploy the necessary systems and personnel to provide sufficient access to each of the necessary OSS functions. Qwest shall provide assistance for CLEC to understand how to implement and use all of the available OSS functions. Qwest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC equivalent access to all of the necessary OSS functions. Through its website, training, disclosure documentation and development assistance, Qwest shall disclose to CLEC any internal business rules and other formatting information necessary to ensure that CLEC's requests and orders are processed efficiently. Qwest shall provide training to enable CLEC to devise its own course work for its own employees. Through its documentation available to CLEC, Qwest wil identify how its interface differs from national guidelines or standards. Qwest shall provide OSS designed to accommodate both current demand and reasonably foreseeable demand. 12.2 OSS Support for Pre-Ordering, Ordering and Provisioning 12.2.1 Local Service Request (LSR) Ordering Process 12.2.1.1 Qwest shall provide electronic interface gateways for submission of LSRs, including both an Electronic Data Interchange (EDI) interface and a Graphical User Interface (GUI). 12.2.1.2 The interface guidelines for EDI are based upon the Order & Billng Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication Industry Forum (TCIF) Customer Service Guidelines; and the American National Standards Institute/Accredited Standards Committee (ANSI ASC) X12 protocols. Exceptions to the Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 -280- Section 12 Access to Operational Support Systems (OSS) above guidelines shall be specified in the EDI disclosure documents. 12.2.1.3 The GUI shall provide a single interface for Pre-Order and Order transactions from CLEC to Qwest and is browser based. The GUI interface shall be based on the LSOG and utilzes a WEB standard technology, Hyper Text Markup Language (HTML), JAVA and the Transmission Control Protocol/Internet Protocol (TCP/IP) to transmit messages. 12.2.1.4 Functions Pre Ordering - Qwest wil provide real time, electronic access to pre-order functions to support CLEC's ordering via the electronic interfaces described herein. Qwest will make the following real time pre-order functions available to CLEC: 12.2.1.4.1 Features, services and Primary Interexchange Carrier (PIC) options for IntraLATA toll and InterLATA toll available at a valid service address; 12.2.1.4.2 Access to Customer Service Records (CSRs) for Qwest retail or resale End User Customers. The information wil include Biling name, service address, Billng address, service and feature subscription, Directory Listing information, and long distance Carrier identity; 12.2.1.4.3 Telephone number request and selection; 12.2.1.4.4 Reservation of appointments for service installations requiring the dispatch of a Qwest technician on a non-discriminatory basis; 12.2.1.4.5 Information regarding whether dispatch is required for service installation and available installation appointments 12.2.1.4.6 Service address verification; 12.2.1.4.7 Facility availability, Loop qualification, including resale-DSL, and Loop make-up information, including, but not limited to, Loop length, presence of Bridged Taps, repeaters, and loading coils. This Section 12.2.1.4.1.7 shall apply only to CLEC orders for Unbundled Loops or Loop combinations. 12.2.1.4.8 A list of valid available CFAs for Unbundled Loops. 12.2.1.4.9 A list of one to five (1-5) individual Meet Points or a range of Meet Points for shared Loops. 12.2.1.5 Dial-Up Capabilties 12.2.1.5.1 Reserved for Future Use. 12.2.1.5.2 Reserved for Future Use. 12.2.1.5.3 When CLEC requests from Qwest more than fif (50) SecurlDs for use by CLEC Customer service representatives at a single CLEC location, CLEC shall use a T1 line instead of dial-up access at that location. If CLEC is obtaining the line from Qwest, then CLEC shall be able to use SECURIDs until such time as Qwest provisions the T1 line and the line permits pre-order and Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 281- Section 12 Access to Operational Support Systems (aSS) order information to be exchanged between Qwest and CLEC. 12.2.1.6 Access Service Request (ASR) Ordering Process 12.2.1.6.1 Qwest shall provide a computer-to-computer batch file interface for submission of ASRs based upon the OBF Access Service Order Guidelines (ASOG). Qwest shall supply exceptions to these guidelines in writing in suficient time for CLEC to adjust system requirements. 12.2.1.7 Facilty Based EDI Listing Process 12.2.1.7.1 Qwest shall provide a Facilty Based EDI Listing interface to enable CLEC listing data to be translated and passed into the Qwest listing database. This interface is based upon OBF LSOG and ANSI ASC X12 standards. Qwest shall supply exceptions to these guidelines in writing in sufficient time for CLEC to adjust system requirements. 12.2.1.8 Qwest wil establish interface contingency plans and disaster recovery plans for the interfaces described in this Section. Qwest wil work cooperatively with CLECs through the CMP process to consider any suggestions made by CLECs to improve or modify such plans. CLEC specific requests for modifications to such plans wil be negotiated and mutually agreed upon between Qwest and CLEC. 12.2.1.9 Ordering and Provisioning - Qwest wil provide access to ordering and status functions. CLEC wil populate the service request to identify what features, services, or elements it wishes Qwest to provision in accordance with Qwests published business rules. 12.2.1.9.1 Qwest shall provide all Provisioning services to CLEC during the same business hours that Qwest provisions services for its End User Customers. Qwest wil provide out-of-hours Provisioning services to CLEC on a non- discriminatory basis as it provides such Provisioning services to itself, its End User Customers, its Affiliates or any other Part. Qwest shall disclose the business rules regarding out-of-hours Provisioning on its wholesale website. 12.2.1.9.2 When CLEC places an electronic order, Qwest wil provide CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC wil follow industry-standard formats and contain the Qwest Due Date for order completion. Upon completion of the order, Qwest wil provide CLEC with an electronic completion notice which follows industry-standard formats and which states when the order was completed. 12.2.1.9.3 When CLEC places a manual order, Qwest wil provide CLEC with a manual Firm Order Confirmation notice. The confirmation notice wil follow industry-standard formats. Upon completion of the order, Qwest wil provide CLEC with a completion notice which follows industry-standard formats and which states when the order was completed. 12.2.1.9.4 When CLEC places an electronic order, Qwest shall provide notification electronically of any instances when (1) Qwests Commited Due Dates are in jeopardy of not being met by Qwest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 20. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 282- Section 12 Access to Operational Support Systems (OSS) 12.2.1.9.5 When CLEC places a manual order, Owest shall provide notification of any instances when (1) Owests Committed Due Dates are in jeopardy of not being met by Owest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 20. 12.2.1.9.6 Business rules regarding rejection of LSRs or ASRs are subject to the provisions of Section 12.2.6. 12.2.1.9.7 Where Owest provides installation on behalf of CLEC, Owest shall advise the CLEC End User Customer to notify CLEC immediately if the CLEC End User Customer requests a service change at the time of installation. 12.2.1.10 Reserved for Future Use. 12.2.2 Maintenance and Repair 12.2.2.1 Owest shall provide electronic interface gateways, including an Electronic Bonding interface and a GUI interface, for reviewing a Customers trouble history at a specific location, conducting testing of a Customer's service where applicable, and reporting trouble to facilitate the exchange of updated information and progress reports between Owest and CLEC while the Trouble Report (TR) is open and a Owest technician is working on the resolution. CLEC may also report trouble through manual processes. For designed services, the TR will not be closed prior to verification by CLEC that trouble is cleared. 12.2.3 Interface Availabilty 12.2.3.1 Owest shall make its ass interfaces available to CLECs during the hours listed in the Gateway Availabilit PIDs in Section 20. 12.2.3.2 Owest shall notify CLECs in a timely manner regarding system downtime through mass email distribution and pop-up windows in the IMA GUI. 12.2.3.3.Reserved for Future Use. 12.2.4 Biling 12.2.4.1 For products biled out of the Owest Interexchange Access Billng System (lABS), Owest wil utilize the existing CABS/BaS format and technology for the transmission of bills. 12.2.4.2 For products biled out of the Owest Customer Record Information System (CRIS), Owest wil utilze the existing EDI standard for the transmission of monthly local Biling information. EDI is an established standard under the auspices of the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically for the purposes of Telecommunications Biling. Any deviance from these standards and guidelines shall be documented and accessible to CLEC. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 - 283- Section 12 Access to Operational Support Systems (OSS) 12.2.5 Outputs Output information wil be provided to CLEC in the form of bils, files, and reports. Bils wil capture all regular monthly and incrementaVusage charges and present them in a summarized format. The files and reports delivered to CLEC come in the following categories: Usage Record File Line Usage Information Loss and Completion Order Information Category 11 Facility Based Line Usage Information SAG/FAM Street Address/Facility Availabilit Information 12.2.5.1 Bills 12.2.5.1.1 CRIS Summary Bil - The CRIS Summary Bil represents a monthly summary of charges for most wholesale products sold by Qwest. This bil includes a total of all charges by entity plus a summary of current charges and adjustments on each sub-account. Individual sub-accounts are provided as Billng detail and contain monthly, one-time charges and incrementaVcall detail information. The Summary Bil provides one bil and one payment document for CLEC. These bils are segmented by state and bil cycle. The number of bils received by CLEC is dictated by the product ordered and the Qwest region in which CLEC is operating. 12.2.5.1.2 lABS Bil - The lABS Bil represents a monthly summary of charges. This bil includes monthly and one-time charges plus a summary of any usage charges. These bils are segmented by product, LATA, Biling account number (BAN) and bil cycle. 12.2.5.2 Files and Reports 12.2.5.2.1 Daily Usage Record File provides the accumulated set of call information for a given Day as captured or recorded by the network Switches. This file wil be transmitted Monday through Friday, excluding Qwest holidays. This information is a file of unrated Qwest originated usage messages and rated CLEC originated usage messages. It is provided in ATIS standard (Electronic Message Interface) EMI format. This EMI format is outlined in the document SR- 320; which can be obtained directly from ATIS. The Daily Usage Record File contains multi-state data for the Data Processing Center generating this information. Individual state identification information is contained with the message detaiL. Qwest wil provide this data to CLEC with the same level of precision and accuracy it provides itself. This file wil be provided for the following list of products: a) b) Resale; and Unbundled Switch Port. 12.2.5.2.2 The charge for this Daily Usage Record File is contained in Exhibit Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 284- Section 12 Access to Operational Support Systems (OSS) A of this Agreement. 12.2.5.2.3 Routing of in-region IntraLATA Collect, Callng Card, and Third Number Biled Messages - Qwest wil distribute in-region IntraLATA collect, callng card, and third number biled messages to CLEC and exchange with other CLECs operating in region in a manner consistent with existing inter-company processing agreements. Whenever the daily usage information is transmitted to a Carrier, it wil contain these records for these types of calls as well. 12.2.5.2.4 Loss Report provides CLEC with a daily report that contains a list of accounts that have had lines and/or services disconnected. This may indicate that the End User Customer has changed CLECs or removed services from an existing account. This report also details the order number, service name and address, and date this change was made. Individual reports wil be provided for the following list of products: a) Interim Number Portabilit; b) Resale; c) Unbundled Loop; d) Unbundled Line Side Switch Port; and e) UNE-P for POTS. 12.2.5.2.5 Completion Report provides CLEC with a daily report. This report is used to advise CLEC that the order(s) for the service(s) requested is complete. It details the order number, service name and address and date this change was completed. Individual reports wil be provided for the following list of products: a) Interim Number Portability; b) Resale; c) Unbundled Loop; d) Unbundled Line Side Switch; and e) UNE-P for POTS. 12.2.5.2.6 Category 11 Records are Exchange Message Records (EMR) which provide mechanized record formats that can be used to exchange access usage information between Qwest and CLEC. Category 1101 series records are used to exchange detailed access usage information. 12.2.5.2.7 Category 1150 series records are used to exchange summarized Meet Point Biled access minutes-of-use. Qwest wil post the transmission method/media types available for these mechanized records on its website. 12.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)1 FAM Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 -285- Section 12 Access to Operational Support Systems (OSS) (Features Availabilty Matrix) files contain the following information: a) SAG provides Address and Serving Central Office Information. b) FAM provides USOCs and descriptions by state (POTS services only), and USOC availability by NPA-NXX with the exception of Centrex. InterLATAllntraLATA carriers by NPA-NXX. These files are made available via a download process. They can be retrieved by ftp (file transfer protocol), NDM connectivity, or a Web browser. 12.2.6 Change Management Qwest agrees to maintain a change management process, known as the Change Management Process (CMP), that is consistent with industry guidelines, standards and practices to address ass, products and processes. The CMP shall include, but not be limited to, the following: (i) provide a forum for CLEC and Qwest to discuss CLEC and Qwest change requests (CR), release notifications (RN), systems release life cycles, and communications; (ii) provide a forum for CLECs as an industry to discuss and prioritize CRs; (iii) develop a mechanism to track and monitor CRs and RNs; and (iv) establish intervals where appropriate in the process. Pursuant to the procedures set forth in Exhibit G, Qwest wil submit to CLECs through the CMP of modifications to the structure of existing products and product and technical documentation available to CLECs, introduction of new products available to CLECs, discontinuance of products available to CLECs, modifications to pre-ordering, ordering/Provisioning, maintenance/repair or Billng processes which change CLEC operating procedures, introduction of pre-ordering, ordering/Provisioning, Maintenance/Repair or Billng processes which change CLEC operating procedures, discontinuance of pre-ordering, ordering/Provisioning, maintenance/repair or Billng processes which change CLEC operating procedures, modifications to existing ass interfaces, introduction of new ass interfaces, and retirement of existing ass interfaces. Qwest wil maintain an escalation process so that CMP issues can be escalated to a Qwest representative authorized to make a final decision and a process for resolution of disputes. The governing document for CMP, known as the Change Management Process" is attached as Exhibit G. As of the date of filing, the CMP document (Exhibit G) is the subject of ongoing negotiations between Qwest and CLECs in the ongoing CMP redesign process. Not all of the sections of Exhibit G have been discussed or considered during the ongoing CMP redesign process, and the CMP document wil be continue to be changed through those discussions. Exhibit G reflects the commitments Qwest has made regarding maintaining its CMP as of the date of filng, and Qwest commits to implement agreements made in the CMP redesign process as soon as practicable after they are made. Following the completion .of the CMP, Exhibit G wil be subject to change through the CMP process. Qwest wil maintain the most current version of the CMP document on its wholesale website. 12.2.6.1 In the course of establishing operational ready system interfaces between Qwest and CLEC to support local service delivery, CLEC and Qwest may need to define and implement system interface specifications that are supplemental to existing standards. CLEC and Qwest wil submit such specifications to the appropriate standards commitee and wil work towards their acceptance as standards. 12.2.6.2 Exhibit G. Release updates wil be implemented pursuant to the CMP set forth in Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 -286- Section 12 Access to Operational Support Systems (OSS) 12.2.7 CLEC Responsibilties for Implementation of OSS Interfaces 12.2.7.1 Before any-CLEC implementation can begin, CLEC must completely and accurately answer the CLEC Questionnaire as required in Section 3.2. 12.2.7.2 Once Qwest receives a complete and accurate CLEC Questionnaire, Qwest and CLEC wil mutually agree upon time frames for implementation of connectivity between CLEC and the OSS interfaces. 12.2.8 Qwest Responsibilties for On-going Support for OSS Interfaces Qwest wil support previous EDI releases for six (6) months after the next subsequent EDI release has been deployed, 12.2.8.1 release. Qwest wil provide written notice to CLEC of the need to migrate to a new 12.2.8:2 Qwest wil provide an EDllmplementation Coordinator to work with CLEC for business scenario re-certification, migration and data conversion strategy definition. 12.2.8.3 Re-certification is the process by which CLECs demonstrate the abilit to generate correct functional enhancements not previously certified. Qwest wil provide the suite of tests for re-certification to CLEC with the issuance of the disclosure document. 12.2.8.4 Qwest shall provide training mechanisms for CLEC to pursue in educating its internal personneL. Qwest shall provide training necessary for CLEC to use Qwests OSS interfaces and to understand Qwests documentation, including Qwests business rules. 12.2.9 CLEC Responsibilties for On-going Support for OSS Interfaces 12.2.9.1 If using the GUI interface, CLEC wil take reasonable efforts to train CLEC personnel on the GUI functions that CLEC wil be using. 12.2.9.2 An exchange protocol wil be used to transport EDI formatted content. CLEC must perform certification testing of exchange protocol prior to using the EDI interface. 12.2.9.3 Qwest wil provide CLEC with access to a stable testing environment that mirrors production to certify that its OSS wil be capable of interacting smoothly and efficiently with Qwests OSS. Qwest has established the following test processes to assure the implementation of a solid interface between Qwest and CLEC: 12.2.9.3.1 Connectivit Testing - CLEC and Qwest wil conduct connectivity testing. This test wil establish the ability of the trading partners to send and receive EDI messages effectively. This test verifies the communications between the trading partners. Connectivity is established during each phase of the implementation cycle. This test is also conducted prior to Controlled Production and before going live in the production environment if CLEC or Qwest has implemented environment changes when moving into production. Qwest Idaho SGAT - Second Revision, December 10, 2001 1125/02lHAH for LHIXO Idaho/CDS-020124-0083 -287- Section 12 Access to Operational Support Systems (OSS) 12.2.9.3.2 Stand-Alone Testing Environment (SATE) - Owest has developed a stand-alone testing environment to take pre-order and order requests, pass them to the stand-alone database, and return responses to CLEC during its development and implementation of ED!. SATE provides CLEC the opportunity to validate its technical development efforts built via Owest documentation without the need to schedule test times. This testing verifies CLEC's ability to send correctly formatted EDI transactions through the EDI system edits successfully for both new and existing releases. SATE uses test account data supplied by Owest. Owest wil make additions to the test beds and test accounts as it introduces new ess electronic interface capabilities, including support of new products and services, new interface features, and functionalities. All SATE pre-order queries and orders are subjected to the same edits as production pre- order and order transactions. This testing phase is optionaL. 12.2.9.3.3 Interoperabilty Testing - CLEC has the option of participating with Owest in interoperability testing to provide CLEC with the opportunity to validate technical development efforts and to quantif processing results. Interoperabilty testing verifies CLEC's ability to send correct EDI transactions through the EDI system edits successfully. Interoperability testing requires the use of valid data in Owest production systems. All interoperability orders are subjected to the same edit as production orders. This testing phase is optional when CLEC has conducted Stand-Alone Testing successfully. Owest shall process pre-order transactions in Owests production ess and order transactions through the business processing layer of the EDI interfaces. 12.2.9.3.4 Controlled Production - Owest and CLEC wil perform controlled production. The controlled production process is designed to validate the abilty of CLEC to transmit EDI data that completely meets X12 standards definitions and complies with all Owest business rules. Controlled production consists of the controlled submission of actual CLEC production requests to the Owest production environment. Owest treats these pre-order queries and orders as production pre-order and order transactions. Owest and CLEC use controlled production results to determine operational readiness. Controlled production requires the use of valid account and order data. All certification orders are considered to be live orders and wil be provisioned. 12.2.9.3.5 If CLEC is using EDI, Owest shall provide CLEC with a pre- allotted amount of time to complete certification of its business scenarios. Owest wil allow CLEC a reasonably sufficient amount of time during the Day and a reasonably sufficient number of Days during the week to complete certification of its business scenarios consistent with the CLEC's business plan. It is the sole responsibility of CLEC to schedule an appointment with Owest for certification of its business scenarios. CLEC must comply with the agreed upon dates and times scheduled for the certification of its business scenarios. If the certification of business scenarios is delayed due to CLEC, it is the sole responsibilit of CLEC to schedule new appointments for certification of its business scenarios. Owest wil make reasonable efforts to accommodate CLEC schedule. Conflicts in the schedule could result in certification being delayed. If a delay is due to Owest, Owest wil honor CLEC's schedule through the use of alternative hours. 12.2.9.4 If CLEC is using the EDI interface, CLEC must work with Owest to certify Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 - 288- Section 12 Access to Operational Support Systems (055) the business scenarios that CLEC wil be using in order to ensure successful transaction processing. Owest and CLEC shall mutually agree to the business scenarios for which CLEC requires certification. Certification will be granted for the specified release of the EDI interface. If CLEC is certifying multiple products or services, CLEC has the option of certifying those products or services serially or in parallel if Technically Feasible. 12.2.9.4.1 For a new softare release or upgrade, Owest wil provide CLEC a stable testing environment that mirrors the production environment in order for CLEC to test the new release. For software releases and upgrades, Owest has implemented the testing processes set forth in Section 12.2.9.3.2, 12.2.9.3.3 and 12.2.9.3.4. 12.2.9.4.2 Intentionally Left Blank. 12.2.9.5 New releases of the EDI interface may require re-certification of some or all business scenarios. A determination as to the need for re-certification wil be made by the Owest coordinator in conjunction with the release manager of each IMA EDI release. Notice of the need for re-certification wil be provided to CLEC as the new release is implemented. The suite of re-certification test scenarios wil be provided to CLEC with the disclosure document. If CLEC is certifying multiple products or services, CLEC has the option of certifing those products or services serially or in parallel, if Technically Feasible. 12.2.9.6 CLEC wil contact the Owest EDI Implementation Coordinator to initiate the migration process. CLEC may not need to certify to every new EDI release, however, CLEC must complete the re-certification and migration to the new EDI release within six (6) months of the deployment of the new release. CLEC will use reasonable efforts to provide sufficient support and personnel to ensure that issues that arise in migrating to the new release are handled in a timely manner. 12.2.9.6.1 The following rules apply to initial development and certification of EDI interface versions and migration to subsequent EDI interface versions: 12.2.9.6.1.1 Stand Alone and/or Interoperabilit testing must begin on the prior release before the next release is implemented. Otherwise, CLEC wil be required to move their implementation plan to the next release. 12.2.9.6.1.2 New EDI users must be certified and in production with at least one product and one order activity tye on a prior release two months after the implementation of the next release. Otherwise, CLEC wil be required to move their implementation plan to the next release. 12.2.9.6.1.3 Any EDI user that has been placed into production on the prior release not later than two months after the next release implementation may continue certifing additional products and activities until two months prior to the retirement of the release. To be placed into production, the products/order activities must have been tested in the interoperabilit environment before two months after the implementation of the next release. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIO Idaho/CDS-020124-0083 -289- Section 12 Access to Operational Support Systems (OSS) 12.2.9.7 CLEC will be expected to execute the re-certification test cases in the stand alone and/or interoperability test environments. CLEC wil provide Purchase Order Numbers (PONs) of the successful test cases to Qwest. 12.2.9.8 In addition to the testing set forth in other sections of Section 12.2.9, upon request by CLEC, Qwest shall enter into negotiations for comprehensive production test procedures. In the event that agreement is not reached, CLEC shall be entitled to employ, at its choice, the dispute resolution procedures of this Agreement or expedited resolution through request to the state Commission to resolve any diferences. In such cases, CLEC shall be entitled to testing that is reasonably necessary to accommodate identified business plans or operations needs, accounting for any other testing relevant to those plans or needs. As part of the resolution of such dispute, there shall be considered the issue of assigning responsibilty for the costs of such testing. Absent a finding that the test scope and activities address issues of common interest to the CLEC communit, the costs shall be assigned to the CLEC requesting the test procedures. 12.2.9.9 Reserved for Future Use. 12.2.10 CLEC Support 12.2.10.1 Qwest shall provide documentation and assistance for CLEC to understand how to implement and use all of the available OSS functions. Qwest shall provide to CLEC in writing any internal business rules and other formatting information necessary to ensure that CLEC's requests and orders are processed efficiently. This assistance wil include contacts to the CLEC account team, training, documentation, and CLEC Help Desk. Qwest wil also supply CLEC with an escalation level contact list in the event issues are not resolved via contacts to the CLEC account team, training, documentation and CLEC Help Desk. 12.2.10.2 CLEC Help Desk 12.2.10.2.1 The CLEC Systems Help Desk wil provide a single point of entry for CLEC to gain assistance in areas involving connectivity, system availabilty, and file outputs. The CLEC Systems Help Desk areas are further described below. 12.2.10.2.1.1 Connectivit covers trouble with CLEC's access to the Qwest system for hardware configuration requirements with relevance to EDI and GUI interfaces; softare configuration requirements with relevance to EDI and GUI interfaces; modem configuration requirements, T1 configuration and dial-in string requirements, firewall access configuration, SecurlD configuration, Profile Setup, and password verification. 12.2.10.2.1.2 System Availabilty covers system errors generated during an attempt by CLEC to place orders or open trouble reports through EDI and GUI interfaces. These system errors are limited to: POTS; Design Services and Repair. 12.2.10.2.1.3 File Outputs covers CLEC's output files and reports produced from its usage and order activit. File outputs system errors are Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lAH for LHIXO Idaho/CDS-020124-0083 -290- Section 12 Access to Operational Support Systems (OSS) limited to: Daily Usage File; Loss / Completion File, lABS Bil, CRIS Summary Bil, Category 11 Report and SAG/FAM Reports. 12.2.10.3 Additional assistance to CLECs is available through various public web sites. These web sites provide electronic interface training information and user documentation and technical specifications and are located on Qwests wholesale web site. Qwest will provide an Interconnect Service Center Help Desks which will provide a single point of contact for CLEC to gain assistance in areas involving order submission and manual processes. 12.2.11 Compensation/Cost Recovery Recurring and non-recurring ass startup charges, as applicable, wil be billed at rates set forth in Exhibit A. Any such rates wil be consistent with Existing Rules. Qwest shall not impose any recurring or non-recurring ass start up charges unless and until the Commission authorizes Qwest to impose such charges and/or approves applicable rates at the completion of appropriate cost docket proceedings. 12.3 Maintenance and Repair 12.3.1 Service Levels 12.3.1.1 Qwest wil provide repair and maintenance for all services covered by this Agreement in substantially the same time and manner as that which Qwest provides for itself, its End User Customers, its Affiliates, or any other party. Qwest shall provide CLEC repair status information in substantially the same time and manner as Qwest provides for its retail services. 12.3.1.2 During the term of this Agreement, Qwest wil provide necessary maintenance business process support to allow CLEC to provide similar servce quality to that provided by Qwest to its itself, its End User Customers, its Affilates, or any other party. 12.3.1.3 Qwest wil perform repair service that is substantially the same in timeliness and quality to that which it provides to itself, its End User Customers, its Affilates, or any other part. Trouble calls from CLEC shall receive response time priority that is substantially the same as that provided to Qwest, its End User Customers, its Affilates, or any other part and shall be handled in a nondiscriminatory manner. 12.3.2 Branding 12.3.2.1 Qwest shall use unbranded Maintenance and Repair forms while interfacing with CLEC End User Customers. Upon request, Qwest shall use CLEC provided and branded Maintenance and Repair forms. Qwest may not unreasonably interfere with branding by CLEC. 12.3.2.2 Except as specifically permited by CLEC, in no event shall Qwest provide information to CLEC subscribers about CLEC or CLEC product or services. 12.3.2.3 This section shall confer on Qwest no rights to the service marks, trademarks and trade names owned by or used in connection with services offered by Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 291- Section 12 Access to Operational Support Systems (OSS) CLEC or its Affiliates, except as expressly permitted by CLEC. 12.3.3 Service interruptions 12.3.3.1 The characteristics and methods of operation of any circuits, facilties or equipment of either Part connected with the services, facilities or equipment of the other Part pursuant to this Agreement shall not: 1) interfere with or impair service over any facilties of the other Part, its affilated companies, or its connecting and concurring Carriers involved in its services; 2) cause damage to the plant of the other Part, its affilated companies, or its connecting concurring Carriers involved in its services; 3) violate any Applicable Law or regulation regarding the invasion of privacy of any communications carried over the Part's facilties; or 4) create hazards to the employees of either Part or to the public. Each of these requirements is hereinafter referred to as an "Impairment of Service". 12.3.3.2 If it is confirmed that either Part is causing an Impairment of Service, as set forth in this Section, the Part whose network or service is being impaired (the "Impaired Part) shall promptly notif the Part causing the Impairment of Service (the "Impairing Part) of the nature and location of the problem. The Impaired Part shall advise the Impairing Part that, unless promptly rectified, a temporary discontinuance of the use of any circuit, facilty or equipment may be required. The Impairing Part and the Impaired Party agree to work together to attempt to promptly resolve the Impairment of Service. If the Impairing Part is unable to promptly remedy the Impairment of Service, the Impaired Part may temporarily discontinue use of the affected circuit, facilty or equipment. 12.3.3.3 To faciltate trouble reporting and to coordinate the repair of the service provided by each Part to the other under this Agreement, each Party shall designate a repair center for such service. 12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the designated repair center. This number shall give access to the location where records are normally located and where current status reports on any trouble reports are readily available. If necessary, alternative out-of-hours procedures shall be established to ensure access to a location that is staffed and has the authorit to initiate corrective action. 12.3.3.5 Before either Part reports a trouble condition, it shall use its best efforts to isolate the trouble to the other's facilities. 12.3.3.5.1 In cases where a trouble condition affects a significant portion of the other's service, the Parties shall assign the same priority provided to other interconnecting CLECs as itself, its End User Customers, its Affilates, or any other part. 12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions. 12.3.4 Trouble Isolation 12.3.4.1 CLEC is responsible for its own End User Customer base and wil have the responsibility for resolution of any service trouble report(s) from its End User Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -292- Section 12 Access to Operational Support Systems (OSS) Customers. CLEC wil perform trouble isolation on services it provides to its End User Customers to the extent the capabilit to perform such trouble isolation is available to CLEC, prior to reporting trQuble to Owest. CLEC shall have access for testing purposes at the Demarcation Point, NID, or Point of Interface. Owest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Owests network. Owest and CLEC wil report trouble isolation test results to the other. Each Part shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4.3. 12.3.4.2 When CLEC requests that Owest perform trouble isolation with CLEC, a Maintenance of Service charge will apply if the trouble is found to be on the End User Customer's side of the Demarcation Point. If the trouble in on the End User Customer's side of the Demarcation Point, and the CLEC authorizes Owest to repair trouble on the CLECs behalf, Owest wil charge CLEC the appropriate Additional Labor Charge set forth in Exhibit A in addition to the Maintenance of Service charge. 12.3.4.3 When CLEC elects not to perform trouble isolation and Owest performs tests at CLEC request, a Maintenance of Service Charge shall apply if the trouble is not in Owests facilties, including Owests facilities leased by CLEC. Maintenance of Service charges are set forth in Exhibit A. When trouble is found on Owests side of the Demarcation Point, or Point of Interface during the investigation of the initial or repeat trouble report for the same line or circuit within thirt (30) Days, Maintenance of Service charges shall not apply. 12.3.5 Inside Wire Maintenance Except where specifically required by state or federal regulatory mandates, Owest wil not perform any maintenance of inside wire (premises wiring beyond the End User Customer's Demarcation Point) for CLEC or its End User Customers. 12.3.6 Testinglest Requests/Coordinated TestinglNEs 12.3.6.1 Where CLEC does not have the abilty to diagnose and isolate trouble on a Owest line, circuit, or service provided in this Agreement that CLEC is utilizing to serve an End User Customer, Owest wil conduct testing, to the extent testing capabilties are available to Owest, to diagnose and isolate a trouble in substantially the same time and manner that Owest provides for itself, its End User Customers, its Affiliates, or any other party. 12.3.6.2 Prior to Owest conducting a test on a line, circuit, or service provided in this Agreement that CLEC is utilizing to serve an End User, Owest must receive a trouble report from CLEC. 12.3.6.3 On manually reported trouble for non-designed services, Owest wil provide readily available test results to CLEC or test results to CLEC in accordance with any applicable Commission rule for providing test results to End User Customers or CLECs. On manually reported trouble for designed services provided in this Agreement, Owest wil provide CLEC test results upon request. For electronically reported trouble, Owest will provide CLEC with the ability to obtain basic test results in substantially the same time and manner that Owest provides for itself, its End User Customers, its Affiliates, or any other part. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -293- Section 12 Access to Operational Support Systems (OSS) 12.3.6.4 CLEC shall isolate the trouble condition to Owests portion of the line, circuit, or service provided in this Agreement before Owest accepts a trouble report for that line, circuit or service. Once Owest accepts the trouble report from CLEC, Owest shall process the trouble report in substantially the same time and manner as Owest does for itself, its End User Customers, its Affilates, or any other part. 12.3.6.5 Owest shall test to ensure electrical continuity of all UNEs, including Central Office Demarcation Point, and services it provides to CLEC prior to closing a trouble report. 12.3.7 Work Center Interfaces 12.3.7.1 Owest and CLEC shall work cooperatively to develop positive, close working relationships among corresponding work centers involved in the trouble resolution processes. 12.3.8 Misdirected Repair Calls 12.3.8.1 CLEC and Owest wil employ the following procedures for handling misdirected repair calls: 12.3.8.1.1 CLEC and Owest wil provide their respective End Use Customers with the correct telephone numbers to call for access to their respective repair bureaus. 12.3.8.1.2 End User Customers of CLEC shall be instructed to report all cases of trouble to CLEC. End User Customers of Owest shall be instructed to report all cases of trouble to Owest. 12.3.8.1.3 To the extent the correct provider can be determined, misdirected repair calls wil be referred to the proper provider of Basic Exchange Telecommunications Service. 12.3.8.1 .4 CLEC and Owest wil provide their respective repair contact numbers to one another on a reciprocal basis. 12.3.8.1.5 In responding to repair calls, CLEC's End User Customers contacting Owest in error wil be instructed to contact CLEC; and Owests End User Customers contacting CLEC in error wil be instructed to contact Owest. In responding to calls, neither Part shall make disparaging remarks about each other. To the extent the correct provider can be determined, misdirected calls received by either Part wil be referred to the proper provider of local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Owest or CLEC from discussing its products and services with CLEC's or Owests End User Customers who call the other Part seeking such information. 12.3.9 Major OutageslRestorallotification 12.3.9.1 Owest wil notif CLEC of major network outages in substantially the same time and manner as it provides itself, its End User Customers, its Affilates, or any Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -294- Section 12 Access to Operational Support Systems (OSS) other part. This notification wil be via e-mail to CLEC's identified contact. With the minor exception of certain Proprietary Information such as Customer information, Owest wil utilize the same thresholds and processes for external notification as it does for internal purposes. This major outage information wil be sent via e-mail on the same schedule as is provided internally within Owest. The email notification schedule shall consist of initial report of abnormal condition and estimated restoration time/date, abnormal condition updates, and final disposition. Service restoration wil be non- discriminatory, and wil be accomplished as quickly as possible according to Owest and/or industry standards. 12.3.9.2 Owest wil meet with associated personnel from CLEC to share contact information and review Owests outage restoral processes and notification processes. 12.3.9.3 Owests emergency restoration process operates on a 7X24 basis. 12.3.10 Protective Maintenance 12.3.10.1 Owest wil perform scheduled maintenance of substantially the same quality to that which it provides to itself, its End User Customers, its Affilates, or any other part. 12.3.10.2 Owest wil work cooperatively with CLEC to develop industry-wide processes to provide as much notice as possible to CLEC of pending maintenance activity. Owest shall provide notice of potentially CLEC Customer impacting maintenance activity, to the extent Owest can determine such impact, and negotiate mutually agreeable dates with CLEC in substantially the same time and manner as it does for itself, its End User Customers, its Affiliates, or any other part. 12.3.10.3 Owest shall advise CLEC of non-scheduled maintenance, testing, monitoring, and surveilance activit to be performed by Owest on any Services, including, to the extent Owest can determine, any hardware, equipment, softare, or system providing service functionality which may potentially impact CLEC and/or CLEC End User Customers. Owest shall provide the maximum advance notice of such non- scheduled maintenance and testing activity possible, under the circumstances; provided, however, that Owest shall provide emergency maintenance as promptly as possible to maintain or restore service and shall advise CLEC promptly of any such actions it takes. 12.3.11 Hours of Coverage 12.3.11.1 Owests repair operation is seven Days a week, 24 hours a Day. Not all functions or locations are covered with scheduled employees on a 7X24 basis. Where such 7X24 coverage is not available, Owests repair operations center (always available 7X24) can call-out technicians or other personnel required for the identified situation. 12.3.12 Escalations 12.3.12.1 Owest wil provide trouble escalation procedures to CLEC. Such procedures wil be substantially the same type and qualit as Owest employs for itself, its End User Customers, its Affilates, or any other part. Owest escalations are manual processes. Qwest Idaho SGAT - Second Revision, December 10. 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -295- Section 12 Access to Operational Support Systems (OSS) 12.3.12.2 Qwest repair escalations may be initiated by either callng the trouble reporting center or through the electronic interfaces. Escalations sequence through five tiers: tester, duty supervisor, manager, director, vice president. The first escalation point is the tester. CLEC may request escalation to higher tiers in its sole discretion. Escalations status is available through telephone and the electronic interfaces. 12.3.12.3 Qwest shall handle chronic troubles on non-designed services, which are those greater than 3 troubles in a rollng 30-Day period, pursuant to Section 12.2.2.1. 12.3.13 Dispatch 12.3.13.1 Qwest will provide maintenance dispatch personnel in substantially the same time and manner as it provides for itself, its End User Customers, its Affiliates, or any other party. 12.3.13.2 Upon the receipt of a trouble report from CLEC, Qwest wil follow internal processes and industry standards, to resolve the repair condition. Qwest wil dispatch repair personnel on occasion to repair the condition. It wil be Qwests decision whether or not to send a technician out on a dispatch. Qwest reserves the right to make this dispatch decision based on the best information available to it in the trouble resolution process. It is not always necessary to dispatch to resolve trouble; should CLEC require a dispatch when Qwest believes the dispatch is not necessary, appropriate charges will be biled by Qwest to CLEC for those dispatch-related costs in accordance with Exhibit A if Qwest can demonstrate that the dispatch was in fact unnecessary to the clearance of trouble or the trouble is identified to be caused by CLEC facilities or equipment. 12.3.13.3 For POTS lines and designed service circuits, Qwest is responsible for all Maintenance and Repair of the line or circuit and wil make the determination to dispatch to locations other than the CLEC Customer Premises without prior CLEC authorization. For dispatch to the CLEC Customer Premises Qwest shall obtain prior CLEC authorization with the exception of major outage restoration, cable rearrangements, and MTE terminal maintenance/replacement. 12.3.13.4 Intentionally Left Blank. 12.3.14 Electronic Reporting 12.3.14.1 CLEC may submit Trouble Reports through the Electronic Bonding or GUI interfaces provided by Qwest. 12.3.14.2 The status of manually reported trouble may be accessed by CLEC through electronic interfaces. 12.3.15 Intervals/Parity 12.3.15.1 Similar trouble conditions, whether reported on behalf of Qwest End User Customers or on behalf of CLEC End User Customers, wil receive commitment intervals in substantially the same time and manner as Qwest provides for itself, its End User Customers, its Affiliates, or any other part. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -296- Section 12 Access to Operational Support Systems (055) 12.3.16 Jeopardy Management 12.3.16.1 Qwest wil. notify CLEC, in substantially the same time and manner as Qwest provides this information to itself, its End User Customers, its Affilates, or any other party, that a trouble report commitment (appointment or interval) has been or is likely to be missed. AT CLECoption, notification may be sent by email or fax through the electronic interface. CLEC may telephone Qwest repair center or use the electronic interfaces to obtain jeopardy status. 12.3.17 Trouble Screening 12.3.17.1 CLEC shall screen and test its End User Customer trouble reports completely enough to insure, to the extent possible, that it sends to Qwest only trouble reports that involve Qwest facilities. For services and facilities where the capability to test all or portions of the Qwest network service or facilit rest with Qwest, Owest wil make such capabilty available to CLEC to perform appropriate trouble isolation and screening. 12.3.17.2 Qwest wil cooperate with CLEC to show CLEC how Qwest screens trouble conditions in its own centers, so that CLEC may employ similar techniques in its centers. 12.3.18 Maintenance Standards 12.3.18.1 Qwest wil cooperate with CLEC to meet the maintenance standards outlined in this Agreement. 12.3.18.2 On manually reported trouble, Qwest wil inform CLEC of repair completion in substantially the same time and manner as Qwest provides to itself, its End User Customers, its Affiliates, or any other party. On electronically reported trouble reports the electronic system wil automatically update status information, including trouble completion, across the joint electronic gateway as the status changes. 12.3.19 End User Customer Interface Responsibilties 12.3.19.1 CLEC wil be responsible for all interactions with its End User Customers including service call handling and notifying its End User Customers of trouble status and resolution. 12.3.19.2 All Qwest employees who perform repair service for CLEC End User Customers wil be trained in non-discriminatory behavior. 12.3.19.3 Qwest wil recognize the designated CLEC/OLEC as the Customer of record for all services ordered by CLEC/OLEC and wil send all notices, invoices and pertinent information directly to CLEC/OLEC. Except as otherwise specifically provided in this Agreement, Customer of record shall be Qwests single and sole point of contact for all CLEC/OLEC Customers. 12.3.20 Repair Call Handling 12.3.20.1 Manually-reported repair calls by CLEC to Owest wil be answered with Qwest Idaho 5GAT - Second Revision, December 10, 2001 1/25/02lAH for LH/XO Idaho/CDS-020124-0083 - 297- Section 12 Access to Operational Support Systems (OSS) the same quality and speed as Qwest answers calls from its own End User Customers, 12.3.21 Single Point of Contact 12.3.21.1 Qwest will provide a single point of contact for CLEC to report maintenance issues and trouble reports seven Days a week, twenty-four hours a Day. A single 7X24 trouble reporting telephone number wil be provided to CLEC for each category of trouble situation being encountered. 12.3.22 Network Information 12.3.22.1 Qwest maintains an information database, available to CLEC for the purpose of allowing CLEC to obtain information about Qwests NPAs, LATAs, Access Tandems and Central Ofices. 12.3.22.2 This database is known as the ICONN database, available to CLEC via Qwests Web site. 12.3.22.3 database. CPNI information and NXX activity reports are also included in this 12.3.22.4 ICONN data is updated in substantially the same time and manner as Qwest updates the same data for itself, its End User Customers, its Affiliates, or any other part. 12.3.23 Maintenance Windows 12.3.23.1 Generally, Qwest performs major Switch maintenance activities off-hours, during certain "maintenance windows". Major Switch maintenance activities include Switch conversions, Switch generic upgrades and Switch equipment additions. 12.3.23.2 Generally, the maintenance window is between 1 0:00 p.m. through 6:00 am Monday through Friday, and Saturday 1 0:00 p.m. through Monday 6:00 am, Mountain Time. Although Qwest normally does major Switch maintenance during the above maintenance window, there wil be occasions where this wil not be possible. Qwest wil provide notification of any and all maintenance activities that may impact CLEC ordering practices such as embargoes, moratoriums, and quiet periods in substantially the same time and manner as Qwest provides this information to itself, its End User Customers, its Affilates, or any other part. 12.3.23.3 Reserved for Future Use. 12.3.23.4 Planned generic upgrades to Qwest Switches are included in the ICONN database, available to CLEC via Qwest's Web site. 12.3.24 Switch and Frame Conversion Service Order Practices 12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the removal of one Switch and its replacement with another. Generic Switch software or hardware upgrades, the addition of Switch line and trunk connection hardware and the addition of capacity to a Switch do not constitute Switch conversions. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -298- Section 12 Access to Operational Support Systems (OSS) 12.3.24.2 Frame Conversions. Frame conversions are generally the removal and replacement of one or more frames, upon which the Switch ports terminate. 12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame conversion planned Day of cut-over to the replacement frame(s) or Switch. The actual conversion time typically is set for midnight of the Conversion Date. This may cause the actual Conversion Date to migrate into the early hours of the Day after the planned Conversion Date. 12.3.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the time period that the Switch or frame trunk-side facility connections are frozen to facilitate conversion from one Switch or frame to another with minimal disruption to the End User Customer or CLEC services. During the embargo period, Qwest wil reject orders for trunk-side facilities (see Section 12.3.24.4.1) other than conversion orders described in Section 12.3.24.4.3. Notwithstanding the foregoing and to the extent Qwest provisions trunk or trunk facility related service orders for itself, its End User Customers, its Affiliates, or any other party during embargoes, Qwest shall provide CLEC the same capabilities. 12.3.24.4.1 ASRs for Switch or frame trunk-side facilty augments to capacity or changes to Switch or frame trunk-side facilities must be issued by CLEC with a Due Date prior to or after the appropriate embargo interval as identified in the ICONN database. Qwest shall reject Switch or frame trunk-side ASRs to augment capacity or change facilties issued by CLEC or Qwest, its End User Customers, its Affilates or any other part during the embargo period, regardless of the order's Due Date except for conversion ASRs described in Section 12.3.24.4.3. 12.3.24.4.2 For Switch and trunk-side frame conversions, Qwest shall provide CLEC with conversion trunk group service requests (TGSR) no less than ninety (90) Days before the Conversion Date. 12.3.24.4.3 For Switch and trunk-side frame conversions, CLEC shall issue facilty conversion ASRs to Qwest no later than thirt (30) Days before the Conversion Date for Iike-for-like, where CLEC mirrors their existing circuit design from the old Switch or frame to the new Switch or frame, and sixt (60) Days before the Conversion Date for addition of trunk capacit or modification of circuit characteristics (Le., change of AMI to B8ZS). 12.3.24.5 Frame Embargo Period. During frame conversions, service orders and ASRs shall be subject to an embargo period for services and facilties connected to the affected frame. For conversion of trunks where CLEC mirrors their existing circuit design from the old frame to the new frame on a like-for-like basis, such embargo period shall extend from thirt (30) Days prior to the Conversion Date until 5 Days after the Conversion Date. If CLEC requests the addition of trunk capacity or modification of circuit characteristics (Le., change of AMI to B8ZS) to the new frame, new facilty ASRs shall be placed, and the embargo period shall extend from sixt (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, Qwest shall identify the particular dates and locations for frame conversion embargo periods in its ICONN database in substantially the same time and manner as Qwest notifies itself, its End User Customers, Affilates, or any other part. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 299- Section 12 Access to Operational Support Systems (OSS) 12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and ASRs shall be subject to an embargo period for services and facilties associated with the trunk side of the Switch. For conversion of trunks where CLEC mirrors their existing circuit design from the old Switch to the new Switch on a like-for-like basis, such embargo period shall extend from thirt (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or modification of circuit characteristics to the new Switch, new facility ASRs shall be placed, and the embargo period shall extend from sixt (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, Qwest shall identify the particular dates and locations for Switch conversion embargo periods in its ICONN database in substantially the same time and manner as Qwest notifies itself, its End User Customers, Affiliates, or any other part. 12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame conversion quiet periods are the time period within which LSRs may not contain Due Dates, with the exception of LSRs that result in disconnect orders, including those related to LNP orders, record orders, Biling change orders for non-switched products, and emergency orders. 12.3.24.7.1 LSRs of any kind issued during Switch or frame conversion quiet periods create the potential for loss of End User Customer service due to manual operational processes caused by the Switch or frame conversion. LSRs of any kind issued during the Switch or frame conversion quiet periods wil be handled as set forth below, with the understanding that Qwest shall use its best efforts to avoid the loss of End User Customer service. Such best efforts shall be substantially the same time and manner as Qwest uses for itself, its End User Customers, its Affilates, or any other part. 12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except those requesting order activity described in 12.3.24.7 are processed for the affected location, extends from five (5) Days prior to conversion until two (2) Days after the conversion and is identified in the ICONN database. 12.3.24.7.3 The quiet period for frame conversions, where no LSRs except those requesting order activit described in 12.3.24.7 are processed or the affected location, extends from five (5) Days prior to conversion until two (2) Days after the conversion. 12.3.24.7.4 LSRs, except those requesting order activity described in 12.3.24.7, (i) must be issued with a Due Date prior to or after the conversion quiet period and (ii) may not be issued during the quiet period. LSRs that do not meet these requirements wil be rejected by Qwest. 12.3.24.7.5 LSRs requesting disconnect activit issued during the quiet period, regardless of requested Due Date, wil be processed after the quiet period expires. 12.3.24.7.6 CLEC may request a Due Date change to a LNP related disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change. Such changes shall Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -300- Section 12 Access to Operational Support Systems (OSS) be handled as emergency orders by Owest. 12.3.24.7.7 CLEC may request a Due Date change to a LNP related disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change and contacting the Interconnect Service Center. Such changes shall be handled as emergency orders by Owest. 12.3.24.7.8 In the event that CLEC End User Customer service is disconnected in error, Owest wil restore service in substantially the same time and manner as Owest does for itself, its End User Customers, its Affiliates, or any other part. Restoration of CLEC End User Customer service wil be handled through the LNP escalations process. 12.3.24.8 Switch Upgrades. Generic Switch softare and hardware upgrades are not subject to the Switch conversion embargoes or quiet periods descnbed above. If such generic Switch or softare upgrades require significant activity related to translations, an abbreviated embargo and/or quiet period may be required. Owest shall implement service order embargoes and/or quiet periods during Switch upgrades in substantially the same time and manner as Owest does for itself, its End User Customers, its Affilates, and any other part. 12.3.24.9 Switch Line and Trunk Hardware Additions. Owest shall use its best efforts to minimize CLEC service order impacts due to hardware additions and modifications to Owests existing Switches. Owest shall provide CLEC substantially the same service order processing capabilities as Owest provides itself, its End User Customers, Affilates, or any other part during such Switch hardware additions. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 301 - Section 13 Access to Telephone Numbers Section 13.0 - ACCESS TO TELEPHONE NUMBERS 13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise adversely impact either Part's right to request an assignment of any NANP number resources including, but not limited to, Central Ofice (NXX) Codes pursuant to the Central Ofice Code Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407- 008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or Commission Order. The latest version of the Guidelines wil be considered the current standard. 13.2 North American Numbering Plan Administration (NANPA) has transitioned to NeuStar. Both Parties agree to comply with Industry guidelines and Commission rules, including those . sections requiring the accurate reporting of data to the NANPA. 13.3 It shall be the responsibility of each Part to program and update its own Switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and route traffic to the other Party's assigned NXX or NXX-X codes. Neither Party shall impose any fees or charges on the other Part for such activities. The Parties wil cooperate to establish procedures to ensure the timely activation of NXX assignments in their respective networks. 13.4 Each Party is responsible for administering numbering resources assigned to it. Each Part will cooperate to timely rectif inaccuracies in its LERG data. Each Part is responsible for updating the LERG data for NXX codes assigned to its Switches. Each Part shall use the LERG published by T elcordia or its successor for obtaining routing information and shall provide through an authorized LERG input agent, all required information regarding its network for maintaining the LERG in a timely manner. 13.5 Each Part shall be responsible for notifying its end users of any changes in numbering or dialing arrangements to include changes such as the introduction of new NPAs. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 -302- Section 14 Local Dialing Parity Section 14.0 - LOCAL DIALING PARITY 14.1 The Parties shall provide-local Dialing Parity to each other as required under Section 251 (b)(3) of the Act. Qwest wil provide local Dialing Parit to competing providers of Telephone Exchange Service and telephone toll service, and wil permit all such providers to have non- discriminatory access to telephone numbers, operator services, directory assistance, and Directory Listings, with no unreasonable dialing delays. CLEC may elect to route all of its End User Customers' calls in the same manner as Qwest routes its End User Customers' calls, for a given call type (e.g., 0, 0+, 1+, 411), or CLEC may elect to custom route its End User Customers' calls diferently than Qwest routes its End User Customers' calls. Additional terms and conditions with respect to customized routing are described in Sections 9.12 of this Agreement. Customized Routing may be ordered as an application with resale or Unbundled Local Switching. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -303- Section 15 Qwest Dex Section 15.0 - Qwest Dex 15.1 Qwest and GLEG agree that certain issues outside the provision of basic white page Directory Listings, such as yellow pages advertising, yellow pages listings, directory coverage access to call guide pages (phone service pages), applicable listings criteria, white page enhancements and publication schedules wil be the subject of negotiations between GLEG and directory publishers, including Qwest Dex. Qwest acknowledges that GLEG may request Qwest to faciltate discussions between GLEG and Qwest Dex. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 304- Section 16 Referral Announcement Section 16.0 - REFERRAL ANNOUNCEMENT 16.1 When an End User Customer changes from Qwest to CLEC, or from CLEC to Qwest, and does not retain its original main/listed telephone number, the Part formerly providing service to the End User Customer wil provide a transfer of service announcement on the abandoned telephone number. Each Party will provide this referral service consistent with its Tarif. This announcement wil provide details on the new number that must be dialed to reach the End User Customer. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 -.305- Section 17 Bona Fide Request Process Section 17.0 . BONA FIDE REQUEST PROCESS 17.1 Any request for Interconnection or access to an Unbundled Network Element or ancilary service that is not already available as described in other sections of this Agreement, including but not limited to Exhibit F or any other Interconnection Agreement, Tarif or otherwise defined by Qwest as a product or servce shall be treated as a Bona Fide Aequest (BFA). Qwest shall use the BFA Process to determine the terms and timetable for providing the requested Interconnection, access to UNEs or ancilary services and the technical feasibility of new/different points of Interconnection. Qwest wil administer the BFA Process in a non- discriminatory manner. 17.2 A BFA shall be submitted in writing and on the appropriate Qwest form for BFRs. CLEC and Qwest may work together to prepare the BFA form and either Part may request that such coordination be handled on an expedited basis. This form shall be accompanied by the non- refundable Processing Fee specified in Exhibit A of this Agreement. Qwest wil refund on-half of the Processing Fee if the BFA is cancelled within ten (10) business days of the receipt of the BFA form. The form wil request, and CLEC wil need to provide, the following information, and may also provide any additional information that may be reasonably necessary in describing and analyzing CLEC's request: 17.2.1 a technical description of each requested Network Element or new/diferent points of Interconnection or ancilary services; 17.2.2 the desired interface specification; 17.2.3 each requested type of Interconnection or access; 17.2.4 a statement that the Interconnection or Network Element or ancilary service wil be used to provide a Telecommunications Service; 17.2.5 the quantity requested; 17.2.6 the specific location requested; 17.2.7 Intentionally Left Blank. 17.2.8 Intentionally Left Blank. 17.3 Within two (2) business Days of its receipt, Qwest shall acknowledge receipt of the BFA and in such acknowledgment advise CLEC of missing information, if any, necessary to process the BFA. Thereafter, Qwest shall promptly advise CLEC of the need for any additional information required to complete the analysis of the BFA. If requested, either orally or in wriing, Qwest wil provide weekly updates on the status of the BFA. 17.4 Within twenty-one (21) calendar Days of its receipt of the BFA and all information necessary to process it, Qwest shall provide to CLEC an analysis of the BFA. The preliminary analysis shall specify Qwests conclusions as to whether or not the requested Interconnection or access to an Unbundled Network Element complies with the unbundling requirements of the Act or state law. 17.5 If Qwest determines during the twenty-one (21) Day period that a BFR does not qualif Owest Idaho SGAT - Second Revision, December 10, 2001 1125/02IAH for LHIXO Idaho/CDS-020124-0083 - 306- . Section 17 Bona Fide Request Process as an Unbundled Network Element or Interconnection or ancilary service that is required to be provided under the Act or state law, Qwest shall advise CLEC as soon as reasonably possible of that fact, and Qwest shall promptly, but in no case later than the twenty-one Day period, provide a written report setting forth the basis for its conclusion. 17.6 If Qwest determines during such twenty-one (21) Day period that the BFR qualifies under the Act or state law, it shall notify CLEC in writing of such determination within ten (10) calendar Days, but in no case later than the end of such twenty-one (21) Day period. 17.7 As soon as feasible, but in any case within fort-five (45) calendar Days after Qwest notifies CLEC that the BFR qualifies under the Act, Qwest shall provide to CLEC a BFR quote. The BFR quote will include, at a minimum, a description of each Interconnection, Network Element, and ancilary service, the quantity to be provided, any interface specifications, and the . applicable rates (recurring and nonrecurring) including the separately stated development costs and construction charges of the Interconnection, Unbundled Network Element or ancilary service and any minimum volume and term commitments required, and the timeframes the request wil be provisioned. 17.8 A CLEC has sixt (60) business days upon receipt of the BFR quote, to either agree to purchase under the quoted price, or cancel its BFA. 17.9 If CLEC has agreed to minimum volume and term commitments under the preceding paragraph, CLEC may cancel the BFR or volume and term commitment at any time but may be subject to termination liabilit assessment or minimum period charges. 17.10 If either Part believes that the other Part is not requesting, negotiating or processing any BFR in good faith, or disputes a determination or quoted price or cost,. it may invoke the Dispute Resolution provision of this Agreement. 17.11 All time intervals within which a response is required from one Part to another under this Section are maximum time intervals. Each Part agrees that it will provide all responses to the other Part as soon as the Part has the information and analysis required to respond, even if the time interval stated herein for a response is not over. 17.12 In the event CLEC has submitted a Request for an Interconnection, an Unbundled Network Elements or any combinations thereof, or ancilary services and Qwest determines in accordance with the provisions of this Section 17 that the request is Technically Feasible, subsequent requests or orders for substantially similar tyes of Interconnection, Unbundled Network Elements or combinations thereof or ancilary services by that CLEC shall not be subject to the BFR process. To the extent Qwest has deployed or denied a substantially similar Interconnection, Unbundled Network Elements or combinations thereof or ancilary services under a previous BFR, a subsequent BFR shall not be required and the BFR application fee shall be refunded immediately. Qwest may only require CLEC to complete a New Product Questionnaire before ordering such Interconnection, Unbundled Netork Elements or combinations thereof, or ancilary services. ICB pricing and intervals wil stil apply for requests that are not yet standard offerings. For purposes of this Section 17.12, a "substantially similar" request shall be one with substantially similar characteristics to a previous request with respect to the information provided pursuant to Subsections 17.2.1 through 17.2.8 of Section 17.2 above. The burden of proof is upon Qwest to prove the BFR is not substantially similar to a previous BFA. 17.13 The total cost charged to CLEC shall not exceed the BFR quoted price. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -307- Section 17 Bona Fide Request Process 17.14 Upon request, Owest shall provide CLEC with Owests supporting cost data and/or studies for the Interconnection, Unbundled Network Element or ancilary service that CLEC wishes to order within seven (7). business days, except where Owest cannot obtain a release from its vendors within seven (7) business days, in which case Owest wil make the data available as soon as Owest receives the vendor release. Such cost data shall be treated as Confidential Information, if requested by Owest under the non-disclosure sections of this Agreement. 17.15 Owest shall make available a topical list of the BFRs that it has received with CLECs under this SGAT or an Interconnection Agreement. The description of each item on that list shall be sufficient to allow CLEC to understand the general nature of the product, service, or combination thereof that has been requested and a summary of the disposition of the request as soon as it is made. Owest shall also be required upon the request of CLEC to provide sufficient details about the terms and conditions of any granted requests to allow CLEC to elect to take the same offering under substantially identical circumstances. Owest shall not be required to provide information about the request initially made by CLEC whose BFR was granted, but must make available the same kinds of information about what it offered in response to the BFR as it does for other products or services available under this SGAT. CLEC shall be entitled to the same offering terms and conditions made under any granted BFR, provided that Owest may require the use of ICB pricing where it makes a demonstration to CLEC of the need therefor. Owest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/AH for LHIXO Idaho/CDS-020124-0083 ' -308- Section 18 Audit Process Section 18.0 - AUDIT PROCESS 18.1 Nothing in this Section 18" shall limit or expand the audit provisions in the Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the audit provisions in this Section 18. For purposes of this section the following definitions shall apply: 18.1.1 "Audit" shall mean the comprehensive review of the books, records, and other documents used in the Biling process for services performed, including, without limitation, reciprocal compensation and facilties provided under this Agreement. 18.1.2 "Examination" shall mean an inquiry into a specific element or process related to the above. Commencing on the Effective Date of this Agreement, either Party may perform Examinations as either Party deems necessary. 18.2 This Audit shall take place under the following conditions: 18.2.1 Either Part may request to perform an Audit or Examination. 18.2.2 The Audit or Examination shall occur upon thirt (30) business days written notice by the requesting Part to the non-requesting Party. 18.2.3 The Audit or Examination shall occur during normal business hours. However, such audit wil be conducted in a commercially reasonable manner and both Parties wil work to minimize disruption to the business operations of the Part being audited. 18.2.4 There shall be no more than two Audits requested by each Part under this Agreement in any 12-month period. Either Part may audit the other Part's books, records and documents more frequently than twice in any twelve (12) month period (but no more than once in each quarter) if the immediately preceding audit found previously uncorrected net variances, inaccuracies or errors in invoices in the audited Part's favor with an aggregate value of at least two percent (2%) of the amounts payable for the affected services during the period covered by the Audit. 18.2.5 The requesting Part may review the non-requesting Part's records, books and documents, as may reasonably contain information relevant to the operation of this Agreement. 18.2.6 The location of the Audit or Examination shall be the location where the requested records, books and documents are retained in the normal course of business. 18.2.7 All transactions under this Agreement which are over twenty-four (24) months old wil be considered accepted and no longer subject to Audit. The Parties agree to retain records of all transactions under this Agreement for at least 24 months. 18.2.8 Audit or Examination Expenses 18.2.8.1 Each Part shall bear its own expenses in connection with conduct of the Audit or Examination. The requesting Part wil pay for the reasonable cost of special data extractions required by the Part to conduct the Audit or Examination. For purposes of this section, a "Special Data Extraction" means Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 -309- Section 18 Audit Process the creation of an output record or informational report (from existing data files) that is not created in the normal course of business. If any program is developed to the requesting Part's specification and at that Part's expense, the requesting Party wil specify at the time of request whether the program is to be retained by the other Part for reuse for any subsequent Audit or Examination. 18.2.8.2 Notwithstanding the foregoing, the audited Part shall pay all of the Auditing Part's commercially reasonable expenses in the event an Audit or Examination identifies a difference between the amount biled and the amount determined by the Audit that exceeds five percent (5%) of the amount biled and results in a refund and/or reduction in the Billng to the auditing Part. 18.2.9 The Part requesting the Audit may request that an Audit be conducted by a mutually agreed-to independent auditor, which agreement wil not be unreasonably withheld or delayed by the non-requesting Part. Under this circumstance, the costs of the independent auditor shall be paid for by the Part requesting the Audit subject to Section 18.2.8.2. 18.2.10 In the event that the non-requesting Part requests that the Audit be performed by an independent auditor, the Parties shall mutually agree to the selection of the independent auditor. Under this circumstance, the costs of the independent auditor shall be shared equally by the Parties. The portion of this expense borne by the Auditing Part shall be borne by the Audited Part if the terms of Section 18.2.8.2 are satisfied. 18.2.11 Adjustments, credits or payments wil be made and any corrective action must commence within thirt (30) Days after the Parties receipt of the final audit report to compensate for any errors and omissions which are disclosed by such Audit or Examination and are agreed to by the Parties. The interest rate payable shall be in accordance with Commission requirements. In the event that any of the following circumstances occur within thirt (30) business days after completion of the Audit or Examination, they may be resolved at either Part's election, pursuant to the Dispute Resolution Process: (I) errors detected by the Audit or Examination have not been corrected; (ii) adjustments, credits or payments due as a result of the Audit or Examination have not been made, or (iii) a dispute has arisen concerning the Audit or Examination. 18.2.12 Neither the right to examine and audit nor the right to receive an adjustment wil be affected by any statement to the contrary appearing on checks or otherwise. 18.2.13 This Section wil survive expiration or termination of this Agreement for a period of two (2) years after expiration or termination of the Agreement. 18.3 All information received or reviewed by the requesting Part or the independent auditor in connection with the Audit is to be considered Proprietary Information as defined by this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non- employee who is involved directly or indirectly in any Audit or the resolution of its findings as described above to execute a nondisclosure agreement satisfactory to the non-requesting Part. To the extent an Audit involves access to information of other competitors, CLEC and Owest wil aggregate such competitors' data before release to the other Part, to insure the protection of the proprietary nature of information of other competitors. To the extent a competitor is an Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 310- Section 18 Audit Process Affiliate of the Party being audited (including itself and its subsidiaries), the Parties shall be allowed to examine such Affiliates' disaggregated data, as required by reasonable needs of the Audit. Information provided in an -Audit or Examination may only be reviewed by individuals with a need to know such information for purposes of this Section 18 and who are bound by the nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information be shared with the Parties' retail marketing, sales or strategic planning. 18.3.1 Either Party may request an audit of the other's compliance with this Agreement's measures and requirements applicable to limitations on the distribution, maintenance, and use of proprietary or other protected information that the requesting Part has provided to the other. Those audits shall not take place more frequently than once in every three years, unless cause is shown to support a specifically requested audit that would otherwise violate this frequency restriction. Examinations wil not be permitted in connection with investigating or testing such compliance. All those other provisions of this Section 18 that are not inconsistent herewith shall apply, except that in the case of these audits, the Part to be audited may also request the use of an independent auditor. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 311 - Section 19 Construction Charges Section 19.0 . CONSTRUCTION CHARGES 19.1 All rates, charges and initìal service periods specified in this Agreement contemplate the provision of network Interconnection services and access to unbundled loops or ancilary services to the extent existing facilities are available. Except for modifications to existing facilities necessary to accommodate Interconnection and access to unbundled loops or ancilary services specifically provided for in this Agreement, Qwest wil consider requests to build additional or further facilties for network Interconnection and access to unbundled loops or ancillary services, as described in the applicable section of this Agreement. 19.2 All necessary construction will be undertaken at the discretion of Qwest, consistent with budgetary responsibilties, consideration for the impact on the general body of End User Customers and without discrimination among the various Carriers. 19.3 A quote for CLEC's portion of a specific job wil be provided to CLEC. The quote wil be in writing and wil be binding for ninety (90) business days after the issue date. When accepted, CLEC wil be biled the quoted price and construction wil commence after receipt of payment. If CLEC chooses not to have Qwest construct the facilties, Qwest reserves the right to bil CLEC for the expense incurred for producing the engineered job design. 19.4 In the event a construction charge is applicable, CLEC's service Application Date wil become the date upon which Qwest receives the required payment. Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 312- Section 20 Service Performance Section 20.0 - SERVICE PERFORMANCE Qwest is currently developing performance measures in a process created by the Regional Oversight Committee (ROC). Qwest wil amend this Agreement when the ROC process is complete to incorporate all aspects of the ROC final decision pertaining to Service Performance. Qwest wil also amend this Agreement when the Commission completes its Performance Assurance Plan that is being conducted separately from the ROC. Owest Idaho SGAT - Second Revision, December 10. 2001 1/25/02IAH for LHIXO Idaho/CDS-020124-0083 - 313- ii Section 21 Network Standards Section 21.0 - NETWORK STANDARDS 21.1 The Parties recognize that Qwest services and Network Elements have been purchased and deployed, over time, to Telcordia and Qwest technical standards. Specification of standards is built into the Qwest purchasing process, whereby vendors incorporate such standards into the equipment Qwest purchases. Qwest supplements generally held industry standards with Qwest Technical Publications. 21.2 The Parties recognize that equipment vendors may manufacture telecommunications equipment that does not fully incorporate and may difer from industry standards at varying points in time (due to standards development processes and consensus) and either Party may have such equipment in place within its network. Except where otherwise explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided said equipment does not . pose a security, service or safety hazard to persons or propert. 21.3 Generally accepted and developed industry standards which the Parties agree to support include, but are not limited to: 21.3.1 Switching GR-954-CORE L1DB GR-2863-CORE AIN GR-1428-CORE Toll Free Servce GR-1432-CORE TCAP GR-905-CORE ISUP GR-1357-CORE Switched Fractional DS1 GR-1298-CORE AIN Switching System Generic Requirements GR-1299-CORE AIN Service Control Point Adjunct Interface Generic Requirements TR-NWT -001284 AIN 0.1 Switching System Generic Requirements GR-905-CORE Common Channel Signaling Network Interface Specification GR-1432-CORE CCS Network Interface Specification Telcordia TR-TSY-000540, Issue 2R2 GR-305-CORE GR-1429-CORE GR-2863-CORE FR-64 LATA LSSGR Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02lHAH for LHIXO Idaho/CDS-020124-0083 - 314- Section 21 Network Standards GR-334-CORE Switched Access Service TR-NWT-000335 Voice Grade Special Access Services TR-TSY-000529 Public LSSGR TR-NWT-000505 LSSGR Call Processing FR-NWT-000271 OSSGR TR-NWT-001156 OSSGR Subsystem SR- TSY -001171 System Reliability Analysis 21.3.2 Transport Telcordia FR-440 TR-NWT-000499 (TSGR) Transport Systems Generic Requirements GR-820-CORE Generic Transmission Surveilance; DS1 and DS3 Performance GR-253-CORE Synchronous Optical Network Systems (SONET) TR-NWT-000507 Transmission TR-NWT-000776 NID for ISDN Subscriber Access TR-INS-000342 High Capacity Digital Special Access Service ST-TEC-000051 & 52 Telecommunications Transmission Engineering Handbooks Volumes 1 & 2 ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface; Annex B 21.3.3 Loops TR-NWT -000057 Functional Crieria for Digital Loop Carrier Systems Issue 2 TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital Subscriber Lines GR-253-CORE SONET Common Generic Criteria TR-NWT-000303Integrated Digital Loop Carrier System Generic Requirements TR-TSY-000673 Operations Interface for an IDLC System GR-303-CORE Issue 1 Integrated Digital Loop Carrier System Generic Requirements TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 315- Section 21 Network Standards Subscriber Lines TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier System and a Local Digital Switch TR-NWT -008 and 303 TA-TSY-000120 Subscriber Premises or Network Ground Wire GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface Requirements TR-NWT-000239 Indoor Telephone Network Interfaces TR-NWT-000937 Generic Requirements for Outdoor and Indoor Building Entrance TR-NWT -000133 Generic Requirements for Network Inside Wiring 21.3.4 Local Number Portability Number Portabilty Generic Switching and Signaling Requirements for Number Portabilit, Issue 1.00, February 12, 1996 (Editor - Lucent Technologies, Inc.); Generic Requirements for SCP Application and GTT Function for Number Portabilit, Issue 0.95, Final Draft, September 4, 1996 (Editor - Ameritech Inc.); Generic Operator Services Switching Requirements for Number Portabilit, Issue 1.00, Final Draft, April 12, 1996 (Editor - Nortel); ATIS, TRO No.1, Technical Requirements for Number Portabilit Operator Services Switching Systems, April 1999; ATIS, TRO No.2, Technical Requirements for Number Portabilty Switching Systems, April 1999; ATIS, TRO No.3, Technical Requirements for Number Portabilit Database and Global Title Translation, April 1999; FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC 96-286; CC Docket 95-116, RM 8535; Released July 2, 1996; FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74;.CC Docket 95-116, RM 8535; Released March 11, 1997. FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM 8535; Released August 18, 1997. 21.4 The Parties wil cooperate in the development of national standards for Interconnecion elements as the competitive environment evolves. Recognizing that there are no current national standards for Interconnection Network Elements, Owest has developed its own Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 - 316- Section 21 Network Standards standards for some Network Elements, including: Qwest Interconnection - Unbundled Loop #n384 Expanded Interconnection and Collocation for Private Line Transport and Switched Access Services - #77386 Unbundled Dedicated Interoffice Transport - #77389 Competitive Local Exchange Carrier Installation/Removal Guidelines - #77390 21.5 Qwest Technical Publications have been developed to support service offerings, inform End User Customers and suppliers, and promote engineering consistency and deployment of developing technologies. For a complete listing and to place orders for Qwest Technical Publications, contact: Faison Ofice Products Company 3251 Revere St., Suite 200 Aurora, CO 80011 800-77-3672 Fax: 303-340-1805 Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 -317 -- Section 22.0 - SIGNATURE PAGE By signing below, and in consideration of the mutual promises set forth herein, and otherg,ood and valuable consideration, CLEC adopts this SGAT and upon receipt by Owest, the Part~s\ agree to abide by the terms and conditions set forth in this Interconnection Agreement. RZa~~~)Signature Qw~ Signature R. CQrO\.'rd 5q\€M.m.e. Name Printedffyped L. T. Christensen Name Printedffyped ::n \ 0'( \J \ e. ?IU S~ d eJ t Title Director - Business Policy Title \ - '2q -02-~/t/~ Date Date Qwest Idaho SGAT - Second Revision, December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 - 318- Exhibit A Idaho' Select th .ppopiate type 01 cotract below. For Locl Billng Type cos doket changes, leave blink: INow ~, " ,, .'" " ".." ,", ',':. .'','..' a.OR...Wholee Wholesale Discoun DistPertaePertaRecurrNonrelTng Cha""-"Cham a.l Whl.sal. DIscount Rat.s 6,1.Sother Idaho 18.25% 6,1,2 Nortern Idaho 19.37% 6.1.3 Southem Idaho Hioh-Volume Customer 6,65% 6.1.4 Nortrn Idaho"'h Vole Cusloers 6.87% a.2 Cuotomer Transfor Cha.. fCTC 6,2.1 CTC fo POTS Serice "',00 6,2,2 CTC for Privat Line Trans Ii Service First Circuit ""2.69 1 Additinal Circi L Off circit sae CSR "'2.69 1 6.2.CTC tor Advanced Communicans Serice_ nAr Circit "'3.'"1"'~ 7.0 Interconnection7.1 Entran Facilils 7.1.1 DSl $91.61 5535.27 7.1.2 DS3 '367.97 '63.95 7.2 US EICT 7.2.1 PerDSl $0.00 $0.00 7.2.2 PerDS3 !L0.00 ''':00 "" ",. co,::\~~~~~,,¡k ~~.'; :' 7.3 Dire Trunked Tr.n... 7.3.1 OS 1 Over 0 to 8 Miles !L7.35 $1.25 DSl Over 8 to 25 Miles L~7.35 '1,82 OS lOver 25 to 50 Mile $37.35 '1.89 OS lOver 50 Miles !L7.35 !Ll.9O 7.3.2 DS3 Over 0 to 8 Miles 257.18 $19.48 DS3 Over 8 to 25 Miles '260,49 '24.24 DS3 Over 25 to 50 Miles $260.77 $26.43 DS3 Over 50 Miles !L259.32 !L'6.35a~~r'.:~.' . ",~, 7.4 Multm..lnn 7.4.1 DS3toDSl '201.88 $298.29 7.4.2 DSl to DSO $199.75 $291.36 7.5 Trunk Nonrocurrlnø Ch... 7.5.1 DS11ntenac First Truk $369.44 1 7.5,2 DS11ntenac Each Additial Trunk $6.16 1 7.5.3 DS31ntenac FirstTrunk !L376.52 1 7.5.4 DS3 Inteac Each Aditional Trunk Sh.26 1 7.a Ex Servlc. lEASlL1 Trac 7.6.1 End off call teinatin "' Minut of Use $0.009 7.6.2 Tanem Switced Transoort Tandem Swiino. oe Minute of Use $0.0032~""'",,~p,~1:'4", .;'. :", Tanem Transision nM Minute of Uee a to a Mile $0.00218 $0.~~7210 AT&T an 1 8 to 25 Miles $0.00218 !L0.0031oo AT&T and 1 25 to 50 Miles !L0.0018 ~0001630 AT&T an 1 Over 50 Miles $0.00218 $0.000090 AT&T an 1 I ' "," :'::;;",: '..:,: . ':: ," ,",', ,','0.,,: ."~~oRi ,"",';:'i"/,;': 7.7 Locl Traffc-FCc.SP Rat. Cao. 7.7.1 MOU for 6 mo. June 14-. 13 '001 "'.001 8 7.7.2 MOU for 18 mo. Dec. 14 2oo1-June 132003 $0.001 8 7.7.3 MOU for 36 mo. June 14 2oo:Wune 13 200 .007 8 7.8 Miscelian~us Char... 7.8.1 Ex_lte Chame LIS Trunks Owfs Idah Access Seric Cat 7.8.2 Cacellatn Chame LIS Trunks)Qwsrs Idaho Access Service Cati.' 7.8.3 Constrctin Chames I ice ice 3 I 7.9 Tran.it Traffic I 7.9.1 Local Trait. pe Minute of Use See Tanem Switching and Tandem Transmision Rates Aboe. Local Transit Assumed MHesve 7 I MILES 7.9.2 IntrTA Toll Owfs Idah Acces Seic Cat~ IntrTA Toll Assumed Miløae 7 I MILES 7.9.3 JoinUv Provided Switced Accs Owfs Idaho Access Serice Ca"" 7.9.4 r",~ 11 Mechanized Recrd Charo. oer Recrd I '0.00187R1 1 I 8.0 Collotion I 8.1 All Colloction I Owt Idaho SGA T Sec Revisi 112512IAH for LHIXO ldahCDS-D0124-83 Dec 10, 2001 Pag 1 0114 Exhibit A Idaho' .)i). .......fit'..........;.....;0..;................................... ........ i.... h.... ....i.....;;............f............~..';..... 8.1.1 Quote Prarn Fee l2125.92 8.1.2 Entrce Facllit. oer Fibe Pair i3.86 53049.98 8.1.3 Cable Solicina Fibe. Per Set-n $4.n Per Fibe Snliced $37.15 8.1.4 .. VoK DC Pow Usaoe. oer Amii. oer Moth 516,41 6.1.5 -48 Volt DC _ Cale ner Foot Per A an B Feeer 20AmnFee $0.20 !l8.73 40AmnFee $0.27 593.20 6OAmoFee 50.29 $104.97 lOOAmoFee 50.22 $140.90 1 200Amn Fee $0.33 l??0.71 1 300Amn Fee l0.49 $304.81 1 400Amn Fee l(.83 5394.21 1 8.1.6 AC Por Fe AC _ Fee - oe Amo. oer Month 120V 519.52 I 208 V Sino Phase $33.3 1 206 V Thre Phase l''I.53 1 240 V Sinnle Phase i39.04 1 240 V Thre Phase !l7.54 1 460 V Thre Phase 5135.08 1 AC _ Fee - oe Foot"' Month 20 Am Sinale Phase l0.0120 58.34 1 20 Am Thre Phase 50.0148 510.34 1 30 Am Sinale Phase $0.0129 $8.99 1 30 Am Thre Phase $0.0177 12,35 1 40 Am Sinoe Phase l(.0152 10.57 1 40 Am Thre Phase 50.0209 14.55 1 50 Am Sino PI 50.0160 12.54 1 50 Am Thre Phase $0.0251 17.51 1 60 Am Sinale Phase $0.02 14.18 1 60 Am Thre Phasa $0.0269 0.15 1 100 Amo. Sinale Phas $0.0252 $17.56 I 100 Amn Thre Phase 50.0394 $27.41 1 8.1.7 Insoe Labr.D8r Half Hor Reaular Hours Rata 527.17 Aft Hors Rate minimum 3 hOrs $35.31 8.1.8 ~eratn $12.92 l323.45Reatin564.69 $325.10 8.1.9 Collocn Terinatns OSO Cable Placen Per 100 Pair Blok or $0.4706 15.96 1 OSO Cae Placen Per Terinatin 50.0088 54.05 1 OSO Cae Per 100 Pair Blok or $0.7447 5341.70 1 OSO Cae Per Terinati 50.0102 54.68 1 OSO Blo Per 100 Pair Blok or 51.2150 Sf 92.83 1 OSO Blo Per Terinati $0.0177 $8.12 1 OSO Blok Placement Per 100 Pair Block or $0.4927 l"6.10 1 OSO Block Placment Per Terinatin Sl.007 $3.10 1 OSI Cable Placeen Per280S1 Blo or SI.54oo 376.19 1 OSI Cable Placement Per Tenninatin 50.0581 0.45 1 OSI Ca Per 28 OSI Blok or 50.56 94.48 1 OS1 Cable Per Terinatn $0.06 2.42 1 OSI Bloks Per 28 Blo or $0.6427 7.74 1 OSI Bloks Per Tenninatn $0.0773 53.83 1 OS 1 Blok Placent Per 26 OS 1 Block or 50.1104 76.90 1 OSI Blok Placent Per Terinati 50.0119 8.27 1 OS3 Cabl piamen Per Terinatin l0.200 l139.35 1 OS3 Ca Per Teratn l0.369 $254.74 1 OS3 PanConnec Per Terinaon 50.3749 $261.15 I OS3 Pan I Cone Placement Per Terinatn 50.0276 519.21 I oen Ternat OCn Terinats. Per 12 Fibe Undei Unde Oevelome Oevelomen Cae Rackin forOCn Terinations. 1st 12 fibers Undei Unde Oevelomen Oevelomen 8.1.10 SecuriChame Per emDlve. oer Card $0.86 I Centrl OffIce Secritv Inlratilure 57.00 1 8.1.11 Connsi!e Clok I Cetr Ofce Svnhronizan SYnchronIzatin - Comnnsit Cl n." Port l7.44 1 8.1.12 S ac Availabilitv Charae 53.05 1 8.1.13 Collocatin Soac Resation Fee he ch""e will be 25% 01 the NoRecrrnn Fee 8.1.14 Collocation Soae ODtin Administrn Fee 51889.18 1 8.1.15 Colloctin Snac Dntin Fee $2.00 6 8.2 Virtual Colloion Ow! Idah SGA T Sec RevIsion112S102IAH for LHIXO IdahC05-0124-83 Decmbe 10, 2001 Page20114 ExhibllA Idaho' it i .......('........i'i'i'. .....'.i.i..'..........i./...........i.................,....i........7'-;'.'2...".. 8.2.1 Maintenance Labor ner Half Hour Ronular Hours Rat ~24.06 Alt Hours Rat "'~2.01 8.2.2 Trainino Labr. oe Half Hour RAnular Hours Rate 524.06 8.2.3 Eoulomet Bav -rurrno .. shelf $7.44 8.2.4 Enaineerino Lar. oe Half Hour Reoular Hours Rate "'3.47Alt Hours Ra ~31.41 8.2.5 Instaatn lar ner Half Hour RMuiar Hours Rate 527.17Aft Hours Rat ~35.31 8.2.6 Flor Soac Leae. oe souar fot ZOne 1 --75 ZOne 2 $2.26 ZOne 3 52.06 8.3 Ca..s. Phvslcal Colloction 8.3.1 Quote P""aron Fee 4575.97 1 8.3.2 SDSce Constrn 2 Bavs and 1 . 40AMP Por Cable "'~2.86 522893.54 1 Eac Additinal Bav ..48 $3121.22 1 Adiusbnent for DC Por Cable. Chanoe to Staard De"'n 20 Amn-Initial Fee Onlv Per Initial Por Fee .U.28 .to 84.44 1 30 Amn-lnitial Fee Onlv. Per Initial Po Fee -52.09 .tl457.92 1 60 Amn-Initial Fee Onl. Per Initial Po Fee 't.87 52001.40 1 Each Additinal Bav. Pe Bav --58 -."191.33 1 Adiusbnent for DC Powr Cabl . Additiona Po Cables 20 Amn-ac Additinal POM Fee $8.42 $4469.69 1 30 Amn-Eac Additnal Po Fee 07.31 55089.06 1 40 Amn-Each Additna Po Fee $8.82 lI 146.37 1 60 Amn-ac Additinal Po Fee ~11.12 $7748.42 1. 8.3.3 Flo Snac Leas ner Snuare Fot ZOne 1 ".75 Zone 2 ".26 ZOne 3 ~'.08 8.4 Ca~d Ph-slcal "ollotlon 8.4.1 Qute Preara Fee ~4 912.95 1 8.4.2 S ia Constict ile Uo to 100 so Ft Cane an 1 60 Amo Fee 553.99 u7613.46 1 ~e .101 s'mr tCae an 1 60 Am. Fee ...7.5 $3333.25 1 ~e . 201 Sn , Ft Cone and 1 60 Am" Fee "9.19 $41231.86 1 "'e . 301 Sn , Sn Ft Cooe an 1 60 Amn Fee 062.03 l,3215.49 1 S ace Costuetn . Fenclno Creit:o U. to 100 So Ft .t8.22 --723.12 1 Cane 101 .20 So Ft -=0.24 -;it'" 135.89 1 :.e 201 . 30 Sn Ft -511.51 .~8015.1 -e 301 . 400 Sn Ft .~12.71 .t8851.38 1 Adlusbnent for DC Powr Cable. Cha to Staard Des"'n 20 Am Initl Fee Onl Per Inital Powr Fee -512.72 -:s 858.70 1 30 Am Initial Fee On"'. Per Initial Powr Fee -511.58 -~8 08.08 1 40 Am Initi Fee OnlY Per Initi POM Fee -~9.20 .t8405.91 1 100 Am Initial Fee Onlv Per Inital Po Fee 014.08 $9806.73 1 200 Am Initial Fee Onlv Per Initial POM Fee $44.94 ..~1 307.83 1 300 Am Initial Fee Onlv. Per Initial Po Fee $82.46 -- 442.22 1 400 Amn Inial Fee Onlv. Per Inital POM Fee .126.82 . tAR 350.55 1 DC Po Cae . Added Powr Fes 20Am . Each Additinal POM Fee $7.98 ...55.93 1 30 Am . Each Additnal POM Fee 08.79 lI 120.82 1 40Amr . Each Additnal POM Fee $10.51 ~7 318.99 1 60 Am . Eac Additinal Po Fee l17.34 --12081.83 1 100 Am . Each Additional POM Fee $28.22 $19861.58 1 200 Amn . Eac Additinal Po Fee 552.54 ~36599.82 1 30 Amn . Each Additional PàW Fee ~82.61 ...7551.12 1 400 Amn . Each Additonal POM Fee 0117.30 $81714.95 1 8.4.3 Gioundin 21 AWG . ner Foot ".0137 $9.55 1 I/O AWG. ner Foot $0.0241 016.82 1 4/0 AWG. oer Foot 00.0282 l19.63 1 35 kcmil- oer Foot $0.0369 .25.69 1 50 kcmil. NW Foot $0.0424 $29.55 1 750 kcmil- nA Foot $0.064 LU.89 1 8.4.4 Flor SDsce Leae. oe Souare Foot loe 1 52.75 ZOne 2 ~2.26 ZOne 3 02.06 8.4 Adacent Colloction ICB 3 Owt Idaho SGA T Secnd Revision II25102lHAH for LH/XO ldahoCDS-Ð0124-3 December 10. 2001 Pag30f14 ExhlltA Idaho' " iiiiii),.'i)ei // ,.,".',i". "'"...,'.,'/i'..."'.""."" ',....~,', '.",/"/ ' 8.5 Remoe C"'I~~lion 8$.1 Ph""icl Remte Collotion Snac (oar Slandai Mountina Un""".99 ~862.76 6 FOI Teninatns (oer binerarouol .58 --.53 6PoSee CollonRate 8.5.2 Adacl Rem Colln iea 3 8.5.3 Virtal Remte Colocati Soac "0.99 $86.76 6 FDITeninatons Ini binder nroun\"0.58 .'1.'5.53 6PoSee ColotiRat Manteance Labr (ner 112 hori Under De"¡;"menl Reoular Hours Rat All Hours Rat TNlininn Lar Under 0 R""ular Hours Ra Enoneenno Lab (~r 112 hour'UnderDev.. Ronular Hours Ra Aft Hours Rat Inslallatlon Labr loe 112 hour Under Devei-t R~.lar HoUl Rat All Hours Rat 8.6 CLEC 10 CLEC 8.6.1 Deson Enoineeno & Instalat - No Cable .R?1.0 1 8.6.2 Ca Rac"" Per Foot DSO $0.1441 1 DSI "".1547 1 DS3 "".1300 1 8.6.3 Virtal Cone (if apicabl - Cones only No caes DSO Pe 100 Connecns -bOO.l 1 OS 1 Per 28 Conneon .93.1 DS3 (Pe 1 Connec'.6.3 1 8.6.4 Cae Hole if Aoolicable $463.31 1 8.6.5 ClEC to CLEC Cros Connecn .?66.6 1 9.0 Unbundlod Network Elemo "INEa' 9.1 Intrconnoetion Tie Pairs /ITPI- Per Termination 9.1.1 DS02..re $0.83 9.1.2 DSO 4-re .1.67 9.1.3 DSI Per ea Taninatn --29 9.1.4 DS3 Per ea Taninatin "29.03 9.2 Unbundled i ~ 9.2.1 An"" Loo"" 2-Wire Voice Gre $25.5 See Innoptins. Se 9.2.4 4.Wlre Voice Gre See Instalatnoptis. Secn 9.2.4 Zone 1 $42.2 1 Zone 2 $52.71 1 Zone 3 ~'8i."'1 9.2.2 Non-ad Looos2..re Non-aded Lo $25.5 se Inslallatn optins. Secn 9.2.4 and See also Secn9.2?~ 4-re No..loed Loop See Instalatnoptis. Secn 9.2.4 and seai~.;~on Zone 1 "'2.2 1 Zone.2 ~2.71 1 Zone 3 "82.0 1 Loon Unloadina .9,00 Looo Conditiino .22.00 9.2.3 D;"ita "'~nable Lons Basic Rat ISDN I xDSL.1 Capable I ADSL Copatible Loop $25.5 se Instalatn options. Secn 9.2.4 an See~;~n Qwstldalo SGA T Secnd Revisio 1125J02lHAH for LHIXQ ldalolCOS.Q20124-3 Decr 10. 2001 Page40f 14 Exhibit A Idaho' ":.',....i".\:,':,X,......,...,.....,C.,... ......."'.....,\:,.'.'¡\¡..¡:...;::'¡,x.i/.'1/' ,...:. os 1 Caable Loop See Instalatoptins. Sec 9.2.5 ZOne 1 '91."1 ZOne 2 '91.'"1 ZOne 3 $105.7 1 OS3 Cae Lop See Instala optins. sen9.2.6 ZOne 1 $1018.0 1 ZOne 2 .1032.2:1 ZOne 3 .1366.7 1 OC n Capable Loo Selns_nopti. Secn 9.2.7 OC-3 $896.7 5 OC-12 $1.382.0 5 OC-48 $3.65.si 5 2-Wire Extesi Tecnolo $22. 9.2.4 Lop Instalati Ch8les lor 2 & 4 wire Anal / Non-oa. AOSL See reat Compabl, ISDN BRI Caable an xOSL . I Capable Lo wh moly conditining is not reuire.reurnng Lopchamesatve. 9.2.4.1 Basic Instalatin First '11.03 Each Additinal $6.07 9.2.4.2 Basic Installatin Vtth Perfanc Testinn First .17.n Eac Addital $8.99 9.2.4.3 Cordinat Instalatin wilh Copee Testing / Proec Cordina Installati (25 or mo OSO Unbundle Loops) Firt "46.44 1 Eac Additinal $144.97 1 9.2.4.4 Cordina Instalati wiut Co~ree Testi~ Firt -.04.09 1 Each Additinal $87.97 1 9.2.4.5 Basic Installat wi Corative Testino First .204.88 1 Each Additinal $144.97 1 9.2.5 OSI Loop Installat Charg See reate montly rernng Loop..h....es above. 9.2.5.1 Basic Installatn First $184.09 1 Each Additional .125.75 1 9.2.5.2 Basic Installatn wi Peronnance Testi~Firt --.48 1 Each Additnal 0022.40 1 9.2.5.3 Coinate Installatin wi Copeve Testing I ProjecCoinate Installati First $365.4 1 Each Additinal $222.40 1 9.2.5.4 Cordinated Installan withut Coiirave Testino First '193.56 1 Each Additnal .135.22 1 9.2.5.5 Basic Instal wilh CO..lie Testi~ Forst ""3.4 1 Each Additinal 0222.4 1 9.2.6 OS3 Loop Instalaton Ch8les See relat monlhly reurnng Loo chames abve. 9.2.6.1 Basic InstaUøtn First $184.09 1 Each Additinal $125.75 1 9.2.6.2 Basic Installation Ytth Pennnance Testino First $323.48 1 Each Additial $222.40 1 9.2.6.3 Cordinate Installatn wilh Corave Testin9/ Proect Cordinate Installatn First '36.04 1 Each Additinal $22.40 1 9.2.6.4 Coftinat Installatin witht ConAye Testinn First .193.56 1 Each Additinal $135.22 1 9.2.6.5 Basic Install with Cooetive Testinn Owtldaho SGA T Secnd Revision 1125102lHAH fo LHIO ldahoCDS-l0124-3 Deember 10.2001 Page 5 of 14 Exhibit A Idaho' ......i~.;,....., .,;..... ...~.. ...... ..... ....... ..... ;""".'( ;:?...." :..' 'c"" ..... .,';:,";;..:;......:.;.;:.;.~, First 5323.4 1 Eac Additinal ~222.4 1 9.2.7 OC 3.12,48 lo Installatin Charges Seereate mon1ly =~"9~~. 9.2.7.1 Basic Instalati First 5184.09 5 Eac Additial 5125.75 5 9.2.7.2 Basic Installan with Perfonnance Testi First $323.48 5 Each Additinal 5222.40 5 9.2.7.3 Coina Installaton..th Co-ratie Testinn First °365.04 5 Each Additinal 5222.40 5 9.2.7.4 Cordinate Instalati wiut Co""rave Testin" First ~193.56 5 Each Additnal 5135.22 5 9.2.7.5 Basic Install wi Cooetive Testinn First $33.4 5 ~ach Additinal $2""5 9.3 Subl~ 9.3.1 2"Wire Distrn Loon 5115.29 1 Each Additial 2.Wire Distrbutn Loon, annlies to both analn an non-~33.09 1 ZOne 1 513.18 1 Zoe 2 "18.27 1 Zoe 3 .. ""8.97 1 9.3.2 Intruildi Cabl Lon 50.91 1 Intr&-htildi Cae No Disnat Fift 58.82 5 Intruildi Cae No Disoath Each Additnal 24.54 5IntruildiCae Disoatc Fllt 104.23 5 InlJ8uildi Cable Dis""tc Eac Additinal 34.66 5 9.3.3 OS 1 Canae Fee Lnn ~336.68 1 Each Additn OS 1 Cae Feeer Loon "238.81 1 Zone 1 '81.84 1 Zone 2 $81.61 1 Zone 3 ~95.90 1 9.3.4 MT Temnal Sublon Acc Subl MTE - POI Site Inventorv (ne reuest 5283.91 5 MT'. POI Reanement 01 Facilites ICB 3 MT . POI Constron 01 New SPOI ICB 3 9.3.5 Trouble Isoat Chare SeeMSC Chames 9.3.6 Feasibi'FeQuo P ran Fee '1704.41 1 9.3.7 Conslrcton Fee ICB 3 9.4 Un Sharlna 9.4.1 Share Loo. oer Loo tooo 538.15 1 9.4.2 OSS -Order ".5 1 9.4.3 Reclassifca Chame ICB 3 9.4.4 Sol_ShelCh""ú.45 ~'¡47.06 1 9.4.5 Sol_ TIE Cable Connens Solittin th Comon Areata to 410 bID""--"'.12 $2 871.78 1 Sol_ in the Commn Arat dire to CLEC 04.38 5305.61 1 SnI_on th 101". Data to 410 Blok ~1.25 $873.48 1 Snl_ on the 101" . Dat dire to CLEC 52.47 ~1719.72 1 Snlitton th MDF-at to 410 block ~1.30 5903.75 1 Soliiier on the MOl" . Data dire to CLEC 52.93 ~2 039.40 1 9.4.6 Eooineeoo '1331.46 1 9.5 Network Int.. Da 'NIDI ~0.51 ~60.79 ..;':;':.'i;.¡'.:.ii.,:..:;;:';;::¡;::..::::;;:~;,;:;¡¡ :::::'::::::::::,:,:.,.:': 9.6 Unbundled Dedicated Interoffce Tran...rt 'UDITI 9.6.1 DSOUDIT "320.28 1 DSO Over 0 to 8 Miles '24.67 $0.29 1 DSO Over 8 to 25 Miles ~?4.69 '0.23 1 OSO Over 25 to 50 Mile $24.66 $0.15 1 OSO Over 50 Miles $24.69 ~0.05 1 9.6.2 DSI UDIT '367.09 1 DSI Over 0 to 8 Mit 536.43 ''1.07 1 OSI Over 8 to 25 Miles ~37.26 516.78 1 OS 1 Over 25 to 50 Miles ~39.12 ~21.34 1 OS lOver 50 Miles 537.77 ~14.83 1 9.6.3 DS3UDIT '367.09 1 DS3 Over 0 to 8 Miles 5238.1 '54.07 1 OS3 Over 8 to 25 Miles 5242.03 ~16.78 1 Owst Idah SGA T Sec Revision 1125102JHAH for LHIXO Idah5-20124-83 Decmber 10. 2001 Pegè60114 ExhibilA Idaho' "",.,"., ii"..'..,..,. .; 'ii..i.jii "~iii,'iii"i.."",...':;;'i " ".'i ..~:,:..'iii DS3 Over 25 II 50 Miles $223.90 "-"1.34 1 DS3 Over 50 Mile $235,64 "-14,83 1 9,6,4 QC3UDIT ~""7.09 1 QC Over 0 II 8 Miles $768.65 .191.90 1 QC Over 8 II 25 Miles l774.12 $6.26 1 QC Over 25 II 50 Mile $744.04 l79.84 1 QC3 Over 50 Mi $763.12 $5.34 1 9.6.5 QC12 UDIT .'67.09 1 QC12 Ov 0 II 8 Mil .'143.96 "-79.93 1 QC12 Over 8 II 25 Mil .'143.96 $82.42 1 QC12 Ovr 25 II 50 Miles $2143.96 $92.25 1 QC12 Over 50 Mile $2143.96 110.45 1 9.6.6 0c.8UDIT II ~""7.09 1 0C4 Over 0 II 8 Miles $7071.62 1 0C4 Over 8 II 25 Miles l707162 1 0c.8 Over 25 II 50 Miles .7071.'1 0c.8 Over 50 Miles .7071.6 1 .....,....I.:~Il 9.6.7 DSO UDIT Lo Side Channeliztion .13.79 1 9.6.8 Multinlexi~ DS3II DSI l255.11 $2672~1 OS 1 II DSO H;"h Side $28.07 "-284.63 1 OS I1OS0 Low Side Channelizan -.7.87 249.4 1 9.6.9 UDIT Rearrement DSO Sinole Ofic l183.31 1 DSO Dua Otce l227.84 1 H;"h Can".,tv Sinole Ofice $247.93 1 Hiah Caoatv Dual Otce "-'76.67 1 9.6.10 Exteded Unbundled Dedicate Inte Trans"" DSI E-UDIT $89.63 CA7.89 1 DS3E-UDIT $513.44 "'27.89 1 QC3E-UDIT $427.89 1 Co Node "-815.26 1 Remote Node $530.90 1 QC12 E-UDIT "'27.89 1 Co Node $1'56.78 1 Remte Noe l1072.90 1 QC8 E-UDIT "'27.89 1 Co Node $3299.9 1 Remte Node $335.4 1 9.7 Unbundled Dark Fiber UDFI 9.7.1 Sinoe Str Incren - 1 Fib Ternatn Fixed 1 FibrlOce $5.77 5 Fibe Trasooi1. De Mile 11 Fib $68.24 5Fibe Crne/1 Fiber .'.39 5 UOF-Loo Chames - 1 FibeTenina Fixed 1 Fiber/Ofce "-~.77 5 Terinatn Fixed 1 Fier IPre "-196.27 5 Fi Lnn .. RoutI Fib "'~.16 5 Exlened Unbundled Dar Fibe E.UDFI- 1 Aber Terinatn Fixed 1 Fiber/Otce $577 5 Ternan Fixed 1 Fib IPre -~96.27 5 Abe Transooi1. De RoutI Fibe $5.16 5 9.7.2 Initl Recrts InnuiN flRI Simme $262.38 1 Commex -'30.01 1 7 "-1 nADD'1 9.7.4 Fiel Verfiti ll=nnineenn Verfiatn'36Q.1 9.7.5 UDF-IOF Chll Orter Chame oer 1 sl Pair or StrndlRouterter $618.22 1 Orter Chame Eac Aditinal ~r Pair or StrndlSame Route .282.77 1 Terinatn Fixed Per Pro I Ofce .7.73 1 Fibe Transoort. ner Mile I Pair .74.70 1 Fibe Cronnec Per Pro / Offce ...29 -'-22.14 1 9.7.6 UDF-Lon Chames Orter Chame De lsi Pair or Strnd/RoutOrter $618.22 1 Orter Chame Each AdditionaL. ner Pair or StrndlSame Rout "282.77 Terinatin. Fixed Per Pr.t OffIC 08.18 1 Teratin Fixed Per Pr.lPre $7.34 1 Fibe Loon ner Router Pair "-169.64 1 Fibe Crs-Cnnec Per Pro I Offce ...29 $22.14 1 9.7.7 Exteed Unbundled Dark Fiber E-UDF Orter Chame -lsI Pair or StrndlRoutOrter "-.18.22 1 Order Chame Each Additinal nef Pair or StrSame Route $282.77 1 Ternatn. Fixed PerPr.lOfce .8.18 1 Termnati Fixed Per Pr./Prem..7.34 1 Fiber Transoort. oer RouteIer Pro -"69.54 1 Fiber Cro..nnec Per Pr./OflCe ...29 "-22.14 1 Owi Idah SGA T Secnd Revision 1125/02/HAH lor LHiXO IdahoCD5-0124-83 Decembe 10. 2001 Page 70f 14 Exhibit A Idaho' i . . . .:.. . Dar Fibe Snlice 9.8 Shared Tran...rt 9.8.1 Per Minute of Use - TELRIC Based Ra 9.9 Unbundled Custo..r Conroled Roarrn_nt Elemont Ur.CREI 9.9.1 DS1 Port 9.9.2 DS3 Port 9.9.3 Dial Un Acces9.9.4 Attant Acc9.9.5 Virtal Port 9.10 Lol Tandem Swltlnn 9.10.1 DS1 Lo Mess""e TlUnk Port. Per Onler 9.10.2 DS1 TlUnk Groun - FirstTlUnk. PerOnler 9.10.3 DS1 TlUnk GIOD - Each Additional Tiuk . Per Onler 9.10.4 Per Minute of Use 9.11 Locl Swhchlnn 9.11.1 Locl Swichi"" . TELRIC Base Rat Analo Line Sid Port First Port Each Additnal Port or cocurrtiv wilt an unble lo! Preium Port Eac Additnal Premium Port 9.11.4 Veral Features10XX Dire Dialed Bloki"" Accunt Coes ~ oe sYSteAttant Accs Line. statin line Audible Mess""e Waitnn Autrizatin Coes . "" suste Auto Callbac Automatic Line Automatic Route Seecon. Common En.."'. - s~teBlck"' of "" .. cal serviceB_i"" CaIDroD Call Exclusio. Automatic Cal Exclusi. Manual Cali F_ Do't Answ. Al Cals Call Fo'" Incomi"" Onlv Call F_i Int GrollD Onlv Call Fo'" Varable Remte Call F_I : Busv Line EXDanded Call F_in : Busv Line Exteal Cal Fonli : Busv Line Exteal Don't AnswCall Foino: Busv Line Over Call Forwnl'nn: Busv Line Overf Don't Answe Call Fornlina: Busv Line Pmommable! Call Forw8nfna: Busv Uneln' Answe Pmarammable Svc. Estalishment CF DONT ANSWERlCF BUSY CUSTOMER PROGRAMMABLE. PER LINE Call Forwi : Busv Linelon't Answe Exnanded\ Call Forwi : Don't Answer Call Forwnlin : Don't Answer IExnaed Call Fonli : Don't Answe IPmorammable\ Call Forwnlin : Varabe Call Fornlina: Varable. no cali comnlete ontin g::~CaII TransferCai~ Store & Reieve\ CallPickun Call Trasfer Cali Waiti"" Dial Qrinatina Call Waitino Indica. oa tiina sta Call Waitino Orialatna Call Wai"" Teninatinn . All Cals Call Waiti"" Termnat"" -Incomi"" Onlv Cal WaitinDl Canc Cal Waitina CENTREX COON EQUIPMENTCenlrx Manaaem Suste CMS Conlrx Plus DID numbe .. numbe Centrx Plus to Cetrx PlusCelrx Plus to IC CSl Celrx Plus to PBXlev Blocked Cetr Plus to PBXlAV Non-locked CFBL - All Calls CFBL . Incomina Onlv CFDA Incmi"" Onlv CLSS - Anovrus Call Reion CLSS. Call Trae CLSS. Cal Waitinn 10 CLASS. Cali"" Name & Number _CL~~: ~::::.Blockina CLSS. CLASS. CLACL Iina n Conferce Custom Ri i First Line Shortonn/ShortCutom Ri i First Line (~15 Custom Ri i First line lSheCusto Ri i Secnd Line ISho hort Cutom Ri i Secnd Line (ShortShort Owt Idaho SGA T Secnd Revision 1/25/02AH for LHIXO Id~CDS-020124-83 Debe 10. 2001 Pee801 14 exhibit A Idaho' ....xi...i i;;i";. ..........;.;..,.;i......;.i i,...................',"Îi;..';............ Custom Rinaina Secnd Line IShortShorlnal $0.00 Custom Rinaina Thin: Line IShortonSho $0.00 Cuto Rinin Thin: Line ¡ShoShort)-$0.00 IJ--' $0.00 100 $0.00arrooemt$0.00 $0.36 1 $0.00 $20.97 1 $0.00 $20.97 1 WaitiM $0.00 $41.93 1 $0.00. et Inteac - oe stti fine $0.00Execve Busv Ovete $0.00EXnAnsive Rou Wamina Ton pe sYStem $0.00 $74.79Faclilv Restrct Level. oe svste $0.00 $4.01 1 FeatreOisDlav $0.00 Gro Intem $0.00 $0.47 1 Hot Line- Der line $0.00 $1.05 1 Hunti : Mult slti Circlar Hunti $0.00 Hunti : Multi iti Hunt Queuino $0.00 $40.13 1 Hunt :Mul'IStian Ser HuntiM $0.00Hun: Multi itn with Anncement in Queue $0.00 $40.13 1 Hunti : Mult siti iM Music in Queue $0.00 $42.38 1IncoiCals Bai $0.00Inteatinal Dire Dial Bloina $0.00 ISDN Short Hunt $0.00 $1.77 1 Line Side Answ Suoeision $0.00Lousnêer PaaiM . De trnk OlOn $0.00 $183.60 1 Make Busv Arroements - oer orouo $0.00 $0.69 1 Make Busy Arremnts . oe line $0.00 $0.69 1 Mesaae Cete. oe main statin line $0.00 $0.36 1 Meaae WaitiM Indicatin Audlblelisual $0.00 Mesaoe Waili Visual $0.00 $0.36 1 Music On Hold. De svstem $0.00 $24.06 1N_ Soe Cal $0.00 Nloht Seric Arrnoent $0.00 Ou aiM Cals Bai $0.00 Ou ina Trunk Ou.$0.00PriReleas$0.00 $0.49 1 Qu Time $0.00 $0.36 1 S.. Callina 1 Diclt Contrller $0.00 Saee calNna 1 Dicit Use $0.00 Soe Caina 1# List Individual $0.00 S -call"2 Din Contrllr $0.00S -Cai 2 Dloit User $0.00 S eecalN 2# List Individual $0.00 S eeCaifi 30 Numbe $0,00S ee ca 8 Num .$0.00 Station Ca ..n Serice. De main sta $0.00 $0.36 1 Stati Dial Conletcina 16 Wav)$0.00 Stati Mesaae 0_1 Recn:ino ISMDR $0.00 Thre Wav Calin $0.00 Time and Dat Disolav $0.00 Time 01 Dav Contrl lOt ARS - oer swte $0.00 $130.86 1 Time 01 Dav NCOS Uodat $0.00 $0.56 1 Time of Dav Routino . ner line $0.00 $0.54 1 Toll Restrcton Serice $0.00 Trunk Answe Anv Statin $0.00 Trunk VerflCtion frm OeskJnated Stan $0.00 $0.41 1 UCD in hunt arouD . oer line $0.00 $0.69 1 UCD with Music Altr DelAY $0.00 CMS. SYSTEM ESTABLISHMENT -INITIAL INSTALLATION $1010.50 1 CMS. SYSTEM ESTABLISHMENT. SUBSEQUENT INStALLATION 550.25 1 CMS . PACKET CONTROL CAPABILITY PER SYSTEM 550.25 1 SMDR.P . SERVICE ESTABLISHMENT CHARGE INITIAL INSTALLATION 5352.88 1 SMDR.P. ARCHNED DATA $184.39 1 9.11.3 Subseuent Oner Chame 513.94 1 9.11.4 Dloital Line Side Port SunnortM BRIISDN 1 First Port 513.74 5243.53 1 Each Additinal Port $13.74 5243.53 1 Prium Oiaital Po $15.95 1 9.11.5 Dioital Trunk Port OS 1 Local Mesaae Trunk Port 553.84 1 Messaae Trunk GrUD. First Trunk 5178.44 1 Messaae Trunk GrouD. Eac Additional 549.79 1 DSI PRIISDN Trunk Port 5198.19 562.26 1 OS 11 DID Trunk Port ~2.43 218.31 1 9.11.6 DSO Anal Trunk Por Unbundle Analo DSO Trunk Port Fst Port $14.51 5130.ll 1 Each Additial Port $14.51 531.71 1 9.11.7 Locl Usaae. "' Minute 01 Use ~0.0029 9.11.8 Lol Swhchlno . Market Baled Rat..Thee rat are onlv available in Zoe 1 Wire Cete 9.12 Customize Routinn 9.12.1 Oevetpment of Custo Line Class Coe Direry Assistace or Opera 324.3 5 i I 9.12.2 Installatin Charge. per Swih - Direry Assistance or Operr Seric 237,6 5 Routing Only 9.12.3 All Other Custom Rautino ice ICB 3 9.13 Com Channel SionaiinotSS7 9.13.1 CCSAC STP Port 5214.99 $457.90 1 Owtldaha SGA T Secnd Revisin 1125/02AH lor LH/XO ldahCDS-020124-3 December 10. 2001 Pae 901 14 Exhibit A Idaho' .ii ...... ./i(.i'./..i...n.i ...........i ......i(/!.;n......../(;.;......;i ....~~...,. 9.13.2 CCSAC Dotis Actvaton Charue Basic Traslatns First Actvatn "' On:er 5119.95 1Eac Additial Actat "' Oner ~9.96 1 CCSAC ODtiS Datbase TraslnsFirst Actat De Oner -°139.87 1 Eac additnal Actatin On:er .'9.75 1 9.13.3 S",nal Fonnulatin ISUP Per Call Set-Un R-uest 50.00244 1 9.13.4 S",na TransDa. ISUP Per Call Set.UD Renuet l0.00178 1 9.13.5 Siaal TransDa. TCAP. Der Data Renuest -..~~19 1 9.13.8 Siona Swiino. ISUP Per Call Set.Un R-uest .0.0083 1 9.13.7 Sinna Swi~ TCAP Per Data R""est $0.007 1 9.14 Add Intell~nt _or lAIN 9.15.1 AIN Customized Serice lACS ICB 3 9.15.2 AIN PI_nn Acces IAPA ICB ICB 3 9.15.3 AIN Qu"' Proino. De Quer ICB 3 9.15 Linelnforon Databa.. IUDB' 9.15.1 LIDB Sioe NoCh.. 9.15.2 Line V_liatn Administrtin Svste Access ILVAS IN 3 LtDB Line Recn: Inital Load Un to 20 00 Line Recs ~2 601.00 6 Over 20 00 Line Recs ICB 3 Meanized Serice Accunt Update. pe Additn or Updat Pro ICE 3 Invidual Line Recn: Audit i 3 Accunt GruUD Audit -i"'.3 Exoedil Renuet Chare lor Manual Uodates I 3 9.15.3 LIDB Qu"' Serice "' n...N 50.003 1 9.15.4 Fra Ale Nolin ner Aler NoChame 9.16 8XX Da.. e.!lrv 9.16.1 Basic QueN nA QueN l(.020817 1 9.16.2 POTS Traslati $0.00008 1 9.16.3 Call Hanlino & Detiatin Fe $0.0~145 1 9.17ICNAM PerQ'~~0.00768 1 9.18 Constructon Ch.r..lCB ICB 3 9,19 Miscellaneous Char~... Per 1/2 hour ft frct theref . Additnal Enoieena - Basic .11 1 . Additional EnolnerinC - Overe ¡¡¡(96 1 . Addital Labr In.lallan - Overme 9.41 1 . Aditinal Labor Installatn Preium 18.83 1 * Additinal labr Oter - Basic 8.86 1 . Additinal Labor Oter - Ovel1me 538.55 1 . Additinal Labor Ot - Preium -u8.25 1 . T estina and Maintenance - Basic ."".86 1 . Testioo an Mainteance - Overme $4.96 1 .. Testino and Mainteance - Preum 551.5 1 .. Maintece of Serice - Basic 528.86 1 . Maintenan of Serk:e - Overtme 538.55 1 .. Maiteance of Seic - Preium .25 1 . Additinal COOP Accntance Testinn. Basic 0.66 1 . Additnal COO Acconnc Testina - Overme 0.96 1 . Additnal COOP Acctace Testino - Premium 1.25 1 . NonScheduied COO Testino . Basic 0.66 1 . NonScheduled COOP Tostin Overme 0.96 1 . NonScheduled COOP Tosti -Preum 125 1 . NonScheduled Manual Testi -Basic 530.66 1 . NonScheduled Manual Tosti -Overme ..0.96 1 . NonSceduled Manual Testi -Prium .'1.25 1 . ('~tive Schedule Testi . Lass ~0.09 1 . Co-rative Scheduled Tes". C MessAne Noise $0.09 1 . Coneve Scheule Tosti . Balnce 50.35 1 . COve Scheduled Testi . Gain Slone .0.09 1 . Co~rave Scheduled Testi . C Noteino Noise ~0.09 1 . Maual Schuled Testi . Los ~0.17 1 . Manual Scheduled T-ti . CMeslUe Noise 50.17 1 . Manual Schuled Testi . Balance l0.69 1 . Manual Scheduled Testin . Gain Slone 50.17 1 . Manual Schedule Tosti . C Notched Noise '0.17 1 Additinal DiSDAtch .87.98 1 DateChane ~10.82 1 Des;nnCh""~77.07 1 ExnAite Chame ICB 3 Cacetin Charn ICB 3 9.21 Channel Re~neraion OS 1 R""enertin 512.92 'L"i23.45 DS3 RODenerati 584.69 °325.10 9.23 UNE "omnaions 9.23.1 UNE . P Line Snliff Baic Instalati Cha-Ior UNE-P Line Snlitt~7.67 1 Qwtldaho SGA T Secnd Revisio1125102AH lor LHIXO IdahCD5-0124-3 Dec 10. 2001 Pøgel0of14 ExhibilA Idaho' ,..L .......d..................L................................... ............,...................... ,........ 9.23.2 UNE-P Coverston Non.Recumna Charaes UNE-P POTS CENTR Anai PBX Trunks First $0.71 1 Eac Additinal $0.14 1 UNE-P Pal Manual First $16.94 1 Eac Additnal $2.82 1 UNE-P PBX DID Trunks First 52.86 1 Eac Addital $3.26 1 UNE-P ISDN BRI First $27.78 1 Eac Additial $3.26 1 UNE.P ISDN PRI OSS oe OS 1 Facitv $24.90 1 UNE-P ISDN PRI DSS. DerTrunk First $25.86 1 Each Additna $3.26 1 9.23.3 UNE-P New ConnecDn NDn-ecrrno Cham.. UNE.P POTS Cetr Ana! PBX Trunks First $57.78 1 Each Additinal $16.58 1 7 Each Additinal $1926 1 UNE . P PBX DID -.. Truk $182.58 1 UNE . P ISDN BRI 53.65 1 UNE - P Trunk DSS Basic Trunk .In Onlv. Out Onlv. or Twi Way $86.44 1 DSS ISDN PRI Adv. Truk. In DnOv wllD & Huntno. or 2 Way wllD Hunti"" & Ans_ Sun'v $86.88 1 DSS ISDN PRI Adv. Truk. Out Onlv wtA__ Sun'v $86.44 1 Facilities for UNE . P DSS UNE. P ISDN PRI 051 LoaD Faclity efor Basic TRlnkl + Multiolexina $4.11 5 OS 1 Loon Faclitv Ifor Advance Trunks $152.75 5 DS3 Loon Faclitv $152.75 5 UNE . P PRI Confiaurans UNE.P PRI Deica PRI 23 + 0 $711.07 1 UNE-P PRI Dedicate PRI 24 $682.09 1 UNE-P PRI Dedicate PRI 23B + Back-tn 0 Confiaurn . 5E 5688.57 1 9.23.4 UNE . P Owt DSL See applicae Owt tel Tarff. calo. 0nri""list 9.23.5 UNE-Cmblnatn Privat Line DSOIDS1IDS3.10CNllnlera T.l Existino Serice 534.04 1 9.23.6 Enhanced Exteed LooD (EEL EEL Link 1 Loon with Multinlexinn EEL DSO 2-Wire $25.52 $266.93 AT&T and 1 DSO 2/4 Wire Each Additinal 5198.91 1 LooD with MUX DSO 2-Wire $245.30 1 Loon with MUX DSO 2/4 Wire Each Additinel $160.09 1 EEL DS04-Wir $266.93 1 DSO 2/4 Wire Each Additinel 5198.91 1 Loon with MUX DSO 4-Wire $245.30 1 Lnn with MUX DSO 2/4 Wire Each Additional $160.09 1 Zone 1 $42.2 Zone 2 552.71 Zone 3 $82.01 DSI EEL $327.26 1 DSI EEL Eac Additinal $244.15 1 Loon with MUX OS 1 $310.29 1 Loon wi MUX OS 1 Eac Additionel $227.18 1 Zone 1 $91.4 1 Zoe 2 $91.'"1 Zone 3 $105.72 1 DS3EEL 5352.71 1 DS3 EEL Each Additnal $269.60 1 Zone 1 $1018.0 1 Zoe 2 51032.22 1 Zoe 3 51366.7 1 9.23.7 EEL C and Loon MUX CovOfon $41.14 1 ......Lddd';dddfLd..'.J..dd.."......;d,Ld,il::;;;.: .....,..........,). .....:,;d..--i..... 9.23.8 EEL TrasoM I I Owtldah SGA T Secnd Revsion 1125102/HAH for LH/XO ldahCDS-D20124-3 Decber 10, 2001 Page 11 of 14 Exhibit A Idaho' ".......'ii......................i .....i"ii.,è,i .::.iii ./ii......,:.~C+...i ~ 050 $0.00OSOOv~~$24.67 $0.29 050 Over $24.69 $0.23050 Over 10 50 Mile $24.86 $0.15 050 Over 50 Miles 524.69 $0.05 051 50.00 051 Over 0 10 8 Miles 536.43 $5.07 051 Over 810 25 Miles 537.26 516.78 OS lOver 2510 50 Miles $39.12 $21.34 OS lOver 50 Mile 537.77 514.83 053 50.00 053 Over 0 10 8 Miles $238.61 $5.07 053 Over 8 10 25 Miles $242.03 $16.78 053 Over 25 10 50 Miles 5223.90 $21.34 053 Over 50 Miles $235.64 $14.83 0C $0.00 0C Over 0 10 8 Miles 5768.65 5191.90 1 OC-3 Over 810 25 Miles 5774.12 $60.26 1 0C Over 25 10 50 Miles 5744.04 579.64 1 0C Over 50 Miles 5763.12 55.34 1 Oe-12 .00 Oe-12 Over 0 10 8 Mi $2.143.96 579.93 1 Oe-12 Over 810 25 Miles $2143.96 $82.42 1 Oe-12 Over 2510 50 Miles $2143.96 592.25 1 Oe-12 Over 50 Mile $2.143.96 5110.45 1 DC8 50.01 DC8 Over 0 10 8 Miles 57071.""5266.4 1 QC Over 8 10 25 Miles $7071.62 $275.4!1 QC Over 2510 50 Miles 57071.M 1 QC Over 50 Mile $7071.62 1 ....i'...."IIIii"i iiiii 9.23.9.$28.7 $271.77 1053 1 $255.22 5271.77 1 Loon MUX 05310 OS 1 5206.49 1 LOOn MUX OS 110 050 5206.49 1 9.23.10 050 Channel Perance050 Low Side Chne 513.79 1 OS 11050 MUX Low Side Channeliza 57.87 1 9.23.11 Conctr ea_i1lv ICB 3 9.24 Unbundld Pack Swlthlna 9.24.1 Unbundle Packet Switc Custoer Channel Witut Sublo $60.20 5 Unbundled Packet Switch Cuslorn ::ne with 500~o $127.31 5 Unbundled Packet Switch Cuslomer Channel with Shar 500100.560.20 5 OSLAM $23.15 SpealR_5&7 Virtl Trasoor 53.7 5 9.24.3 Unbundled Pacet Switch Inteac Por 051 5153.8'5227.7 5 053 5237.0.527.7 15 9.25 loD SoIlttna 9.25.1 Intercnnecn TIE Pairs ITP SO.A.1 9.25.2 OSSCham 3.5 5 9.25.3 Basic Installatn Chame lor Looo Sollltna $37.67 5 9.25.4 Troble Isolatn Chare SeeMSC Chames 9.25.5 Aditial Testi Unde Deeloman 9.25.6 POTS Solitter Collotion Reclassificatn ChJUe ICB 3 5 lit Shell Chame 54.45 557,06 5Enainee$1331.46 5 9.25.7 Solit TIE Cale Conens S litt in the Coon Area-Data to 410 block $4.12 $2871.78 5 5 litt in th Comon Areat diret 10 CLEC $4.38 53.052.61 5 5 lit on the 10F. Dat 10410 Bloc 51.25 5873.48 5 5 lit on the 10F . Data dire 10 CLEC $2.47 51719.n 5 5 litt on the MOF-Dat 10 410 block 51.30 $903.75 5 Soll on the MOF . Dat dire 10 CLEC 52.93 52039.40 5 10.0 AnciiiaN Sece.10.1 Intrim N-r PortblUt New Yo", Meth I 10.2 lr1 Numbr Portbililv I 10.2.1 LNPQueres See FCC Tariff #1 Secn 20.3.1 & 20.3.3 10.2.2 LNP Manaa Cuts I Standar Manaaed Cu oe oen oe 112 Hr.I $27.38 6 Overme Manaaed Cut r 112 Hr.I 535.43 6 Preium Mananed Cuts ner ""ISn oe 112 Hr.i $43.49 6 Owt Idaho SGA T Secnd Revisn 1125J02JHAH lo LHIXO IdahCOS.Q0124-Decr 10. 2001 Pege 120114 Exhibit A Idaho' /Y ..;.Y'ii. .....ii ii Yii ;iii ...i iii ...ji:.i '.....'..i......,..'..''.i 10.3 8111E811 NoChare 10.4 Whil Pa... DirectoN L1l1in.. Faclllt Baaed Prmñde.. 10.4.1 Prmarv Listina No Chare 10.4.2 Priumrivac Listi Geral Exchan Tariff Ra. le wh_ di~unt 10.5 Di""ar As.lstn.. Faclllt Baaed Provde.. 10.5.1 Locl Direrv Assita Per Call $0.34 2 10.5.2 Natal Direrv Assistace. oe Cal $0.36 2 10.5.3 Call Bradino. Set- Un and Recrdinn l105O.oo 2 10.5.4 Loaina Brand /Per Swi l175.oo 2 10.5.5 Call ComDleti Link. oe Cal 50.09 2 10.6 Directar As.lstnc LIlnformaon 10.6.1 Inital Databas Load "' ListiM $0.025 2 10.6.2 Relad of Dalbae. _ Lisli $0.020 2 10.6.3 Dailv UDdats. oer LiStiM $O.OSO 2 10.6.4 One-time Set-Uo Fee 582.22 2 10.6.5 Media Chames for File OeliveN Elecnic Transmision l0.00 2 Tap (chrg only apply K Ihis is s_ as th nn delivei $3.01 2 medium for daily updat) (pe tape) Shiooina Charoes for taoe deliverl iea 3 10.7 Tolland Asisnc Opator Serv..., Facilit Ba Provde... 10.7.1 omlon A - Pe MessaaeOor Hanle Callino Ca $1.5 2 Macin Hanlad ('''Ilinn Ca 0.60 2 Sta Call I.SO 2 Pein Cal 3.SO 2 Conec to Direrv Asistace .75 2 Busv Line Verify. oe Call .n Busv Lin Intomt 0.87Oner Assistace _ Ca O.SO 2 10.7.2 OOllon B _ Per Oner Wor Secnd and Com.uter Hanled Calls O""tor Hanled. oe Ooetor Work Secd $0.028 2 Machine Hanled .. Call l0.25 2 Ca Brndina. Se-Uo & Recrdin $1050.00 2 Loadino Brad/Per Swi 5175.00 2 10.8 Ac....lo Pol. Duet Condul. and Rioht 01 Way 10.8.1 Pole Inouirv Fee. oe Mile l335.92 1 10.8.2 Inneuct Inouirv Fee. oe Mile l403.79 1 10.8.3 ROW Inouiiv Fee l149.2 1 10.8.4 ROW Do Pre Fee $149.2 1 10.8.5 Fie Verficn Fee .. Pole 7.31 1 10.8.6 Field Verican Fe _ Manhoe 15.01 1 10.8.7 Planer Verifica Per Mae 16.'"1 10.8.8 Manhole Verficaon Insoer Per Mahole 98.4 110.8.9 ~Manhole 7.70 110.8.10 ear $3.85 410.8.11 Inneuct cc ancFee . _Yea 50.27 410.8.12 Acc Anreme Cosidenn $10.nr 2 10.8.13 MakeReav IC 3 12.0 Oaratonal 5u- 5..1...12.1 Delop and Enhan....nt, pe Ordr UndDeelnme 12.2 Ongong Malnn.., pe Order Unde Develnmen 12.3 Dallv U.... Rllard Fli.. _r Rica 50.000 1 12.4 Troubl _on C"'rgo SeeMSCCh"" 17.0 Bona Fide R.ouell Proci. 17.1 Proc..lno F..52.S07.07 1 NOTES: Unl olherse indicø. all ra ar puuant to Ihe Owt an AT&T Intercnnecn Agreent approved by Ihe Idaho Publi Utiites Commissio in Doket Numbe USW. T-9615. Commissio Order Numbe 27738, efec Septeber 17, 1998. (I) Rat addresed in Cost Doet 81911 & 11/181001. (TELRIC) (2) Ma-based rate. (3) iea. Individual Cae Basis prcing. (4) Rate pe FCC Guielines. (5) Ra nol adresed In Col Doet (TELRIC) (6) Regional TELRIC basad wher reuir. (7 A speial reuest is a reuest by Ihe cutomer to penn soelhin Ihat is tecnicaly feabl bu th pros and pricing er not yel in plac. (8) Rat fond in FCC Tarff #1 (9) Ra has be order in a differ sen an is beng used due to Ihe similar charti of Ihe elemt Thi rate will be replac when a rete isdevelpe or orer fo ihls prouct OwS! Idah SGA T Secnd Revision 1/25J02AH for LHIXO ldahCDS-020124-83 Debe 10. 2001 Pag 130114 Exhibit A Idaho' Qwtldaho SGAT Sec Revsion 1125/02AH lor LHIXO ldahCOS-020124-083 Decber 10. 2001 Page 1401 14 EXHIBIT B SERVICE PERFORMANCE INDICATORS UNDER DEVELOPMENT Qwest Idaho SGAT Second Revision, Exhibit B 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 I EXHIBIT C SERVICE INTERVAL TABLES* 1.0 Unbundled Loops, Line Sharing and Line Splitting Service Interval Tabiè: (a) Established Service Intervals 2/4 Wire Analog (Voice Grade), 2-Wire Analog Distribution Loop: a)1-8 lines 5 Business days b)9-16 lines 6 Business days c)17-24 lines 7 Business days d)25 or more ICB (b) Established Service Intervals for 2/4 Wire Non-Loaded Loops, Basic Rate ISDN Capable Loops, and ADSL Compatible Loops that do not require conditioning: a)1-8 lines 5 Business days b)9-16 lines 6 Business days c)17-24 lines 7 Business days d)25 or more ICB (c) Established Service Intervals for xDSL-I/ BRI ISDN Capable Loops that do not require conditioning: a)1-8 lines 5 Business days b)9-16 lines 6 Business days c)17-24 lines 7 Business days (d) Established Service Intervals for existing DS-1 Capable Loops, DS1 Capable. Feeder Loop: a) b) 1 - 24 lines 25 or More 9 Business days ICB (e) Established Service Intervals for existing DS3 Capable Loops: a) b) 1-3 lines 4 or more 7 Business days ICB (f) Established Service Intervals for Line Sharing and Line Splitting that do not require conditioning: a) d) 1-24 lines 25 or More 3 Business days ICB The intervals for line sharing are subject to change based on: changes to PID definitions and benchmarks; changes to Qwest retail DSL intervals; and changes in provisioning processes that may translate into a decrease in the time required for Qwest to process line sharing orders from CLECs. Qwest Idaho SGAT Second Revision, Exhibit C December 10, 2001 Page 1 1/25/02lHAH for LH/XO Idaho/CDS-020124-0083 EXHIBIT C SERVICE INTERVAL TABLES* (g) Conditioned Loops for 2/4 Wire Non-Loaded Loops, ADSL Compatible, Basic Rate ISDN Capable, xDSL-1 Capable Loops, Line Sharing and Line Splitting: a) b) 1-8 lines 9 or more 15 Business days ICB (h) Established Repair Intervals for Basic 2-wire Analog Loops, Line Sharing, Line Splitting, and Shared Distribution Loop: 124 Hours OSS48 Hours AS (i) Established Repair Intervals for 4-wire Analog Loops, 2/4 Wire Non-Loaded Loops, Basic Rate ISDN Capable Loops, and ADSL Compatible Loops, xDSL-1 Capable Loops, DS1 Capable Loops, DS3 Capable Loops, and Ocn Capable Loops: 14 Hours ü) Quick Loop a) b) 1 to 24 Lines 25 or more Lines Three (3) Business Days ICB Quick Loop with Number Portability a)1 to 8 Lines Three (3) Business Days b)9 to 24 Lines Four (4) Business Days c)25 or more Lines ICB (k) OCn Loop I 1 or more Lines ICB (i) Shared Distribution Loop I 1 or more Lines Five (5) Business Days Owest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 Page 2 EXHIBIT C SERVICE INTERVAL TABLES* 2.0 Unbundled Dedicated Interoffce Transport (UDIT) Service Interval Table: DSO 1 to 8 High Density: Five (5)4 hrs. High Business Days Density Low Density: Six (6)4 hrs. Low Business Days Density 9 to 16 High Density: Six (6)4 hrs. High Business Days Density Low Density: Seven (7)4 hrs. Low Business Days Density 17 to 24 High Density: Seven (7)4 hrs. High Business Days Density Low Density: Eight (8)4 hrs. Low Business Days Density 25 or more ICB ICB DS1 1 to 8 High Density: Five (5)4 hrs High Business Days Density Low Density: Eight (8)4 hrs Low Business Days Density 9 to 16 High Density: Six (6)4 hrs High Business Days Density Low Density: Nine (9)4 hrs Low Business Days Density 17 to 24 High Density: Seven (7)4 hrs High Business Days Density Low Density: Ten (10)4 hrs Low Business Days Density 25 or more ICB 4hrs DS3 1 to 3 Circuits High Density: Seven (7)4 hrs High Business Days Density Low Density: Nine (9)4 hrs Low Business Days Density 4 or more Circuits ICB 4 hrs OC3 and Higher 1 or more Circuits ICB 4 hrs UDIT AND EUDIT Facilty Single Band Width UDIT Interval + 3 days Owest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 Page 3 EXHIBIT C SERVICE INTERVAL TABLES* 3.0 Unbundled Local Switching Service Interval Table: High Density: Five (5)24 hrs. High Business Days Density Low Density: Six (6)24 hrs. Low Business Days Density High Density: Six (6)24 hrs. High Business Days Density Low Density: Seven (7)24 hrs. Low Business Days Density High Density: Seven (7)24 hrs. High Business Days Density Low Density: Eight (8)24 hrs. Low Business Days Density ICB 24 hrs. Two (2) Business Days 24 hrs. OOS 48 hrs. AS Four (4) Business Days 24 hrs. OOS 48 hrs. AS ICB 24 hrs. DOS 48 hrs. AS ICB 24 hrs. High Density: Seven (7)24 hrs. High Business Days Density w Unbundled Switching - Line Side 1 to 8 Analog With Line Class Code (LCC) already supported in requested switch. 9 to 16 17 to 24 Unbundled Switching - Line Side Analog - Existing - Vertical Feature(s) (Features change without inward line activity and not impacting the design of the circuit.) 25 or more 1 to 19 20 to 39 40 or more Unbundled Switching - Line Side Analog New Line Class Code (LCC) ordered through customized routing Unbundled Switching - SRI-ISDN Line-side Port. With a U S WEST standard configuration and Line Class Code (LCC) already supported in the requested switch 1 to 3 Lines Low Density: ICB Unbundled Switching - SRI-ISDN Line-side Port. With non-standard configuration and Line Class Code (LCC) already supported in the requested switch 4 or more 1 to 3 Lines ICB High Density: Seventeen (17) Business Days (includes 10 days for complex translations.) Low Density: ICB 4 or more ICB ICBUnbundled Switching - SRI-ISDN Line-side Port. Non supported Line Class Code (LCC) ordered through Customized Routing 24 hrs. Low Density 24 hrs. 24 hrs. High Density 24 hrs. Low Density 24 hrs. 24 hrs. Owest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 Page 4 EXHIBIT C SERVICE INTERVAL TABLES* Unbundled Switching - DS1 Trunk 1 to 8 Ports High Density: Five (5)24 hrs. HighPortBusiness Days Density Low Density: Six (6)24 hrs. Low Business Days Density 9 to 16 Ports High Density: Six (6)24 hrs. High Business Days Density Low Density: Seven (7)24hrs. Low Business Days Density 17 to 24 Ports High Density: Seven (7)24 hrs. High Business Days Density Low Density: Eight (8)24 hrs. Low Business Days Density 25 or more Ports ICB 24 hrs. Unbundled Switching - Message High Density Seven (7) Business 24 hrs. Trunk Groups Days.Translation questionnaire 1 to 24 required 25 to 48 Eight (8) Business Days 24 hrs..Routing to trunks is ordered 49 to 72 Ten (10) Business Days 24 hrs. separately as Customized 73 to 96 Twelve (12) Business 24 hrs. Routing Days.DS1 trunk port & UOIT in place.97 to 120 Fourteen (14) Business 24 hrs. Days 121 to 144 Fifteen (15) Business 24 hrs. Days 145 to 168 Sixteen (16) Business 24 hrs. Days 169 to 240 Eighteen (18) Business 24 hrs. Days 241 or more ICB 24 hrs. Low Density Eighteen (18) Business 24 hrs. 1 to 24 Days 25 to 72 Nineteen (19) Business 24 hrs. Days 73 to 120 Twenty (20) Business 24 hrs. Days 121 or more ICB 24 hrs. Unbundled Switching - Two Way 1 to 8 Trunks High Density: Five (5)24 hrs. High and DID Equivalent Group Business Days Density (add/change/increase) DS1 trunk port in place Low Density: Six (6)24 hrs. Low Business Days Density 9 to 16 Trunks High Density: Six (6)24 hrs. High Business Days Density Low Density: Seven (7)24 hrs. Low Business Days Density Qwest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 Page 5 EXHIBIT C SERVICE INTERVAL TABLES* 17 to 24 Trunks High Density: Seven (7)24 hrs. High Business Days Density Low Density: Eight (8)24 hrs. Low Business Days Density 25 or more Trunks ICB 24 hrs. Unbundled Switching - PRI-ISDN 1 to 8 High Density: Five (5)4 hrs. High Capable Trunk-Side Business Days Density DS1 Trunk port in place Low Density: Six (6)4 hrs. Low Business Days Density 9 to 16 High Density: Six (6)4 hrs. High Business Days Density Low Density: Seven (7)4 hrs. Low Business Days Density 17 to 24 High Density: Seven (7)4 hrs. High Business Days Density Low Density: Eight (8)4 hrs. Low Business Days Density 25 or more ICB 4 hrs. Unbundled Packet Switching .Design changes -New service request -24 hrs 8 Business days 10 Business days.Non-design changes - 5 Business days.Service changes - 5 Business days Qwest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 Page 6 EXHIBIT C SERVICE INTERVAL TABLES* 4.0 Unbundled Dark Fiber Interval Table: Installation Repair Product Activityl Services FOC Guidelines Guidelines Features Ordered Guidelines Initial Records N/A Ten (10)N/A Inquiry (IRI)Business Days (simple & complex) Field Verification N/A Twenty (20)N/A And Quote Business Days Preparation (FVOP) Provisioning (non-N/A Twenty (20) FVOP requests)Business Days OC3 and Hi her N/A ICB Owest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 Page 7 EXHIBIT C SERVICE INTERVAL TABLES. 5.0 Unbundled Network Elements Platform (UNE.P) Service Interval Table: Repair Product Services Ordered Installation Commitments Commitments UNE.P POTS 'New'.Two (2) Business Days 24 hrs DOS Soft Dial Tone (SOT)(regardless of the time of day 48 hrs AS (Where available)the request is received) Facilty Check indicates "AVAILABLE (SDT)" and DISPATCH "NO" UNE.P POTS 'New'.Residence 1 to 39 Lines Three (3) Business Days 24 hrs OOS Flow Through, Fully Electronic 48 hrs AS (N, T Orders)40 or more Lines ICB 24 hrs ODS Facilty Check indicates 48 hrs AS "AVAILABLE" and DISPATCH "NO" UNE.P POTS 'New'.Business 1 to 19 Lines Three (3) Business Days 24 hrs OOS Flow Through, Fully Electronic 48 hrs AS (N, T Orders)20-39 Lines Four (4) Business Days or 24 hrs DOS Facilty Check indicates next available due date 48 hrs AS "AVAILABLE" and DISPATCH thereafter as indicated by "NO"Appointment Scheduler. 40 or more Lines ICB 24 hrs ODS 48 hrs AS UNE.P POTS 'New'.Residence 1 to 39 Lines Three (3) Business Days 24 hrs ODS Simple CO Features, or Number 48 hrs AS Changes without inward line 40 or more Lines ICB 24 hrs DOS activity, or Hunting changes 48 hrs AS without inward line activity UNE.P POTS 'New'.Business 1 to 19 Lines Three (3) Business Days 24 hrs DOS Simple CO Features, or Number 48 hrs AS Changes without inward line 20-39 Lines Four (4) Business Days 24 hrs OOS activity, or Hunting changes 48 hrs AS without inward line activity 40 or more Lines ICB 24 hrs ODS 48 hrs AS UNE.P POTS 'New'.Customers with Next Business Day 24 hrs ODS Suspend/Restore service placed on 48 hrs AS "vacation" Treatment for Non-Same Business Day as 24 hrs ODS payment issues payment receipt validated 48 hrsAS UNE.P POTS 'New'.Residence 1 to 39 Lines Next available due date as 24 hrs ODS New Installs, Address Changes,indicated by Appointment 48 hrs AS Changes with inward line activity Scheduler Facilty Check indicates Note: Appointment Scheduler "AVAILABLE DISP. REQ" and minimum default interval is 3 DISPATCH "YES"(Three) Business Days. 40 or more Lines ICB 24 hrs ODS 48 hrs AS Owest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 PageS EXHIBIT C SERVICE INTERVAL TABLES* UNE.P POTS 'New'.Business 1 to 19 Lines Next available due date as 24 hrs OOS New Installs, Address Changes,indicated by Appointment 48 hrs AS Changes with inward line activity Scheduler Facilty Check indicates Note: Appointment Scheduler "AVAILABLE DISP. REQ" and minimum default interval is 3 DISPATCH "YES"(Three) Business Days. 20-39 Lines Four (4) Business Days or 24 hrs OOS next available due date 48 hrs AS thereafter as indicated by Appointment Scheduler. 40 or more Lines ICB 24 hrs OOS 48 hrs AS UNE.P POTS 'New'.1-10 Listings Two (2) Business Days.Directory Listings Changes 11 to 20 Listings Five (5) Business Days (R Orders)21-50 Listings Ten (10) Business Days 51-100 Listings Thirt (30) Business Days Over 100 Listings Sixty (60) Business Days Add Voice Mail to Three (3) Business Days POTS line.Voice Mail Conversions to UNE.P POTS.1 to 39 Lines Three (3) Business days 24 hrs OOS POTS Residence to UNE-P 48 hrs AS - Conversion as Specified 40 or more lines ICB 24 hrs OOS - Simple CO Features 48 hrs AS Conversions to UNE.P POTS.1 to 39 Lines Same Business Day if 24 hrs OOS UNE-P to UNE-P POTS received before 12:00 p.m., or,48 hrs AS Residence Next Business Day if received - Conversion as Is later than 12:00 p.m. 40 or more Lines ICB 24 hrs OOS 48 hrs AS Conversions to UNE.P POTS.1 to 19 Lines Three (3) Business days 24 hrs OOS POTS Business to UNE-P 48 hrsAS - Conversion As Specified 20 to 39 Lines Four (4) Business Days 24 hrs OOS - Simple CO Features 48 hrs AS 40 or more Line ICB 24 hrs OOS 48 hrs AS Conversions to UNE.P POTS.1 to 39 Lines Same Business Day if 24 hrs OOS UNE-P to UNE-P POTS received before 12:00 p.m., or,48 hrs AS Business Next Business Day if received - Conversion As Is later than 12:00 p.m. 40 or more Lines ICB 24 hrs OOS 48 hrs AS UNE.P Line Splittng -1 to 8 Lines High Density: Five (5)24 hrs OOS UNE-P POTS to UNE-P POTS Business Days 48 hrs AS with Line Splitting - Conversion As Specified Low Density: Six (6) Business Days Qwest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 Page 9 EXHIBIT C SERVICE INTERVAL TABLES. 9 to 16 Lines High Density: Six (6) Business 24 hrs OOS days 48 hrs AS Low Density: (9) Business Days 17 to 24 Lines High Density: (7) Business 24 hrsOOS Days 48 hrs AS 25-39 Lines ICB 24 hrs OOS 48 hrs AS 40 or more Lines or ICB High Density: Five (5)24 hrs OOS if Conditioning is Business Days 48 hrs AS required UNE.P Line Splitting -1 to 8 Lines High Density: Six (5) Business 24 hrs OOS POTS Residence or POTS days 48 hrsAS Business with Line Sharing to UNE-P POTS with Line Splitting Low Density: Six (6) Business - Conversion as Specified Days 9 to 16 Lines High Density: Six (6) Business 24 hrs OOS days 48 hrs AS Low Density: Nine (9) Business Days 17 to 24 Lines High Density: Seven (7)24 hrs OOS Business Days 48 hrs AS Low Density: Ten (10) Business Days 25-39 Lines ICB 24 hrs OOS 48 hrs AS 40 or more Lines ICB 24 hrs OOS 48 hrs AS UNE.P PBX 'New'.1 to 8 Trunks Five (5)Business Days 4 hrs 9 to 16 Trunks Six (6) Business Days 4 hrs 17 to 24 Trunks Seven (7) Business Days 4 hrs 25 or more Trunks ICB 4 hrs Conversions to UNE.P PBX-1 to 8 Trunks Five (5)Business Days 4 hrs Conversion As Specified or Conversion As Is 9 to 16 Trunks Six (6) Business Days 4 hrs 17 to 24 Trunks Seven (7) Business Days 4 hrs 25 or more Trunks ICB 4 hrs UNE.P DSS 'New'.1 to 3 Nine (9) Business Days 4 hrs T1 Facility 4 or more ICB 4 hrs UNE.P DSS 'New'.1 to 3 Lines Twelve (12) Business Days 4 hrs Trunks 4 to 6 Lines Sixteen (16) Business Days 4 hrs 7 to 9 Lines Twenty (20) Business Days 4 hrs Qwest Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02lHAH for LH/XO Idaho/CDS-020124-0083 Page 10 EXHIBIT C SERVICE INTERVAL TABLES* 10 to 12 Lines Twenty four (24)Business 4 hrs Days 13 or more Lines ICB 4 hrs Conversions to UNE.P DSS.1 to 3 Nine (9) Business Days 4 hrs T1 Facilty 4 or more ICB 4 hrs Conversions to UNE.P DSS.4 to 6 Lines Sixteen (16) Business Days 4 hrs Trunks 7 to 9 Lines Twenty (20) Business Days 4 hrs 10 to 12 Lines Twenty four (24) Business 4 hrs Days 13 or more Lines ICB 4 hrs UNE.P ISDN BRI 'New'.1 to 10 Lines Thirteen (13) Business Days 24 hrs New Installs, Address Changes,11 or more Lines ICB 24 hrs Change to add Loop (N2Q) UNE.P ISDN BRI 'New'.1 to 10 Lines Three (3) Business Days 24 hrs Add or Change Feature(s), Add 11 or more Lines ICB 24 hrs Primary Directory Number (PDN ) to established Loop (N2Q), Add Call Appearance Conversion to UNE.P ISDN 1 to 10 Lines Three (3) Business Days 24 hrs SRI.11 or more Lines ICB 24 hrs Conversion As Is Conversion to UNE.P ISDN 1 to 10 Lines Three (3) Business Days if a 24 hrs SRI.Loop is not involved Conversion As Specified (or) Thirteen (13) Business Days if a Loop is added or changed 11 or more Lines ICB 24 hrs UNE.P ISDN PRI 'New'.1 to 3 Nine (9) Business Days 4 hrs T1 Facility 4 or more ICB 4 hrs UNE.P ISDN PRI 'New'.1 to 3 Lines Twelve (12) Business Days 4 hrs Trunks 4 to 6 Lines Sixteen (16) Business Days 4 hrs 7 to 9 Lines Twenty (20) Business Days 4 hrs 10 to 12 Lines Twenty four (24) Business 4 hrs Days 13 or more Lines ICB 4 hrs Conversion to UNE-P ISDN 1 to 3 Nine (9) Business Days 4 hrs PRI.4 or more ICB 4 hrs T1 Facility Conversion to UNE.P ISDN 1 to 3 Lines Twelve (12) Business Days 4 hrs PRI.4 to 6 Lines Sixteen (16) Business Days 4 hrs Trunks 7 to 9 Lines Twenty (20) Business Days 4 hrs Qwest Idaho SGAT Second Revision, Exhibit C December 10,2001 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 Page 11 EXHIBIT C SERVICE INTERVAL TABLES. 10 to 12 Lines Twenty four (24) Business 4 hrs ,Days 13 or -more Lines ICB 4 hrs UNE-P Centrex 21 .1 to 10 Lines Five (5) Business Days 24 hrs OOS Non Designed-48 hrs AS Conversions as Specified 11 or more Lines ICB 24 hrs OOS 48 hrs AS UNE-P Centrex 21 .1 to 10 Lines Five (5) Business Days or 24 hrs OOS Non Designed-(Facility check Next available due date 48 hrs AS New Installations indicates "Available thereafter as indicated by Dispatch Required"Appointment Scheduler. and Dispatch "Yes".) 11 or more Lines ICB 24 hrs OOS 48 hrs AS UNE-P Centrex Plus I UNE.P 1 to 10 Lines - No Twenty (20) Business Days 24 hrs OOS Centron Optional Features 48 hrs AS (Centron is MN only)1 to 10 Lines - wI ICB 24 hrs OOS Common Block Configuration Optional Features 48 hrs AS Required (Le., ARS, DFls,- Establish Common Block SMDR, UCD, etc.) 11-21 Lines - No Twenty (20) Business Days 24 hrs OOS Optional Features 48 hrs AS 11 to 21 Lines-ICB 24 hrs OOS w/Optional Features 48 hrs AS (Le., ARS, DFls, SMDR, UCD, etc.) 22 or more Lines ICB 24 hrs OOS with or without 48 hrs AS Optional Features UNE-P Centrex Plus I UNE-P 1 to 10 Lines Twenty (20) Business Days 24 hrs OOS Centron 48 hrs AS (Centron is MN only)11 or more Lines ICB 24 hrs OOS Common Block Configuration 48 hrs AS Required - Feature Additions requiring Common Block activity per Common Block UNE-P Centrex Plus I UNE.P Per Common Block Five (5) Business Days 24 hrs OOS Centron (must be existing 48 hrs AS (Centron is MN only)Line Class Common Block Configuration Codes(LCCs )/ Required CAT/NCOS/DPAT) - Line Class Codes (LCCs)/ CAT/NCOS/DP,; T additions/changes requiring Common Block work. If new Twenty (20) Business Days 24 hrs OOS LCC/CAT/NCOS or 48 hrs AS o PAT Qwest Isaho SGAT Second Revision, Exhibit C December 10, 2001 1/25/02iHAH for LH/XO Idaho/CDS-020124-0083 Page 12 EXHIBIT C SERVICE INTERVAL TABLES* UNE.P Centre, Plus / UNE.P Centron (Centron is MN only) Common Block Configuration Required . Centrex Management System (CMS) UNE-P Centrex Plus / UNE-P Centron (Centron is M~J only) Common BLe. Configuration Required - Designed Services subsequent to initial Common Block installation UNE.P Centrex Plus / UNE-P Centron (Centron is MiJ only) No Common Block Configurati 0 n) eq u ired - Centrex fva:,i...jment System (CMS) Network Access Registers (NARs) New Common Blocks & Cust ID's (lines-installed at the same time the Common Block is installed) Tie Lines/DFI/FX Additional/New Station Lines to be added to CMS Additions Change from Non Blocked to Blocked Service Twenty (20) Business Days (after the initial Common Block & associated lines are installed) Thirteen (13) Business Days (may be longer due to facility due date requirements) Five (5) Business Days after line is installed Five (5) Business Days ICB N/A 24 hrs OOS 48 hrs AS N/A N/A N/A UNE-P Centrex Plus / UNE-P Centron (Centron is 1\1N only) No Commer- lock Configura or '\equired - Station Lines ,subsequent to the establishiiient of the Common Bleck) Includes: Conversions New Lines Moves NOTE: On conversions, numbers are 'c,ipped" into the Common C :. k at the time of installatiüj ,. 1 to 10 Lines per location Five (5) Business Days or Next available due date thereafter as indicated by Appointment Scheduler. 24 hrs OOS 48 hrs AS UNE-P CenLex Plus / UNE-P Centron (Centron is r . \J only) No Comml"'- Block Configurat:oil ?equired Line Feati anges/additionsl Remova'~ 11 to 20 Lines per location 21 or more Lines per location 1 to 19 Lines 20 or more Lines Ten (10) Business Days or Next available due date thereafter as indicated by Appointment Scheduler. ICB Three (3) Business Days ICB 24 hrs OOS 48 hrs AS 24 hrs OOS 48 hrs AS 24 hrs OOS 48 hrs AS 24 hrs OOS 48 hrs AS Owest IC3ho SGAT Second Revision, Exhibit C December 10, 2001 1/25/021 HAH for LH/XO Idaho/CDS-020124-0083 Page 13 EXHIBIT C SERVICE INTERVAL TABLES. UNE.P Ce'~.: ex Plus I UNE.P Centron (Centron is MN only) No Comrr-'r 310ck Configurzo , Required Designed ~;:-vices subsequent to initial Common Block installation UNE.P Centrex Plus I UNE.P Centron (Centron is r,:N only)No Comm:.i Block Configur,io;' Required Automatic CJ',? Selection (ARS) UNE.P Centrex Plus I UNE.P Centron (Centron ;/'J only) No Ccrrr 3' JCk ConfigJr 1 Required Uniform C Jistribufrn (UCD) UNE.P Ce- rex Plus I UNE.P Centron (Centron is MN only) No Common Glock Configure ~i: . Required Addition::' ' r~ibers subsequent to initial C c ; Block insta:lc,¡' J NOTE: l. ¡ anal numbers are "chipped ,¡,O 'he Common Block at the time of request. Tie Lines/DFIIFX Subsequent to Common Block Installation Changes to Patterns: 1 to 25 changes 26 to 50 changes 51 or more changes Adding new Patterns Per Request Blocks (No limit on amount of numbers.) Thirteen (13) Business Days (may be longer due to facility due date requirements) Twenty (20) Business Days (may be longer if the activation of ARS is tied to a Private Line facility installation) Business Days: Five (5) days Ten (10) days Twenty (20) days Twenty (20) Business Days Thirteen (13) Business Days Five (5) Business Days 24 hrs OOS 48 hrs AS 24 hrs OOS 48 hrs AS 24 hrs OOS 48 hrs AS 24 hrs OOS 48 hrsAS 24 hrs OOS 48 hrs AS N/A O' . Icz;ho SGAT Second Revision, Exhibit C December 10, 2001 1! 2/HAH for LH/XO Idaho/CDS-020124-0083 Page 14 EXHIBIT C SERVICE INTERVAL TABLES* 6.0 En ianced Extended Loop Service Interval Table (EEL): Repair PrJduct Services Ordered Installation Commitments Commitments Enhance c. Extended Loop 1 to 8 High Density: Five (5)4 hrs High (EEL)-Business Days Density DSO orV . -; Grade EquivalE Low Density: Six (6) Business 4 hrs Low Days Density 9 to 16 High Density: Six (6) Business 4 hrs High Days Density Low Density: Seven (7)4 hrs Low Business Days Density 17 to 24 High Density: Seven (7)4 hrs High Business Days Density Low Density: Eight (8)4 hrs Low Business Days Density 25 or more ICB 4 hrs Enhance:1 Extended Loop 1 to 8 High Density: Five (5)4 hrsHigh (EEL) -Business Days Density DS1 Low Density: Eight (8)4 hrs Low Business Days Density 9 to 16 High Density: Six (6) Business 4 hrs High Days Density Low Density: Nine (9)4 hrs Low Business Days Density 17 to 24 High Density: Seven (7)4 hrs High Business Days Density Low Density: Ten (10)4 hrs Low Business Days Density 25 or more ICB 4 hrs Enhanc extended Loop 1 to 3 Circuits High Density: Seven (7)4hrs High (EEL) -Business Days Density DS3 Low Density: Nine (9)4 hrs Low Business Days Density 4 or more Circuits ICB 4 hrs Qw~! ':3ho SGAT Second Revision, Exhibit C December 10, 2001 1/2::/C2/HAH for LH/XO Idaho/CDS-020124-0083 Page 15 EXHIBIT C SERVICE INTERVAL TABLES. Enhance. Extended Loop ICB 24 hrs OOS Convers,cns (EEL-C)-48 hrs AS Private Li, ,e (PL TS) - Conversion as is *Ins -llation Guidelines apply where facilities/network capacity is in place. Where facilties/network ca city are not in place, intervals are handled on an Individual Case Basis (lCB). Ow:;t Idaho SGAT Second Revision, Exhibit C December 10, 2001 1/2C!02/HAH for LH/XO Idaho/CDS-020124-0083 Page 16 SGAT Exhibit D Date General Information Provided by Qwest: General Agreement: BAN Number(must be assigned before processing): REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY GENERAL INFORMATION: EFFECTIVE 6/29/01 1 1. PURPOSE. The purpose of this General Information document is to share information and provide or deny permission to attach and maintain CLEC's facilities ("Facilities") to Qwest Corporation's ("Qwest") Poles, to place Facilties on or within Qwests Innerduct (collectively "Poles/lnnerduct") and to obtain access to Qwests private right of way ("ROW"), to the extent Qwest has the right to grant such access. This General Information is necessary to determine if Qwest can meet the needs of the CLEC's request but does not guarantee that physical space or access is . currently available. Permission wil be granted on a first-come, first-serve basis on the terms and conditions set forth in the appropriate agreement pertaining to "Poles/lnnerduct". 2 PROCESS. The Qwest process is designed to provide the CLEC the information so as to assist CLEC and Qwest to make Poles, Innerduct and ROW decisions in a cost-effcient manner. The Process has these distinct steps: 2.1 Inquiry Review - Attachment 1.A (Database Search). The CLEC is requested to review this document and return Attachment 1.A along with two copies of a map and the nonrefundable Inquiry Fee, calculated in accordance with Attachment 1.A hereto. These fees are intended to cover Qwests expenses associated with performing an internal record (database) review, preparing a cost estimate for the required field survey, setting up an account, and determining time frames for completion of each task to meet the CLEC's Request. Be sure a BAN number is assigned by the Qwest Service Support Representative for each request before sending an Attachment 1.A. To request a BAN number send an email requesting one to: wsstßYgwest.com. Include your name, company, phone number, email address, city and state of our inquiry. A BAN number wil be assigned to your inquiry and wil be emailed to you along with other materials. As indicated on Attachment 1.A, a copy of the signed Attachment and maps of the desired route must be emailed to wsst~qwest.com while the fee must be sent to the Qwest CLEC Joint Use Manager with the original signed Attachment 1.A. The map should clearly show street names and highways along the entire route, and specific locations of entry and exit of the ROW/duct/pole system. Area Maps should be legible and identify all significant geographic characteristics including, but not limited to, the following: Qwest central offces, streets, cities, states, lakes, rivers, mountains, etc. Qwest reserves the right to reject ilegible or incomplete maps. If CLEC wishes to terminate at a particular manhole (such as a POI) it must be indicated on the maps. For ROW: Section, Range and Township, to the 'X section must also be provided. Qwest wil complete the Inquiry review and prepare and return a Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation (Attachment 1.B) to the CLEC generally within ten (10) days or the applicable federal or state law, rule or regulation that governs this Agreement in the state in which Innerduct attachment is requested. In the case of poles, Qwest wil assign a Field Engineer and provide his/her name and phone number to the CLEC. The Field Engineer wil check the local database and be available for a joint verification with the CLEC. The Polesllnnerduct Verification/ROW Access Agreement Preparation Costs Quotation will be valid for thirt (30) calendar days from the date of quotation. The Inquiry step results only in the location and mapping of Qwest facilties and does not indicate whether space is available. This information is provided with Attachment 1. B. Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LH/O Idaho/CDS-020 124-0083 December 10, 2001 Page 1 SGAT Exhibit 0 In the case of ROW, Qwest wil prepare and return a ROW information matrix and a copy of agreements listed in the ROW Matrix, within ten (10) days. The ROW Matrix wil identify (a) the owner of the ROW as reflected in Qwests records, and (b) the nature of each ROW (Le., publicly recorded and non-recorded). The ROW information matrix wil also indicate whether or not Qwest has a copy of the ROW agreement in its possession. Qwest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that, to the extent that real property rights run with the land, the original granting part may not be the current owner of the property. In the case of MDUs, Qwest will prepare and return an MDU information matrix, within ten (10) days, which wil identify (a) the owner of the MDU as reflected in Qwests records, and (b) whether or not Qwest has a copy of the agreement between Qwest and the owner of a specific multi-dwellng unit that grants Qwest access to the multi-dwellng unit in its possession. Qwest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that the original landowner may not be the current owner of the propert. Qwest wil provide to CLEC a copy of agreements listed in the Matrices that have not been publicly recorded if CLEC obtains authorization for such disclosure from the third part owner(s) of the real propert at issue by an executed version of the Consent to Disclosure form, which is included in Attachment 4. Qwest wil redact all dollar figures from copies of agreements listed in the Matrices that have not been publicly recorded that Qwest provides to CLEC. Alternatively, in order to secure any agreement that has not been publicly recorded, a CLEC may provide a legally binding and satisfactory agreement to indemnify Qwest in the event of any legal action arising out of Qwests provision of such agreement to CLEC. In that event, the CLEC shall not be required to execute the Consent to Disclosure form. If there is no other effective agreement (i.e., an Interconnection Agreement) between CLEC and Qwest concerning access to Poles, Ducts and ROW, then Attachment 3 must be executed by both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles, Ducts and/or ROW. 2.2 Attachment 1.8 (Verification) & Attachment 4 (Access Agreement Preparation). With respect to Poles and Innerduct, upon review and acceptance of signed Attachment 1.8 and payment of the estimated verification costs by the CLEC, Qwest wil conduct facilities verification and provide the requested information which mayor may not include the following: a review of public and/or internal Qwest right-of-ways records for restrictions, identification of additional rights-of-way required; a field survey and site investigation of the Innerduct, including the preparation of distances and drawings, to determine availability on existing Innerduct; identification of any make-ready costs required to be paid by the CLEC, if applicable, prior to installng its facilities. In the case of Poles, Attachment 1.8 orders the field verification which may be done jointly. A copy of the signed Attachment 1.8 should be emailedtowsst(Qqwest.com while the appropriate fees should be sent to the Qwest-CLEC Joint Use Manager with the original signed Attachment 1.8. Upon completion of the verification, Attachment 2 wil be sent to the CLEC by Qwest. With respect to ROW, upon review and acceptance of signed Attachment 1.8 and payment of the ROW conveyance consideration, Qwest wil deliver to the CLEC an executed and acknowledged Access Agreement to the CLEC in the form attached hereto as Attachment 4 (the "Accss Agreement"). In the event that the ROW in question was created by a publicly recorded document and Qwest has a copy of such document in its fies, a copy of the Right-of-Way Agreement, as Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 2 SGAT Exhibit D defined in the Access Agreement, wil be attached to the Access Agreement and provided to the CLEC at the time of delivery of the Access Agreement. If the ROW was created by a document that is not publicly recorded, or if Qwest does not have a copy of the Right-of-Way Agreement in its possession, the Access Agreement wil not have a copy of the Right-of-Way Agreement attached. If the ROW was created by a non-publicly recorded document, but Qwest does not have a copy of the Right-of-Way Agreement in its possession, the CLEC must obtain a copy of the Right-of-Way Agreement or other suitable documentation reasonably satisfactory to Qwest to describe the real property involved and the underlying rights giving rise to the Access Agreement. Although Qwest wil provide the identity of the original grantor of the ROW, as reflected in Qwests records, the CLEC is responsible for determining the current owner of the property and obtaining the proper signature and acknowledgement to the Access Agreement. If Qwest does not have a copy of the Right-of-Way Agreement in its records, it is the responsibilty of the CLEC to obtain a copy of the Right-of-Way Agreement. If the ROW was created by a publicly recorded document, the CLEC must record the Access Agreement (with the Right-of-Way Agreement attached) in the real propert records of the county in which the propert is located. If the ROW was created by a grant or agreement that is not publicly recorded, CLEC must provide Qwest with a copy of the properly executed and acknowledged Access Agreement and, if applicable, properly executed Consent Regarding Disclosure form or letter of indemnification. Qwest is required to respond to each Attachment 1.8. submitted by CLEC within 35 days of receiving the Attachment 1.8. In the event that Qwest believes that circumstances require a longer duration to undertake the activities reasonably required to deny or approve a request, it may petition for relief before the Commission or under the escalation and dispute resolution procedures generally applicable under the interconnection agreement, if any, between Qwest and CLEC. 2.3 PoleslDuct Order Attachment 2 (Access). In the case of Poles and Innerduct, upon completion of the inquiry and verification work described in Section 2.2 above, Qwest wil provide the CLEC a Poles/lnnerduct Order (Attachment 2) containing annual recurring charges, estimated Make-ready costs. Upon receipt of the executed Attachment 2 Order form from the CLEC and applicable payment for the Make-Ready Fees identified, Qwest wil assign the CLEC's requested space; Qwest wil also commence the Make-ready work within 30 days following payment of the Make-Ready Fees. Qwest wil notify CLEC when Poles/lnnerductare ready for attachment or placement of Facilities. A copy of the signed Attachment 2 form should be emailed to wsst(fgwest.com while the payment should go to the Joint Use Manager along with the original signed Attachment 2. NOTE: Make-ready work performed by Qwest concerns labor only. For Poles it involves rearrangement to accommodate the new attachment. For Innerduct, it involves placing the standard three innerducts in the conduit to accommodate fiber cable where spare conduit exists. Segments without conduit space are considered "blocked". Qwest wil consider repair or clearing damaged facilities, but may not construct new facilities as part of Make-ready work. Construction work to place conduit or replace poles may be required where facilities are blocked. The CLEC may contract separately with a Qwest-approved contractor to complete the construction provided a Qwest inspector inspects the work during and after construction. If other parties benefi from construction, the costs may be divided among the beneficiaries. Construction costs are not included in Attachment 2. The CLEC is not encouraged to sign the Poles/lnnerduct Order (Attachment 2) until provisions have been made for construction. Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 3 SGAT Exhibit 0 2.4 Provision of ROW/Poles/lnnerduct. Qwest agrees to issue to CLEC for any lawful telecommunications purpose, a nonexclusive, revocable Order authorizing CLEC to install, maintain, rearrange, transfer,.and remove at its sole expense its Facilties on Poles/lnnerduct to the extent owned or controlled by Qwest. Qwest provides access to Poles/lnnerduct/ROW in accordance with the applicable federal, state, or local law, rule, or regulation, incorporated herein by this reference, and said body of law, which governs this Agreement in the state in which Poles/lnnerduct is provided. Any and all rights granted to CLEC shall be subject to and subordinate to any future federal, state, and/or local requirements. Nothing in this General Information shall be construed to require or compel Qwest to construct, install, modify, or place any Poles/lnnerduct or other facility for use by the CLEC. The costs included in the Poles/lnnerduct Verification Fee are used to cover the costs incurred by Qwest in determining if Poles/lnnerduct space is available to meet the CLEC's request; however, the CLEC must agree and wil be responsible for payment of the actual costs incurred if such costs exceed the estimate. If the actual costs are less than the estimate, an appropriate credit can be provided upon request. If Qwest denies access, Qwest shall do so in writing, specifing the reasons for denial within 45 days of the initial inquiry. Likewise, the fees included in the ROW processing costs quotation are used to cover the costs incurred by Qwest in searching its databases and preparing the Access Agreement. In the event that complications arise with respect to preparing the Access Agreement or any other aspect of conveying access to Qwests ROW, the CLEC agrees to be responsible for payment of the actual costs incurred if such costs exceed the standard fees; actual costs shall include, without limitation, personnel time, including attorney time. 3. DISPUTE RESOLUTION 3.1. Other than those claims over which a federal or state regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the parties or between one of the parties to this Agreement and the employees, agents or affliated businesses of the other part, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AA") unless otherwise provided herein. The arbitrator shall be selected in accordance with AA procedures from a list of qualified people maintained by AA. The arbitration shall be conducted in the regional AA offce closest to where the claim arose. 3.2. All expedited procedures prescribed by the AA shall apply. The arbitrator's decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. 3.3. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 U.S.C. Sections 1-16) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrabilty of the claims. 3.4. If any part files a judicial or administrative action asserting claims subject to arbitration, and another party successfully stays such action and/or compels arbitration of such claims, the party filing the action shall pay the other party's costs and expenses incurred in seeking such stay or compellng arbitration, including reasonable attorney's fees. Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 4 SGAT Exhibit 0 ATTACHMENT 1. A Poles/lnnerductl or ROW Inquiry Preparation Fee General Agreement BAN Number (one for each route must be assigned before processing): Date Submitted:Date Replied to CLEC: CLEC Name Biling Address: Phone Number: State and city of inquiry: Contact name: e-mail address: Poles/lnnerduct Permit Database Search Costs Quotation(One Mile Minimum) Costs Est. Miles Total 1. Pole Inquiry Fee (see attached pricing chart) X 2. Innerduct Inquiry Fee (see attached pricing chart) X 3. ROW Records Inquiry (see attached pricing chart) X 4. Estimated Interval for Completion of Items 1, 2 or 3: 10 5. Additional requirements of CLEC: = $ = $ = $ Days This Inquiry wil result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure fitting the requested route, if available, and a quote of the charges for field verification, and/or (b) in the case of ROW, a ROW identification matrix, a quote of the charges for preparation of and consideration for, the necessary Access Agreements, and copies of ROW documents in Qwests Possession. (c) For Poles, the name and telephone number of the Field Engineer are provided so that the CLEC may contact the Qwest Field engineer and discuss attachment plans. If a field verification of poles is required, Attachment 1.B must be completed and the appropriate charges paid. Innerduct verification is always needed. By signing below and providing payment of the Estimated Costs identified above, the CLEC desires Qwest to proceed with the processing of its database/records search and acknowledges receipt of this General Information, including the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. Quotes expire in 30 days. Qwest Corporation Signature Signature Name Typed or Printed Name Typed or Printed Title Title Date Date This signed form (original) must be sent with a check for the Inquiry amount (to "Qwest") to: Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 5 SGAT Exhibit 0 Debra Marshall, Qwest Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112 303.784. 0387 A copy of this form must be sent with two acceptably-detailed maps showing the requested route to: Qwest Service Representative at: wsstCÐqwest.com. Put "Agree" on signature line. Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 6 SGATExhibit D ATTACHMENT 1.8 General Agreement BAN Number: Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation Date Nonrefundable Received:Date Replied to CLEC: **NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE.** Estimated Costs Number Total Charge $ $ $ $ 1. Pole Field Verification Fee (10 pole minimum) 2. Innerduct Field Verification Fee 3. Preparation of private ROW documents 4. Access Agreement Prep. and Consideration$10/ Access Agreement 5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:Working Days Comments: By signing below and providing payment of the Total Estimated Costs identified above, the CLEC desires Qwest to proceed with the processing of its field survey/preparation of Access Agreements, and acknowledges receipt of this General Information, including the General Terms and Conditions under which Qwest offers such ROW/Poles/lnnerduct. The CLEC acknowledges the above costs are estimates only and CLEC may be financially responsible for final actual costs which exceed this estimate, or receive credit if requested. Quotes expire in 30 days. Qwest Corooration Signature Sianature Name Tvped or Printed Name Tvped or Printed Title Title Date Date The original signed form must be sent with a check for the verification amount to: Owest Idaho SGAT Second Revision, Exhibit D 1I25/021H for LHIXO Idaho/CDS-020124-0083 December 10, 2001 Page 7 SGAT Exhibit 0 Debra Marshall, Qwest CLEC Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112 An email copy of this form must be sent to: wsst(fgwest.com, with "Agree" on the signature line. Owest Idaho SGAT Second Revision, Exhibit D 1I25102IHAH for LHiXO Idaho/CDS-020124-0083 December 10, 2001 Page 8 SGAT Exhibit 0 ATTACHMENT 2 Poles/lnnerduct Order General Agreement BAN Number: **NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE** Make-ready Work required: Yes ( ) No () Date Received If Yes is checked, estimated Make-ready costs: $ The following Attachments are hereby incorporated by reference into this Order: 1 . Term - Effective Date - 2. Summary of Field Results (including Make-Ready work if required). 3. When placing fiber, CLEC must: a. provide Qwest representative, a final design of splice, racking and slack locations in Qwest utility holes. b. tag all equipment located in/on Qwests facilties from beginning of the route to the end, and at the entrance and exit of each utilty hole with the following information: (1) CLEC's Name and Contact Number, (2) Contract Number and Date of Contract, (3) Number of Fibers in the Innerduct and Color of Occupied Innerduct. A IR Ch f thO P "tnnuaecurrngarges or is ermi: Total Annual Annual Charae Quantitv Charge 1. Pole Attachment, Per Pole $I $ 2, Innerduct Occupancy, Per Foot $$ 3.Request conf. call for Construction?YES NO Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core drils, stubouts, not innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable attachment = one foot). If you do not place an order at this time, these Poles/lnnerduct wil be assigned on a first come-first served basis. Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF INNERDUCT OR REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING CHARGE FOR YEAR 2001 HAS BEEN PRORATED TO (/DAY * DAYS). PLEASE PROVIDE PAYMENT FOR THE MAKE- READY COSTS AND THE PRORATED 2001 RECURRING FEE ALONG WITH THIS SIGNED ORDER By signing below and providing payment of the Make-ready costs and the first year's prorated Annual Recurring Charge (or, if CLEC requests Semiannual billng, then the first half-year's prorated Semiannual Recurring Charge), the CLEC desires Qwest to proceed with the Make-ready Work identified herein and acknowledges receipt of the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. By signing this document you are agreeing to the access described herein. Quotes expire in 90 days. Return this signed form and check to: Debra Marshall, Joint Use Supervisor, Suite 101, 6912 S. Quentin, Enalewood, CO 80112. Send a copy to: wsstcæqwest.com. Qwest Corporation Signature Siçinature Name Typed or Printed Name Tvped or Printed Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 9 SGAT Exhibit 0 I TitleDate §Tüie Date Qwest Idaho SGAT Second Revision, Exhibit D 1I25/02IHAH for LHIO Idaho/CDS-020124-0083 December 10, 2001 Page 10 SGAT Exhibit 0 ATTACHMENT 3 General Agreement: QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT OCCUPANCY GENERAL TERMS AND CONDITIONS This is an Agreement between ("CLEC") and Qwest Corporation ("Qwest"), for one or more Orders for the CLEC to obtain access to Qwests Right-of-Way ("ROW") and/or to install/attach and maintain their communications facilities ("Facilities") to Qwests Poles and/or placement of Facilities on or within Qwests Innerduct (collectively "Poles/lnnerduct") described in the General Information and CLEC Map, which are incorporated herein by this reference (singularly "Ordet' or collectively, "Orders"). If there is no other effective agreement (i.e., an Interconnection Agreement) between CLEC and Qwest concerning access to Poles, Ducts and ROW, then this Agreement/Attachment 3 must be executed by both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles, Ducts and/or ROW. 1. SCOPE. 1.1 Subject to the provisions of this Agreement, Qwest agrees to issue to CLEC for any lawful telecommunications purpose, (a) one or more nonexclusive, revocable Orders authorizing CLEC to attach, maintain, rearrange, transfer, and remove at its sole expense its Facilties on Polesllnnerduct owned or controlled by Qwest, and/or (b) access to Qwests ROW to the extent that (i) such ROW exists, and (ii) Qwest has the right to grant access to the CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local, state and/or federal requirements, and in the case of ROW, to the original document granting the ROW to Qwest or its predecessors. 1.2 Except as expressly provided herein, nothing in this Agreement shall be construed to require or compel Qwest to construct, install, modify, or place any Poles/lnnerduct or other facility for use by CLEC or to obtain any ROW for CLEC's use. 1.3 Qwest agrees to provide access to ROW/Poles/lnnerduct in accordance with the applicable local, state or federal law, rule, or regulation, incorporated herein by this reference, which governs this Agreement in the state in which Poles/lnnerduct is provided. 2. TERM. Any Order issued under this Agreement for Pole attachments or Innerduct occupancy shall continue in effect for the term specified in the Order. Any access to ROW shall be non- exclusive and perpetual, subject to the terms and conditions of the Access Agreement (as hereinafter defined) and the original instrument granting the ROW to Qwest. This Agreement shall continue during such time CLEC is providing Poles/lnnerduct attachments under any Order to this Agreement. 3. TERMINATION WITHOUT CAUSE. 3.1 To the extent permitted by law, either party may terminate this Agreement (which wil have the effect of terminating all Orders hereunder), or any individual Order(s) hereunder, without cause, by providing notice of such termination in writing and by certified Mail to the other part. The written notice for termination without cause shall be dated as of the day it Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 11 SGAT Exhibit 0 is mailed and shall be effective no sooner than one hundred twenty (120) calendar days from the date of such notice. 3.2. Termination of this Agreement or any Order hereunder does not release either part from any liabilty under this Agreement that may have accrued or that arises out of any claim that may have been accruing at the time of termination, including indemnity, warranties, and confidential information. 3.3 If Owest terminates this Agreement for Cause, or if ClEC terminates this Agreement without Cause, ClEC shall pay termination charges equal to the amount of fees and charges remaining on the terminated Order(s) and shall remove its Facilities from the Polesl/nnerduct within sixty (60) days, or cause Owest to remove its Facilties from the Polesl/nnerduct at ClEC's expense; provided, however, that ClEC shall be liable for and pay all fees and charges provided for in this Agreement to Owest until ClEC's Facilities are physically removed. Notwithstanding anything herein to the contrary, upon the termination of this Agreement for any reason whatsoever, all Orders hereunder shall simultaneously terminate. 3.4 If this Agreement or any Order is terminated for reasons other than Cause, then ClEC shall remove its Facilties from Poles/lnnerduct within one hundred and eighty (180) days from the date of termination; provided, however, that ClEC shall be liable for and pay all fees and charges provided for in this Agreement to Owest until ClEC's Facilities are physically removed. 3.5 Owest may abandon or sell any Poles/lnnerduct at any time by giving written notice to the ClEC. Upon abandonment of Poles/lnnerduct, and with the concurrence of the other ClEC(s), if necessary, ClEC shall, within sixty (60) days of such notice, either apply for usage with the new owner or purchase the Poles/lnnerduct from Owest, or remove its Facilities therefrom. Failure to remove its Facilities within sixt (60) days shall be deemed an election to purchase the Poles/lnnerduct at the current market value. 4. CHARGES AND BILLING. 4.1. ClEC agrees to pay Owest Poles/lnnerduct usage fees ("Fees") as specified in the Order. Fees wil be computed in compliance with applicable local, state and Federal law, regulations and guidelines. Such Fees wil be assessed, in advance on an annual basis. Annual Fees wil be assessed as of January 1 st of each year. Fees are not refundable except as expressly provided herein. ClEC shall pay all applicable Fees and charges specified herein within thirt (30) days from receipt of invoice. Any outstanding invoice wil be subject to applicable finance charges. 4.2. Owest has the right to revise Fees, at its sole discretion, upon written notice to ClEC within at least sixty (60) days prior to the end of any annual biling period. 5. INSURANCE. The ClEC shall obtain and maintain at its own cost and expense the following insurance during the life of the Contract: 5.1. Workers' Compensation and/or longshoremen's and Harbor Workers Compensation insurance with (1) statutory limits of coverage for all employees as required by statute; and (2) although not required by statute, coverage for any employee on the job site; and Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LHIO Idaho/CDS-020124-0083 December 10, 2001 Page 12 SGAT Exhibit 0 (3) Stop Gap liability or employer's liabilty insurance with a limit of One Hundred Thousand Dollars ($100,000.00) for each accident. 5.2 General liability insurance providing coverage for underground hazard coverage (commonly referred to as "U" coverage), products/completed operations, premises operations, independent contractor's protection (required if contractor subcontracts the work), broad form propert damage and contractual liability with respect to liability assumed by the CLEC hereunder. This insurance shall also include: (1) explosion hazard coverage (commonly referred to as "X" coverage) if the work involves blasting and (2) collapse hazard coverage (commonly referred to as "c" coverage) if the work may cause structural damage due to excavation, burrowing, tunneling, caisson work, or under- pinning. The limits of liabilty for this coverage shall be not less than One Millon Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or property damage. These limits of liability can be obtained through any combination of primary and excess or umbrella liabilty insurance. 5.3 Comprehensive automobile liability insurance covering the use and maintenance of owned, non-owned and hired vehicles. The limits of liabilty for this coverage shall be not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or propert damage. These limits of liabilty can be obtained through any combination of primary and excess or umbrella liabilty insurance. 5.4 Qwest may require the CLEC from time-to-time during the life of the Contract to obtain additional insurance with coverage or limits in addition to those described above. However, the additional premium costs of any such additional insurance required by Qwest shall be borne by Qwest, and the CLEC shall arrange to have such costs biled separately and directly to Qwest by the insuring carrier(s). Qwest shall be authonzed by the CLEC to confer directly with the agent(s) of the insuring carrier(s) concerning the extent and limits of the CLEC's insurance coverage in order to assure the suffciency thereof for purposes of the work performable under the Contract and to assure that such coverage as a hole with respect to the work performable are coordinated from the standpoint of adequate coverage at the least total premium costs. 5.5 The insuring carrier(s) and the form of the insurance policies shall be subject to approval by Qwest. The CLEC shall forward to Qwest, certificates of such insurance issued by the insuring carrier(s). The insuring carrier(s) may use the ACORD form, which is the Insurance Industries certificate of insurance form. The insurance certificates shall provide that: (1) Qwest is named as an additional insured; (2) thirt (30) calendar days pnor written notice of cancellation of, or material change or exclusions in, the policy to which the certificates relate shall be given to Qwest; (3) certification that underground hazard overage (commonly referred to as "U" coverage) is part of the coverage; and (4) the words "pertains to all operations and projects performed on behalf of the certificate holdet' are included in the description portion of the certificate. The CLEC shall not commence work hereunder until the obligations of the CLEC with respect to insurance have been fulfiled. The fulfillment of such obligations shall not relieve the CLEC of any liability hereunder or in any way modify the CLEC's obligations to indemnify Qwest. 5.6 Whenever any work is performed requiring the excavation of soil or use of heavy machinery within fify (50) feet of railroad tracks or upon railroad right-of-way, a Railroad Protective Liability Insurance policy wil be required. Such policy shall be issued in the name of the Railroad with standard limits of Two Milion Dollars ($2,000,000.00) per Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 13 SGAT Exhibit 0 occurrence combined single limit for bodily injury, propert damage or physical damage to property with an aggregate limit of Six Millon Dollars ($6,000,000.00). In addition, said policy shall name Owest and the CLEC/SubCLEC on the declarations page with respect to its interest in these specific job. Said insurance policy shall be in form and substance satisfactory both to the Owest and the Railroad and shall be delivered to and approved by both parties prior to the entry upon or use of the Railroad Propert. 5.7 Whenever any work must be performed in the Colorado State Highway right-of-way, policies and certificates of insurance shall also name the State of Colorado as an additional insured. Like coverage shall be furnished by or on behalf of any subcontractor. Copies of said certificates must be available on site during the performance of the work. 6. CONSTRUCTION AND MAINTENANCE OF FACILITIES. 6.1 Owest retains the right, in its sole judgment, to determine the availabilty of space on Poles/lnnerduct. When modifications to a Owest spare conduit include the placement of innerduct, Owest retains the right to install the number of innerducts required to occupy the conduit structure to its full capacity. In the event Owest determines that rearrangement of the existing facilities on Poles/lnnerduct is required before CLEC's Facilities can be accommodated, the cost of such modification wil be included in the CLEC's nonrecurring charges for the associated Poles/lnnerduct Order. 6,2 CLEC shall be solely responsible for obtaining the necessary underlying legal authority to occupy Poles/lnnerduct on governmental, federal, Native American, and private rights of way, as applicable, and Owest does not warrant or represent that providing CLEC with access to the Poles/lnnerduct in any way constitutes such legal right. The CLEC shall obtain any necessary permits, licenses, bonds, or other legal authority and permission, at the CLEC's sole expense, in order to perform its obligations under this Agreement. The CLEC shall contact all owners of public and private rights-of-way, as necessary, to obtain written permission required to perform the work prior to entering the propert or starting any work thereon and shall provide Owest with written documentation of such legal authority prior to placement of its facilties on or in the Poles/lnnerduct. The CLEC shall comply with all conditions of rights-of-way and Orders. 6.3 CLEC's Facilties shall be placed and maintained in accordance with the requirements and specifications of the current applicable standards of Bellcore Manual of Construction Standards, the National Electrical Code, the National Electrical Safety Code, and the rules and regulations of the Occupational Safety and Health Act, all of which are incorporated herein by reference, and any governing authority having jurisdiction of the subject matter of this Agreement. Where a difference in specifications exists, the more stringent shall apply. Failure to maintain Facilities in accordance with the above requirements shall be Cause as referenced in Section 3 to this Agreement for termination of the Order in question. Termination of more than two (2) Orders in any twelve-month period pursuant to the foregoing sentence shall be Cause as referenced in Section 3 for termination of this Agreement. Owests procedures governing its standard maintenance practices shall be made available upon request for public inspection at the appropriate Owest premises. CLEC's procedures governing its standards maintenance practices for Facilities shall be made available to Owest upon written request. CLEC shall within thirt (30) days comply and provide the requested information to Owest to bring their facilities into compliance with these terms and conditions. Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LHIXO Idaho/CDS-020124-0083 December 10, 2001 Page 14 SGAT Exhibit D 6.4. In the event of any service outage affecting both .Owest and CLEC, repairs shall be effectuated on a priority basis as established by local, state or federal requirements, or where such requirement do not exists, repairs shall be made in the following order: electrical, telephone (local), telephone (long distance), and cable television, or as mutually agreed to by the users of the effected Poles/lnnerduct. 6.5 In the event of an infrastructure outage, the CLEC should contact their Network Maintenance Center at 1-800-223-7881 or the CLEC may contact their Account Manager at the Interconnect Service Center. 7. MODIFICATION TO EXISTING POLES/INNERDUCT. 7.1. If CLEC requests Owest to replace or modify existing Poles/lnnerduct to increase its strength or capacity for the benefit of the CLEC and Owest determines in its sole discretion to provide the requested capacity, the CLEC shall pay Owest the total replacement cost, Owests cost to transfer its attachments, as necessary, and the cost for removal (including destruction fees) of any replaced Poles/lnnerduct, if such is necessary. Ownership of new Polesllnnerduct shall vest in Qwest. To the extent that a modification is incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the total cost as outlined above, based on the ratio of the amount of new space occupied . by the Facilities to the total amount of space occupied by all parties joining the modification. Modifications that occur in order to bring Poles/lnnerduct into compliance with applicable safety or other requirements shall be deemed to be for the benefit of the multiple parties and CLEC shall be responsible for its pro rata share of the modification cost. Except as set forth herein, CLEC shall have no obligation to pay any of the cost of replacement or modification of Polesllnnerduct requested solely by third parties. 7.2 Written notification of modification initiated by or on behalf of Owest shall be provided to CLEC at least sixty (60) days prior to beginning modifications if such modifications are not the result of an emergency situation. Such notification shall include a brief description of the nature and scope of the modification. If CLEC does not rearrange its faciltates within sixty (60) days after receipt of written notice from Owest requesting such rearrangement, Owest may perform or cause to have performed such rearrangement and CLEC shall pay for cost thereof. No such notice shall be required in emergency situations or for routine maintenance of Poles/lnnerduct. 8. INSPECTION OF FACILITIES. Owest reserves the right to make final construction, subsequent and periodic inspections of CLEC's facilities occupying the Poles/lnnerduct system. CLEC shall reimburse Owest for the cost of such inspections except as specified in Section 8 hereof. 8.1. CLEC shall provide written notice to Owest, at least fifteen (15) days in advance, of the locations where CLEC's plant is to be constructed. 8.2. TheCLEC shall forward Exhibit A, entitled "Pullng In Report" attached hereto and incorporated herein by this reference, to Owest within five (5) business days of the date(s) of the occupancy. 8.3. Owest shall provide written notification to CLEC within seven (7) days of the date of completion of a final construction inspection. Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LHIXO Idaho/CDS-020124-0083 December 10, 2001 Page 15 SGAT Exhibit 0 8.4. Where final construction inspection by Owest has been completed, CLEC shall be obligated to correct non-complying conditions within thirt (30) days of receiving written notice from Owest. In the event the corrections are not completed within the thirt (30)- day period, occupancy authorization for the Poles/lnnerduct system where non-complying conditions remain uncorrected shall terminate immediately, regardless of whether CLEC has energized the facilties occupying said Polesllnnerduct system, unless Owest has provided CLEC a written extension to comply. CLEC shall remove its facilities from said Polesllnnerduct in accordance with the provisions set forth in Section 10 of this Agreement. No further occupancy authorization shall be issued to CLEC until such non- complying conditions are corrected or until CLEC's facilities are removed from the Pole/Conduit system where such non-complying conditions exist. If agreed to in writing, by both parties, Owest shall perform such corrections and CLEC shall pay Owest the cost of performing such work. Subsequent inspections to determine if appropriate corrective action has been taken my be made by Owest. 8.5. Once the CLECs facilities occupy Owest Poles/lnnerduct system and Exhibit A has been received by Owest, Owest may perform periodic inspections. The cost of such inspections shall be borne by Owest, unless the inspection reveals any violations, hazards, or conditions indicating that CLEC has failed to comply with the provisions set forth in this Agreement, in which case the CLEC shall reimburse Owest for full costs of inspection, and re-inspection to determine compliance as required. A CLEC representative may accompany Owest on field inspections scheduled specifically for the purpose of inspecting CLEC's Facilities; however, CLEC's costs associated with its participation in such inspections shall be borne by CLEC. Owest shall have no obligation to notify CLEC, and CLEC shall have no right to attend, any routine field inspections. 8.6. The costs of inspections made during construction and/or the final construction survey and subsequent inspection shall be biled to the CLEC within thirt (30) days upon completion of the inspection. 8.7. Final construction, subsequent and periodic inspections or the failure to make such inspections, shall not impose any liability of any kind upon Owest, and shall not relieve CLEC of any responsibilities, obligations, or liability arising under this Agreement. 9. UNAUTHORIZED FACILITIES 9.1 If any facilities are found attached to Poles/lnnerduct for which no Order is in effect, Owest, without prejudice to any other rights or remedies under this Agreement, shall assess an unauthorized attachment administrative fee of Two Hundred Dollars ($200.00) per attachment per Pole or innerduct run between manholes, and require the CLEC to submit in writing, within ten (10) day after receipt of written notification from Owest of the unauthorized occupancy, a Poles/lnnerduct application. Owest shall waive the unauthorized attachment fee if the following conditions are both met: (1) CLEC cures such unauthorized attachment (by removing it or submitting a valid Order for attachment in the form of Attachment 2 of Exhibit D, within thirt (30) days of written notification from Owest of the unauthorized attachment; and (2) the unauthorized attachment did not require Owest to take curative measures itself (e.g., pullng additional innerduct) prior to the cure by CLEC. Owest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Owest rather than by CLEC. If such application is not received by Owest within the specified time period, the CLEC wil be required to remove its unauthorized facility within ten (10) days of the final date for Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LH/O Idaho/CDS-020124-0083 December 10, 2001 Page 16 SGAT Exhibit 0 submitting the required application, Owest may remove the CLEC's facilities without liability, and the cost of such removal shall be borne by the CLEC. 9.2 for the purpose of determining the applicable charge, the unauthorized Polesllnnerduct occupancy shall be treated as having existed for a period of five (5) years prior to its discovery, and the charges, as specified in Section 4, shall be due and payable forthwith whether or not CLEC is ordered to continue the occupancy of the Poles/lnnerduct system. 9.3. No act or failure to act by Owest with regard to an unauthorized occupancy shall be deemed to constitute the authorization of the occupancy; any authorization that may be granted subsequently shall not operate retroactively or constitute a waiver by Owest of any of its rights of privileges under this Agreement or otherwise. 10. REMOVAL OF FACILITIES. Should Owest, under the provisions of this Agreement, remove CLEC's facilities from the Poles/lnnerduct covered by any Order (or otherwise), Owest wil deliver the facilties removed upon payment by CLEC of the cost of removal, storage and delivery, and all other amounts due Owest. If payment is not received by Owest within thirty (30) days, CLEC wil be deemed to have abandoned such facilities, and Owest may dispose of said facilities as it determines to be appropriate. If Owest must dispose of said facilities, such action wil not relieve CLEC of any other financial responsibility associated with such removal as provided herein. If CLEC removes its facilties from Poles/lnnerduct for reasons other than repair or maintenance purposes, the CLEC shall have no right to replace such facilities on the Poles/lnnerduct until such time as all outstanding charges due to Owest for previous occupancy have been paid in fulL. CLEC shall submit Exhibit B, entitled "Notification of Surrender of Modification of Conduit Occupancy License by CLEC," or Exhibit C, entitled "Notification of Surrender of Modification of Pole Attachment by CLEC," each as attched hereto, advising Owest as to the date on which the removal of facilties from each Poles/lnnerduct has been completed. 11. INDEMNIFICATION AND LIMITATION OF LIABILITIES. CLEC shall indemnify and hold harmless Owest, its owners, parents, subsidiaries, affiliates, agents, directors, and employees against any and all liabilities, claims, judgments, losses, orders, awards, damages, costs, fines, penalties, costs of defense, and attorneys' fees ("Liabilities") to the extent they arise from or in connection with: (1) infringement, or alleged infringement, of any patent rights or claims caused, or alleged to have been caused, by the use of any apparatus, appliances, equipment, or parts thereof, furnished, installed or utilzed by the CLEC; (2) actual or alleged fault or negligence of the CLEC, its offcers, employees, agents, subcontractors and/or representatives; (3) furnishing, performance, or use of any material supplied by CLEC under this Contract or any product liability claims relating to any material supplied by CLEC under this Contract; (4) failure of CLEC, its officers, employees, agents, subcontractors and/or representatives to comply with any term of this Contract or any applicable local, state, or federal law or regulation, including but not limited to the OSH Act and environmental protection laws; (5) assertions under workers' compensation or similar employee benefit acts by CLEC or its employees, agents, subcontractors, or subcontractors' employees or agents; (6) the acts or omissions (other than the gross negligence or wilful misconduct) of Owest, its offcers, employees, agents, and representatives, except as otherwise provided in paragraphs 11.3 and 11.4 below; and/or, (7) any economic damages that may rise, including damages for delay or other related economic damages that the Owest or third parties may suffer or allegedly suffer as a result of the performance or failure to perform work by the CLEC. If both Owest and the CLEC are sued as a result of or in connection with the performance of work arising out of this Contract, the parties hereby agree that the defense of the case (including the costs of the defense and attorneys' fees) shall be the responsibilty of the CLEC, if Owest desires. Owest shall give the CLEC reasonable written notice of all such claims Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LHIO Idaho/CDS-020124-0083 December 10, 2001 Page 17 SGAT Exhibit 0 and any suits alleging such claims and shall furnish upon the CLEC's request and at the CLEC's expense all information and assistance available to the Owest for such defense. The parties shall employ Article 13, Dispute Resolution, to resolve any dispute concerning the proportional fault and liability after the underlying case is terminated. 11.1 IF WORK IS PERFORMED IN THE STATE OF WASHINGTON UNDER THIS GENERAL CONTRACT, THE CLEC ACKNOWLEDGES AND AGREES THAT THIS INDEMNIFICATION OBLIGATION SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CLEC, AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, OTHER WORKERS' COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION WHICH WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH A CLAIM. 11.2 Except as expressly provided herein, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT; provided, however, there shall be no limitation on a part's liabilty to the other for any fines or penalties imposed on the other party by any court of competent jurisdiction or federal, state or local administrative agency resulting from the failure of the part to comply with any term or condition of this Contract or any valid and applicable law, rule or regulation. 11.3 FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUTH DAKOTA, UTAH OR WASHINGTON, SECTION 11(6) SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF QWEST BUT SHALL EXTEND TO THE NEGLIGENCE OF QWEST WHEN CONCURRENT WITH THAT OF THE CLEC. 11.4 FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA, NEBRASKA, NEW MEXICO, OR OREGON, ARTICLE 11 SHALL NOT APPLY, EXCEPT THAT SECTION 11 SHALL APPLY FOR WORK PERFORMED IN MINNESOTA FOR MAINTENANCE OR REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH DEVICES, USED AS PART OF A MANUFACTURING, COVERING, OR OTHER PRODUCTION PROCESS INDULGING ELECTRIC, GAS, STEAM, AND TELEPHONE UTILITY EQUIPMENT USED FOR PRODUCTION, TRANSMISSION, OR DISTRIBUTION PURPOSES. 12. FORCE MAJEURE 12.1 The CLEC shall be excused from its performance as to any Order if prevented by acts or events beyond the CLEC's reasonable control including extreme weather conditions, strikes, fires, embargoes, actions of civil or military law enforcement authorities, acts of God, or acts of legislative, judicial, executive, or administrative authorities. 12.2 If such contingency occurs, Qwest may elect: 12.2.1 To terminate this Agreement as to the Order in question; or Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 18 SGAT Exhibit D 12.2.2 To terminate already-assigned specific work assignment(s) the CLEC is unable to perform, or any part thereof, and to assign new specific work assignments to other parties for the duration of the cause of the delay; or 12.2.3 To suspend already-assigned specific work assignment(s) the CLEC is unable to perform, or any part thereof, for the duration of the cause of the delay; and to assign new specific work assignments to other parties for the duration of the cause of the delay. 12.3 Qwest shall be deemed to have elected Section 12.2.3 above unless written notice of termination is given by Qwest after the contingency occurs. With respect to Qwests election of Section 12.2.3 above: 12.3.1 Qwest shall give the CLEC written notice of the work to be performed by such other part prior to its performance and shall deduct from the CLEC's price the cost of the work or services actually performed by such other parties. 12.3.2 The CLEC shall resume performance, and complete any work not performed or to be performed by another part, once the delaying cause ceases. 12.3.3 If appropriate, at the Qwests discretion, the time for completion of specific work assignment(s) shall be extended up to the length of time the contingency endured. 12.4 Qwest shall be excused from its performance if prevented by acts or events beyond the Qwests reasonable control including extreme weather conditions, strikes, fires, embargoes, actions of civil or miltary law enforcement authorities, acts of God, or acts of legislative, judicial, executive, or administrative authorities. 13. DISPUTE RESOLUTION. 13.1. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the parties or between one of the parties to this Agreement and the employees, agents or affliated businesses of the other part, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AA") unless otherwise provided herein. The arbitrator shall be selected in accordance with AA procedures from a list of qualified people maintained by AA. The arbitration shall be conducted in the regional AA office closest to where the claim arose. 13.2. All expedited procedures prescribed by the AA shall apply. The arbitrator's decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. 13.3. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 U.S.C. Sections 1-16) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrabilty of the claims. Qwestldaho SGAT Second Revision, Exhibit D 1/25/02/H for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 19 SGAT Exhibit D 13.4. If any part files a judicial or administrative action asserting claims subject to arbitration, and another part successfully stays such action and/or compels arbitration of such claims, the party filing the action shall pay the other part's costs and expenses incurred in seeking such stay or compellng arbitration, including reasonable attorney's fees. 14. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities wil act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the state where Poles/lnnerduct is provided. Nothing contained herein shall substitute for or be deemed a waiver of the parties' respective rights and obligations under applicable federal, state and local laws, regulations and guidelines, including (without limitation) Section 224 of the Communications Act of 1934, as amended (47 U.S.C. 224). The CLEC represents that it is a certified Competitive Local Exchange Carrier or otherwise has the legal right, pursuant to 47 U.S.C. 224 to attach to Qwests pole pursuant to the terms thereof. The CLEC acknowledges that Qwest wil rely on the foregoing representation, and that if such representation is not accurate, this Agreement shall be deemed void ab initio, except for Article 9 hereof, for which CLEC shall remain fully liable. 15. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of this Agreement is terminated but the parties can legally, commercially and practicably continue without the terminated provision, the remainder of this Agreement shall continue in effect. 16. GENERAL PROVISIONS. 16.1 Failure or delay by either party to exercise any right, power, or privilege hereunder, shall not operate as a waiver hereto. 16.2 This Agreement shall not be assignable by CLEC without the express written consent of Qwest, which shall not be unreasonably withheld. Assignment of this Agreement by CLEC to CLEC's subsidiary or affliate shall be presumed to be reasonable; provided, however, that CLEC must obtain Qwests consent in any event. 16.3 This Agreement benefits CLEC and Qwest. There are no third part beneficiaries. 16.4 This Agreement constitutes the entire understanding between CLEC and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. Qwest Idaho SGAT Second Revision, Exhibit D 1I25/021HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 20 SGAT Exhibit 0 The parties hereby execute and authorize this Agreement as of the latest date shown below: CLEC Qwest Corporation Signature Signature Name Typed or Printed JOHN CARVETH Name Typed or Printed Title PRODUCT MANAGER Title Date Date Address for Notices Address for Notices Qwest Corporation 1801 California, Rm. 2330"Denver, CO 80202 Contact:Contact: JOHN CARVETH Phone:Phone:303-896-0789 FAX:FAX:303-896-9022 Owest Idaho SGAT Second Revision. Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10. 2001 Page 21 SGAT Exhibit 0 EXHIBIT A PULLING IN REPORT This report is to be completed by the CLEC when fiber cable is placed into innerduct. Send to: Brooke Bale. Qwest Corp 700 W Mineral. Rm IAF12 Littleton. CO 80120 (303-707-7598) 20_ This is to advise you that pursuant to General Agreement No. granted to us under the terms of the Innerduct Agreement dated ,20_ we have completed installation of the following cable into the following ducts. Municipality From Manhole at Location To Manhole at Cable and Equipment Installed Name ofCLEC By: Title: Receipt of the above report is hereby acknowledged ,20_. Qwest Corporation By: Title: 1. Reports shall be submitted in duplicate. 2. A complete description of all facilities shall be given, including a print showing the locations, quantities, sizes and types of all cables and equipment. 3. Sketch to be furnished showing duct used. Must be same duct assigned to Licensee by Licensor as shown on Exhibit _, unless a change has been previously authorized in writing by Licensor. Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LH/O Idaho/CDS-020124-0083 December 10, 2001 Page 22 SGAT Exhibit 0 EXHIBITB CLEC: NOTIFICATION OF SURRENDER OR MODIFICATION OF CONDUIT OCCUPANCY ORDER BY CLEC Return to: Brooke Bale, owest Corp 700 W Mineral, Rm IAF12 Littleton, CO 80120 In accordance with the terms and conditions of this Agreement between us, dated , ~, notice is hereby given that the licenses covering occupancy of the following conduit are surrendered (and/or modified as indicated in Licensee's prior notification to Licensor, dated 20_) effective CONDUIT LOCATION L1C. NO. &SURRENDER OR DATE DATE MODIFICATION FAC. RMVD. OR MODIFIED Name of Licensor Name of Co- Provider By Date Notification Received Title Date Modification Accepted By Discontinued:Total duct footage Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 23 SGAT Exhibit D EXHIBITC NOTIFICATION OF SURRENDER OR MODIFICATION OF POLE A IT ACHMENT ORDER BY CLEC CLEC: Return to: Brooke Bale. Owest Corp 700 W Mineral, Rm IAF12 Littleton, CO 80120 In accordance with the terms and conditions of the Agreement between Owest and CLEC, dated ,20_, notice is hereby given that the licenses covering attachments to the following poles and/or anchors, and/or utilization of anchor/guy strand is surrendered (or modified as indicated in CLEC's prior notification to Owest, dated , 20 -- effective POLE NO.ASSOC. POLE L1C. NO. &SURRENDER OR DATE FAC. NO.DATE MODIFICATION RMVDOR MODIFIED 1.A A1GS- 2.A A1GS- 3.A A1GS- 4.A A1GS- 5.A A1GS- 6.A A1GS- 7.A A1GS- 8.A A1GS- 9.A A1GS- Date Notification Received Date Modification Received By:Name ofCLEC Discontinued: Poles Anchors By: Anchor/Guy Strands Its: Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 24 SGAT Exhibit 0 ATTACHMENT 4 FORM OF ACCESS AGREEMENT After recording, please return to: Brooke Bale 700 W Mineral, Rm IAF12 Littleton, CO 80120 ACCESS AGREEMENT THIS ACCESS AGREEMENT (this "Agreement") is made as of the _ day of ,20_, by and between QWEST CORPORATION, a Colorado corporation, sucæssor in interest to U S WEST COMMUNICATIONS, INC., a Colorado corporation ("Grantot'), whose address is, and a , whose address is ("Grantee"). RECITALS A. This Agreement relates to certain real propert (the "Property") located in the County of (the "County"), State of (the "State"). B. A copy of an agreement purporting to grant to Grantor certain rights to use the Propert, as described therein (the "Easement Rights"), is attached as Exhibit A (the "Right of Way Agreement"). C. Pursuant to 42 U.S.C. §§ 224 and 251 (b)(5), Grantor, as a Local Exchange Carrier, is required to provide access to rights-of-way to a requesting telecommunications carrier, as defined in 42 U.S.C. § 224. Grantee is a telecommunications carrier that has requested access to Grantor's Easement Rights. To comply with the aforementioned legal requirement, Grantor has agreed to share with Grantee its Easement Rights, if any, relating to the Propert, to the extent Grantor may legally convey such an interest. D. Subject to the terms and conditions set forth in this Agreement, Grantor has agreed to convey to Grantee, without any representation or warranty, the right to use the Easement Rights, and Grantee has agreed to accept such conveyance. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Right of Access. Grantor hereby conveys to Grantee and its Authorized Users (as defined below) a non-exclusive, perpetual right to access and use the Easement Rights, which right shall be expressly (a) subject to, subordinate to, and limited by the Right of Way Agreement, and (b) subject to the terms and conditions hereof. As used in this Agreement, "Authorized Users" of Owner, Grantor and Grantee shall mean Owner, Grantor or Grantee, as applicable, their respective Affiliates and agents, licensees, employees, and invitees, including, without limitation, contractors, subcontractors, consultants, Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 25 SGAT Exhibit 0 suppliers, public emergency vehicles, shipping or delivery vehicles, or construction vehicles. "Affliates" means, with respect to any Person, any Person that controls, is controlled by or is under common control with such Person, together with its and their respective members, partners, venturers, directors, offcers, stockholders, agents, employees and spouses. A Person shall be presumed to have control when it possesses the power, directly or indirectly, to direct, or cause the direction of, the management or policies of another Person, whether through ownership of voting securities, by contract, or otherwise. "Person" means an individual, partnership, limited liability company, association, corporation or other entity. 2. Grantor's Reserved Rights. Grantor reserves to itself and its Authorized Users the right to use the Easement Rights for any purpose not incompatible with the rights conveyed to Grantee by this Agreement. 3. Conditions Precedent to Effectiveness of Agreement. This Agreement is expressly conditioned on the following: a. Recordation of Agreement. If the Right-of-Way Agreement has been publicly recorded, Grantee shall be responsible for assuring that the Agreement is in appropriate form for recording in the real propert records of the County, shall pay for the recording thereof, and shall provide a copy of the recorded Agreement to Grantor at the address set forth above. A legible copy of the Right of Way Agreement must be attached to the Agreement when recorded or the Agreement shall not be effective. b. Payment of Costs and Expenses. Grantee shall pay to or reimburse Grantor for all costs and expenses, including reasonable attorneys' fees, relating to Grantor's execution and delivery of this Agreement. 4. Grantee's Representations and Warranties. Grantee represents and warrants to Grantor that: a. Authority. Grantee is a , duly formed and validly existing under the laws of the State of . All necessary action has been taken by Grantee to execute and deliver this Agreement and to perform the obligations set forth hereunder. Grantee is a "telecommunications carrier" as that term is defined in 42 U.S.C. § 224. b. Due Diligence. Grantee acknowledges and agrees that neither Grantor nor any agent, employee, attorney, or representative of Grantor has made any statements, agreements, promises, assurances, representations, or warranties, whether in this Agreement or otherwise and whether express or implied, regarding the Right of Way Agreement or the Easement Rights or the assignabilty or further granting thereof, or title to or the environmental or other condition of the Propert. Grantee further acknowledges and agrees that Grantee has examined and investigated to its full satisfaction the physical nature and condition of the Property and the Easement Rights and that it is acquiring the Easement Rights in an "AS IS, WHERE iS'' condition. Grantee expressly waives all claims for damages by reason of any statement, representation, warranty, assurance, promise or agreement made, if any. Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LHiXO Idaho/CDS-020124-0083 December 10, 2001 Page 26 SGAT Exhibit 0 5. Grantee's Covenants. a. Compliance with R1ght of Way Agreement. Grantee agrees that the rights granted by Grantor hereunder are expressly subject to, subordinate to, and limited by the Right of Way Agreement, and Grantee further agrees to comply in all respects with the terms and conditions of the Right of Way Agreement as they apply to the holder or user of the Easement Rights. In the event Grantee fails to observe or perform any of its obligations under the Right of Way Agreement, Grantor shall have the right, but not the obligation, to perform or observe such obligation to the extent that such obligation can be observed or performed by Grantor. b. Compliance with Laws. Grantee agrees to use the Propert and the Easement Rights in compliance with all applicable laws. c. No Further Grant. Grantee shall not grant to any Person other than Grantee's Authorized Users the right to use the Easement Rights without the prior written consent of Grantor, which consent may be granted or withheld in Grantor's sole discretion. d. Non-Interference. Grantee agrees that it wil not interfere with Grantor's or Grantor's Authorized Users' use of the Easement Rights and wil not take any action or fail to take any action that would negatively affect the Easement Rights or cause or contribute to the termination of the Right of Way Agreement. 6. Indemnification. Grantee hereby agrees to indemnify, defend and hold Owner, Grantor and their respective Affilates harmless from and against any and all claims, judgments, damages, liabilties, penalties, fines, suits, causes of action, costs of settlement, and expenses (including, without limitation, reasonable attorneys' fees) which may be imposed upon or incurred by Grantor or its Authorized Users, or any of them, arising from, relating to or caused by Grantee's breach of this Agreement or the use, or the use by any of Grantee's Authorized Users, of the Easement Rights. In addition to the indemnity obligations described above, in the event that any act or omission of Grantee or Grantee's Authorized Users causes, directly or indirectly, and without reference to any act or omission of Owner, Grantor or their respective Authorized users, the termination or revocation of the Easement Rights, Grantee shall be liable to Grantor for all costs incurred in connection with (a) acquiring replacement Easement Rights over the Property or over other suitable Property, as determined in Grantor's sole judgment (the "Replacement Easement"), (b) the fully-loaded cost of constructing replacement facilties over the Replacement Easement, (c) the cost of removing its facilities and personal propert from the Propert, if required by the Right of Way Agreement, and (d) any other costs of complying with the Right of Way Agreement, including, without limitation, reasonable attorneys' fees. Grantee shall pay all such amounts within ten (10) days of receipt of any invoice for such costs delivered to Grantee by Owner, Grantor or their respective Authorized Users. 7. Condemnation. If any action is taken whereby the Right of Way Agreement or any part of the Easement Rights are terminated, relocated or otherwise affected, by any taking or partial taking by a governmental authority or otherwise, then such any compensation due or to be paid to the holder of the Easement Rights due to such occurrence shall belong solely to Grantor. 8. Severable Provisions. If any term of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9. Default; Remedies. (a) If Grantee fies a petition in bankruptcy, or a petition is bankruptcy is fied against Grantee, which is not dismissed on or before fifteen (15) days after such filing, or (b) in the Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LHiXO Idaho/CDS-020124-0083 December 10, 2001 Page 27 SGAT Exhibit 0 event of Grantee's breach or threatened breach of any term, covenant or condition of this Agreement, then Grantor shall have, in addition to all other legal and equitable remedies, the right to (x) terminate this Agreement, (y) enforce the provisions hereof by the equitable remedy of specific performance, or (z) enjoin such breach or threatened breach by injunctive action, all without the necessity of proof of actual damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the obligations of Grantee hereunder, including reasonable attorneys' fees and all costs of suit, in case it becomes necessary for Grantor to enforce the obligations of Grantee hereunder, whether suit be brought or not, and whether through courts of original jurisdiction, as well as in courts of appellate jurisdiction, or through a bankruptcy court or other legal proceedings. 10. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement may be assigned at any time in whole or in part by Grantor. 11. No Dedication. Nothing contained in this Agreement shall constitute a gift or dedication of any portion of the Easement Rights to the general public or for any public purpose whatsoever. There are no intended third-party beneficiaries to this Agreement. 12. Grantor's Waiver of Confidentiality. If the Right of Way Agreement is not publicly recorded, Grantor hereby grants a limited waiver of any right to keep the terms and conditions of the Right of Way Agreement confidential, except for any dollar amounts in the Right of Way Agreement, which rights Grantor expressly reserves, and subject to Grantee's and Owner's compliance with the terms and conditions in this paragraph. In all instances, Grantee wil use the Right of Way Agreement only for the following purposes: (a) to determine whether Grantor has ownership or control over duct, conduits, or rights-of-way within the propert described in the Right of Way Agreement; (b) to determine the ownership of wire within the propert described in the Right of Way agreement; or (c) to determine the demarcation point between Grantor facilities and the Owner's facilties in the property described in the agreement. Grantee further agrees that Grantee shall not disclose the contents, terms, or conditions of any agreement provided pursuant to Section 10.8 to any Grantee agents or employees engaged in sales, marketing, or product management efforts on behalf of Grantee. Grantor's waiver of rights, subject to the limitations set forth above, is intended to be effective whether or not such right to confidentiality is expressly set forth in the Right of Way Agreement or elsewhere or may have been agreed to orally, and so long as Grantee and Owner comply with the conditions set forth above, Grantor further covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding against Owner or Grantee, based upon or arising out of Grantor's alleged right to confidentiality relating to the Right of Way Agreement, except in the event of disclosure of dollar amounts in the Right of Way Agreement. Grantor's waiver is expressly conditioned on Owner's waiver of Owner's confidentiality rights, as set forth in the Consent to Disclosure form, which is a part hereof, or Grantee's provision to Grantor of a legally binding and satisfactory agreement to indemnify Grantee in the event of any legal action arising out of Owner's provision of a non-recorded agreement to Grantee. In the event that, the person executing the Consent to Disclosure form does not have the legal right to bind the Owner, Grantor reserves the right to maintain an action for damages, including, without limitation, consequential damages, arising from such improper execution against any Person improperly executing the Consent to Disclosure form. In any event, Grantor reserves its right to (a) to enforce the confidentiality provisions of the Right of Way Agreement as to any dollar amounts set forth in such Right of Way Agreements, and/or (b) to maintain an action for damages, including, without limitation, consequential damages, arising from the disclosure of the dollar amounts in any Right of Way Agreement, against any part, including, without limitation, against Grantee or against any Person improperly executing the Consent to Disclosure form. 13. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally delivered, or (b) three (3) business days after being mailed postage prepaid, by United Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 28 SGAT Exhibit D States certified mail, return receipt requested, or (c) one business day after being timely delivered to an overnight express courier service such as Federal Express which provides for the equivalent of a return receipt to the sender, to the above described addresses of the parties hereto, or to such other address as a part may request in a writing complying with the provisions of this Section. 14. Modification; Counterparts. This Agreement may not be amended, modified or changed, nor shall any waiver of any provision hereof be effective, except by an instrument in writing and signed by the part against whom enforcement of any amendment, modification, change or waiver is sought. This Agreement may be executed in any number of counterparts, all of which shall constitute but one and the same document. 15. Controllng Law, This Agreement shall be governed by and construed in accordance with the laws of the State. 16. Waiver of Jury Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. (Signature pages followl Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 29 SGAT Exhibit D EXECUTED as of the date first written above. GRANTOR: Witnessed by:QWEST CORPORATION, a Colorado corporation, successor in interest to US WEST COMMUNICATIONS, INC., a Colorado corporation By: Name: Title: ) ) ss: ) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of20__, by as of QWEST CORPORATION, a Colorado corporation. Witness my hand and offcial seaL. (SEAL) Notary Public My Commission Expires: Qwest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LHIXO Idaho/CDS-020124-0083 December 10, 2001 Page 30 SGAT Exhibit 0 EXECUTED as of the date first written above. GRANTEE: Witnessed by:. a By: Name: Title: ) ) ss: ) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of20__. by as of a Witness my hand and offcial seaL. (SEAL) Notary Public My Commission Expires: Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 31 SGAT Exhibit 0 CONSENT TO DISCLOSURE THE UNDERSIGNED, , a ("Ownet'),whose address is , hereby consents to the terms of the following paragraphs regarding the agreement described or entitled as between Qwest Corporation, formerly U S WEST Communications, Inc. ("Qwest") and Owner for the propert located at ("Propert") that provides Qwest with access to Owner's Propert (the "Agreement"). FOR TEN DOLLARS ($10) and other good and valuable consideration, the receipt and suffciency of which are hereby acknowledged, Owner agrees as follows: 1. Title to Property. Owner represents and warrants either (a) that Owner is the owner of fee title to the Property described in the Agreement or, if no description of the Propert is given in the Agreement, then (b) that Owner is the grantor, or the successor to or assignee of the grantor, of the easement rights, if any, under the Agreement. Owner further represents and warrants that Owner has the legal right to execute this Consent to Disclosure, including, without limitation, the right to waive the confidentiality of the Agreement as set forth in paragraph 3 of this Consent to Disclosure. 2. Owner's Acknowledgments. Owner expressly acknowledges that (a) this is a legal document that may affect Owner's rights and Owner was given the opportunity to have the Agreement and this Consent to Disclosure reviewed by Owner's attorney; and (b) Owner, by signing this Consent to Disclosure, waives any rights it may have to keep the terms and provisions of the Agreement confidentiaL. 3. Owner's Waiver of Confidentiality. Owner hereby waives any right it may have to keep the terms and conditions of the Agreement confidential, whether or not such right to confidentiality is expressly set forth in the Agreement or elsewhere or may have been agreed to orally, subject to the compliance of the competitive local exchange carrier ("CLEC") with the requirements of paragraph 5. Owner further covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding against Qwest or CLEC presenting this Consent to Disclosure, based upon or arising out of Owner's alleged right to confidentiality relating to the Agreement. Owner's consent to disclosure applies only to the Agreement that is described in this Consent to Disclosure form and only to the undersigned CLEC. 4. Qwests Waiver of Confidentiality. Qwest represents and warrants that it is granting a limited waiver of its confidentiality rights that permits CLEC to review the Agreement subject to CLEC's compliance with the requirements of paragraph 5 and Qwests right to redact all dollar amounts set forth in the Agreement. Qwests consent to disclosure applies only to the Agreement that is described in this Consent to Disclosure form and only to the undersigned CLEC. 5. CLEC's Obligations. CLEC shall use the Agreement exclusively for the following purposes and for no other purpose whatsoever: (a) to determine whether Qwest has ownership or control over duct, conduits, or rights-of-way within the Property described in the Agreement; or (b) to determine the ownership of wire within the Property described in the Agreement; or Qwest Idaho SGAT Second Revision, Exhibit 0 1I25102IHAH for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 32 SGAT Exhibit 0 (c) to determine the demarcation point between Qwest facilities and the Owner's facilities in the Property described in the Agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of the Agreement to any CLEC agents or employees engaged in sales, marketing, or product management efforts on behalf ofCLEC. 6. Acknowledgement of Limitation on Waivers. Owner understands that Qwest does not agree to waive the confidentiality of the dollar amounts set forth in any Agreement, and acknowledges that Owner has no right to provide copies of such Agreements to any party unless Owner has completely deleted the dollar amounts. Owner shall not provide a copy of the Agreement unless Owner has completely deleted all dollar amounts. Whether provided by Owner or Qwest, CLEC shall comply with the conditions set forth in paragraph 5. 7. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally delivered, or (b) three (3) business days after being mailed postage prepaid, by United States certified mail, return receipt requested, or (c) one business day after being timely delivered to an overnight express courier service such as Federal Express which provides for the equivalent of a return receipt to the sender, to the above described addresses of the parties hereto, or to such other address as a party may request in a writing complying with the provisions of this Section. EXECUTED as of the date first written above. OWNER: CLEC: Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LH/XO Idaho/CDS-020124-0083 December 10, 2001 Page 33 SGAT Exhibit D EXHIBIT 1 Right of Way Agreement (This represents the ROW agreement between the Co-Provider and the propert owner) Owest Idaho SGAT Second Revision, Exhibit D 1/25/02/H for LH/O Idaho/CDS-020124-0083 December 10, 2001 Page 34 EXHIBIT E VERTICAL SWITCH FEATURES FOR UNE-SWITCHING USOC for feature Feature Description 3BL 3-Way Call Block 3CW Call Transfer - Trunk Side 53W Open Switch Interval Protection 69B1X Call ForwardinQ - Busy Line 690 Call Pick-up Directed 69H Call Forwarding - Don't Answer 69J Call ForwardinQ - Busy Line 6APPK Call Hold 6MD BarQe-ln 6SY Call Waiting Terminatina 6SZ Call WaitinQ Oriainatina 9FK Secretarial Listino A6PPK Additional Primary Directory Number, Per PDN A6QPN Additional Secondarv Directorv Number* ACS Additional Call Appearances, Per Appearance AR5 ARS Patterns Per Facilty Terminating In Patterns ARS-B Automatic Route Selection, Common Equip AS9 Additional Shared Call Appearance, Per Appearance AYK Class Anonymous Call Reiection B2DPK Automatic Dial BOV Executive Busy Override C4Z Call Park CLT Additional Directory Listino CMD Customer Dialed Account RecordinQ CTP Call Transfer - All Calls CV9 Call ForwardinQ - Variable CXT Remote Access Service 006 Secondary DN 008 Multiple Shared Call Aooearances Of A DN DAL Foreion Listino DHA Distinctive Alert DMA Directed Call Pick-uo - Per Line, Baroe-In 006 Secondary Directory Number 008 Shared Directory Number DPB Directed Call Pick-uo - Per System E1N Intracall E3D Speed Call E3F Speed Callng - 30 Per Line AccessinQ List E3P Call Pick-up E3PPK Call Pick-up E62 Call Waitino Dial OrioinatinQ E6D Directed Call Pick-up - Per Line, Non BarQe-ln Qwest Idaho SGAT Second Revision, Exhibit E 1/25/02/H for LH/XO Idao/CDS-020124-0083 December 10. 2001 Page 1 EXHIBIT E VERTICAL SWITCH FEATURES FOR UNE.SWITCHING usoe for feature Feature Description E6G Call Forwarding - Busy Restricted E6GUR Call Forwarding - Busy Unrestricted E6N Call Waiting -lntraarouD, Per Line Equipped ESe Speed Callng 8# E9G Call Forwarding - Don't Answer Restricted E9GUR Call Forwarding - Don't Answer Unrestricted EAB Call Hold EAT Call Forwarding - Variable EBR Attendant Camp-On And Indication Of Camp-On EGR Group Use Service EH6 Multilne Hunt Group - Circular Hunt EH8 Multilne Hunt Group - Preferential List Hunt - First Line - Equipped EH9 Multilne Hunt Group - Preferential List Hunt Additional Line - Equipped E03 Call Transfer ERB Call Forward Busv - Cust Activate ERD Call Forward Don't Answer - Cust Activate Ese 3-Way ESH Convenience Dialina - Shared User ESHT3 Speed Callng - 30 Per List ESHT6 Speed Callng - 6 Per List ESM Call Forward Variable EST Speed Callng - 6 Per Line Accessing List ESX Call Waiting ESZ Call Waiting - Originating ETD Call Diversion ETG Call Restriction ETQPB/BLF Direct Station Selection/Busv Lamp Field ETQPB/Gle Group Intercom All Calls ETQPB/MWI Messaae Center Bus Set EVB Call Forward Busy - Proarammed EVBHG Call Forward Busy - Per Hunt Group EVD Call Forward Don't Answer - Programmed EVDHG Call Forward Don't Answer - Per Hunt Group EVF Call Forward Busy Line Don't Answer, Forward To Outside Number EVFHG Call Forward Busy Line Don't Answer, Forward To Outside Number, Per Hunt GrouD EVK Call Forward Busy Line Don't Answer, Overfow EVKHG Call Forward Busy Line Don't Answer, Overfow, Per Hunt Group EVO Call Forward Busy Line, Overfow Qwest Idaho SGAT Second Revision, Exhibit E 1/25/02/H for LHIXO Idaho/CDS-020124-0083 December 10, 2001 Page 2 EXHIBIT E VERTICAL SWITCH FEATURES FOR UNE-SWITCHING USOC for feature Feature Description EVOHG Call Forward Busv Line, Overfow - Per Hunt Group EY3PS Network Speed Call FAL Additional ListinQ In Another Directorv FBJ Call Forward, Busv Line - Expanded FBJHG Call Forward, Busv Line - Expanded - Per Hunt Group FCU/FCY Call ForwardinQ-Proarammable FOJ Call Forward, Don't Answer - Expanded FOJHG Call Forward, Don't Answer - Expanded - Per Hunt Group FGOPN Secondary Directorv Number, Per SON FlO LNR after line USOC Last Number Redial FlO MSB after line USOC Make Set Busy FlO NOT after line USOC Data Call Protection FlO PRK after line USOC Call Park FKAPN Continuous Redial, Per PDN FKOPN Last Call Return, Per PDN FKEPN Selective Call ForwardinQ, Per PDN FKQPN Call Rejection, Per PDN FNA Alternate Call Listina FOQ Call ForwardinQ Without Call Completion FVJ Call Forwarding Busv Line/Don't Answer Interoffice FVJHG Call Forwarding Busy Line/Don't Answer Interoffce - Per Hunt Group G5BPN X.25 Reverse Charae Acceptance, Per Number GFOPN Packet Switched Data IncludinQ One X.25 LOQical Channel GSVPK X.25 Throughput Class NeQotiation GVJ Speed CallnQ - 1 & 2 Diait List GVT 6-Wav GW Speed Callng - 1 & 2 DiQit List GVZ Speed Callng - 1 & 2 DiQit List GXEPN X.25 Fast Select Acceptance, Per Number GXGPK X.25 Flow Control Parameter NeQotiation H6U HuntinQ - UCD - Data H6UPG Hunting - UCD - Data - Per Group HBS Last Call Return Block HCKPG Circular HuntinQ - Per Group HOT HuntinQ - Circular - Data HOTPG HuntinQ - Circular - Data - Per Group HLA Hot Line HSHHP Preferential Huntina HSO Series Completion Per Each TN Hunted To HTG Huntina Feature HX2 Call WaitinQ Terminatina Qwest Idaho SGAT Second Revision, Exhibit E 1I25/02/H for LH/O Idaho/CDS-020124-0083 December 10, 2001 Page 3 EXHIBIT E VERTICAL SWITCH FEATURES FOR UNE-SWITCHING USOC for feature Feature Description JUL Joint User Listina KX9 Toll Restriction LBN Caller Id LI DB Listina M1W Messaae Waitina Indicator AudibleNisible MAZ Analoa Call Appearance MGN Audible Messaoe Waitina Service MJJPK Conference Callna Meet Me M09PK Conference Callna Preset MUMHT Centrex Bilina; Network Access Reaister Sharina Caoabilty MV5 Visual Messaoe Waitina Service N13 Call TransferfThree Way N2D Huntino - Sequential - Data N2DPG Huntino - Sequential - Data - Per Group N3CPB Non-Standard Confiouration Group, Per Button NAE Shared Call Appearance, Per Appearance NBWPN Messaoe Waitina Indication, Per PDN NC8PN Priority Call, Per PDN NCE Class Selective Call Forwardino NOD Caller 10 Blockina-AII Calls, Per PDN NDK Automatic Identified Outward Dialino NF4VC Callna Number Id Feature Packaoe NF4VF Flexible Callno Feature Packaae NGQ Did Seauential Number Block NGS 20 Sequential DID Numbers NHGPG Kev Short Hunt, Per Group NHGPN Key Short Hunt, Per Number NHN Each DID Number NHNRN Each DID Reserved NJEPN Call Forwardino Variable-All Calls-Voice, Per ON NJGPN Call Forwardino Busy Line-All Calls-Voice, Per ON NJKPN Call Forwardino Don't Answer-All Calls-Voice, Per ON NKM Class Callng Number Delivery Blockino NKM Caller-ID Block Per Line NLT Non-Listed Service NM1PP Isdn Callno Name Deliverv NMCPN Call Name Id, Per Number NN8PK Speed Callng (8), Per Terminal NNK CLASS Name /# NPU Non-Published Service NQ1PN Call Exclusion, Per ON NQ2PN Call Forwardino Busv Line For Circuit-Switched Data NQMPN Call Forwardino Don't Answer For Circuit-Switched Data Qwest Idaho SGAT Second Revision, Exhibit E 1I25/021H for LHIXO Idaho/CDS-020124-0083 December 10, 2001 Page 4 EXHIBIT E VERTICAL SWITCH FEATURES FOR UNE.SWITCHING USOC for feature Feature Description NRCJ1 Call Forwardino - Outside NRCJ6 Call Waitino -Intraoroup, Per System NSD Caller Identification Number NSH Alternate Listino NSK Class Priority Call NSQ Class Last Call Return NSS Class Continuous Redial NSW No Solicitation Calls Directory Listino NSY Class Selective Call Reiection NTU Nioht Service (Trunk Answer Any Station) NU4PN Call Forwarding Variable-All Calls For Circuit Switched Data NW9AL Additional X.25 Loaical Channel, Per Looical Channel NWT Flexible Callno Feature Packaoe NXJPK Speed Callna (301 Per Terminal NZ6PK Six Way Conference, Per Terminal NZHPN Call Pick-up, Per Number NZQ Huntina - Sequential NZQPG Huntina - Sequential - Per Group NZS Huntino - Circular NZSPG Huntino - Circular - Per Group NZT Huntino - UCD NZTPG Huntino - UCD - Per Grouo NZVPG Intercom, Per Group OBK5X Ootional Callng Plans* OTQ Outooino Trunk Queuina PLC Code Callna PLS Advanced Private Line Termination RBVXC International Toll Block RD7PN Redirectina Number Delivery, Per Number REAGF Block Compromise Charge-Removal Of A TN From A Sequential Number Block REAGG Block Compromise Charge-Temporary Removal Of A TN From A Sequential Number Block REAGM Chanaino Number Of Diaits Outpulsed, Per Chanae REAGN Chanaina Sianalina, Per Chanae RGE Automatic Callback RGG1A Custom Ringino RGG1B Custom Rinaina RGG1C Custom Ringing RGG2A Custom Ringing RGG2B Custom Ringino RGG2C Custom Rinaino RGG3A Custom Rinoina Qwest Idaho SGAT Second Revision, Exhibit E 1/25/02/H for LHiXO Idaho/CDS-020124-0083 December 10, 2001 Page 5 EXHIBIT E VERTICAL SWITCH FEATURES FOR UNE-SWITCHING USOC for feature Feature Description RGG3B Custom Ringing RGG3C Custom Ringing RN4PP Isdn Redirecting Name Delivery RNCEP Easy Number RNN Distinctive Call Waiting Tone RTV1Q Toll Restriction - Biled Number Screening RTV1X Toll Restriction - Biled Number Screening RTV2Q Toll Restriction - Biled Number Screening RTV3Q Toll Restriction - Biled Number Screening RTV4Q Toll Restriction - Biled Number Screening RTVXN Restriction Of 976 Calls RTVQ Toll Restriction - Biled Number Screening RTVXY 1 o xx Direct Dialed Blocking RTY Toll Restriction Service Individual & Key Lines SE3PG Hunting - Series Completion - Per Group SE3PG Series Completion Hunt, Per Group SE3PN Hunting - Series Completion - Per # SEA Selective Class Of Call Screening Per Access Line SRG Selective Class Of Call Screening Per Line Or Trunk TW1 Talking Call Waiting U1E Loop Extension Technology XLL Directory Line Of Information XRW,XRS 2B+D (Circuit Switched Data)* ZNBHX Zone 2 - With Hunting; In Central (EAS) ZPTMX Isdn Call Transfer Per T-1 Facilty PACKAGES UVKBX Call Waiting/Cancel, Speed Call 30, 3-Way Automatic Call Back, and Call Forward Variable UVKEX Basic Vertical Feature Package & Class Features, Call Waiting 10, Call Name & Number Delivery, Continuous Redial, Selective Call Forwarding, Selective Call Rejection, and Anonymous Call Rejection Qwest Idaho SGAT Second Revision, Exhibit E 1/25/02/HAH for LWXO Idaho/CDS-020124-0083 December 10, 2001 Page 6 EXHIBIT F . SPECIAL REQUEST PROCESS 1. The Special Request Process shall be used for the following requests: 1.1 Requesting specific product feature(s) be made available by Qwest that are currently available in a switch, but which are not activated. 1.2 Requesting specific product feature(s) be made available by Qwest that are not currently available in a switch, but which are available from the switch vendor 1.3 Requesting a combination of Unbundled Network Elements that is a combination not currently offered by Qwest as a standard product and: 1.3.1 that is made up of UNEs that are defined by the FCC or the Commission as a network element to which Qwest is obligated to provide unbundled access, and; 1.3.2 that is made up of UNEs that are ordinarily combined in the Qwest network. 1.4 Requesting an Unbundled Network Element that has been defined by the FCC or the State Commission as a network element to which Qwest is obligated to provide unbundled access, but for which Qwest has not created a standard product, including, but not limited to, OC-192 (and such higher bandwidths that may exist) UDIT, EEL between OC-3 and OC-192 and new vaneties of subloops. 2. Any request that requires an analysis of Technical Feasibility shall be treated as a Bona Fide Request (BFR), and wil follow the BFR Process set forth in this Agreement. If it is determined that a request should have been submitted through the BFR process, Qwest wil consider the BFR time frame to have started upon receipt of the original Special Request application form. 3. A Special Request shall be submitted in writing and on the appropriate Qwest form, which is located on Qwests website. 4. Qwest shall acknowledge receipt of the Special Request within two (2) business days of receipt. 5. Qwest shall respond with an analysis, including costs and timeframes, within fifteen (15) business days of receipt of the Special Request. In the case of UNE Combinations, the analysis shall include whether the requested combination is a combination of network elements that are ordinarily combined in the Qwest network. If the request is for a combination of network elements that are not ordinarily combined in the Qwest network, the analysis shall indicate to CLEC that it should use the BFR process if CLEC elects to pursue its request. 6. Upon request, Qwest shall provide CLEC with Qwests supporting cost data and/or studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a release from its vendors within seven (7) business days, in which case Qwest wil make the data available as soon as Qwest receives the vendor release. Such cost data shall be treated as Confidential Information, if requested by Qwest under the non-disclosure sections of this Agreement. Owest Idaho SGAT Second Revision, Exhibit F 1/25/02/H for LHiXO Idao/CDS-020124-0083 December 10, 2001 Page 1 EXHIBIT G CHANGE MANAGEMENT PROCESS UNDER DEVELOPMENT Qwest Idaho SGAT Second Revision, Exhibit G 1/25/02/H for LH/XO Idaho/CDS-020124-0083 December 10, 2001 EXHIBIT H RESERVED FOR FUTURE USE Qwest Idaho SGAT Second Revision, Exhibit H 1/25/02/HAH for LH/O Idaho/CDS-020124-0083 December 10, 2001 I Exhibit I - Individual Case Basis1 1. This Agreement conta~ns references to both ICB rates and ICB intervals. The purose of this exhibit is to identify how CLEC's ICB requests - whether they be for rates or intervals - are processed though and by Qwest. 2. ICB Rate Intervals 2.1 For those products and services identified in the SGAT that contain a provision for ICB rates, Qwest wil provide CLEC with a wrtten quote of the ICB rate withn twenty (20) business days unless a specific interval for providing the quote is either contained in the SGAT or this Exhibit. 2.2 The purpose ofthis subsection is to identify those circumstances when the generic twenty (20) business day interval in the aforementioned subsection to this Exhibit does not apply. In these specified circumstances, Qwest shall provide CLEC with an ICB quote within the stated specific intervals: 2.2.1 Quotes for all Bona Fide Requests (BFR) shall be provided in accord with Section 17. 2.2.2 Quotes for all Special Request Processes (SRP) shall be provided in accord with Exhibit F. 2.2.3 Quotes for all collocation requests, regardless of the type of collocation, shall be provided in accord with the Section 8 interaL. 2.2.4 Quotes for all Field Connection Point requests shall be provided in accord with Section 9.3. 2.2.5 Quotes for all Advanced Intelligent Network (AI requests shall be provided in accord with Section 9. 2.3 Upon request, Qwest shall provide CLEC with Qwests supporting cost data and/or cost studies for the Unbundled Network Element or service that CLEC wishes to order within seven (7) business days, except where Qwest canot obtain a release from its vendors within seven (7) business days, in which case Qwest wil make the data available as soon as Qwest receives the vendor release. Consistent with the terms and conditions of any applicable vendor contract or agreement, Qwest shall diligently pursue obtaining the release of cost information as soon as reasonably possible. To the extent consistent with the terms and obligations of any applicable vendor contract or agreement, Qwest shall request the release of vendor cost information when Qwest communicates with the vendor( s) when Qwest seeks a quote for the costs of the ICB project. Such cost data shall This exhibit complies with the GTe Frozen SGAT. Qwest Idaho SGAT Second Revision, Exhibit I December 10, 2001 1I25/02/H for LHiXO ldao/CDS-020124-0083 Page 1 be treated as confidential information if requested by Qwest under the non-disclosure sections of this Agreement. 3. ICB Provisioning Intervals 3.1 For those products and services provided pursuant to this SGAT that contain a provision for ICB interval but do not contain a specific provision for when the ICB interval shall be provided, the ICB interval shall be provided within twenty (20) business days of receipt of the order, request or application. 3.2 For ICB intervals for those products and services that require negotiated project time lines for installation, such as 2/4 wire analog loop for more than twenty-five (25) loops, the Qwest representative, authorized to commit to intervals, shall meet with CLEC's representative within seven (7) business days of receipt of the request from CLEC to negotiate intervals. Qwest Idaho SGAT Second Revision, Exhibit I December 10, 2001 1/25/02/H for LH/XO Idao/CDS-020124-0083 Page 2 EXHIBIT J RESERVED FOR FUTURE USE Qwest Idaho SGAT Second Revision, Exhibit J 1/25/02/HAH for LH/XO Idaho/CDS-020124-0083 '1 ." December 10, 2001 EXHIBIT K UNDER DEVELOPMENT Owest Idaho SGAT Second Revision, Exhibit K 1/25/02/HAH for LH/O Idaho/CDS-020124-0083 .J December 10, 2001 EXHIBITL ADVICE ADOPTION LETTER1 Director of Interconnection Compliance C/O Heidi Higer Qwest 1801 California, Room 2410 Denver, CO 80202 Re: Qwest Corporation rQwest") New Product: Dear Sir or Madam: By its signature below, rCLEC") hereby agrees to be bound by the rates, terms and conditions that Qwest has offered and provided on its Web Site for the New Qwest Product identified above as an amendment to its Interconnection Agreement with Qwest for the state(s) of CLEC certifies that the rates, terms, and conditions contained on Attachment A (attached hereto) are the rates, terms and conditions contained on Qwests web site that have been provided for the New Product identified above. CLEC By: Title: Date: This exhibit complies with the GTe Frozen SGAT. Qwest Idaho SGAT Second Revision, Exhibit L December 10, 2001 1/25/02/H for LWXO Idao/CDS-020124-0083 Page 1 I EXHIBITM INTERIM ADVICE ADOPTION LETTER1 Director of Interconnection Compliance cIa Heidi Higer awest 1801 California, Room 2410 Denver, CO 80202 Re: awest Corporation ("awest") New Product: Dear Sir or Madam: By its signature below, ("CLEC") hereby agrees to be bound by the rates, terms and conditions that awest has offered and provided on its Web Site for the New awest Product identified above as an interim amendment to its Interconnection Agreement with awest for the state(s) of CLEC certifies that the rates, terms, and conditions contained on /\ttachment A (attached hereto) are the rates, terms and conditions contained on Qwests web site that have been provided for the New Product identified above. , awest acknowledges that CLEC believes that the rates, terms and conditions for the awest New Product should be altered and that CLEC enters i:ito this Interim Advice Adoption Letter with the express intention to renegotiate the rates, terms and conditions associated with the awest New Product pursuant to the terms of Section 1.7.1.2 of the SGAT. CLEC enters into this Interim Advice Adoption Letter without prejudice to or waiver of any of its rights to C ;ìallenge the terms and conditions of this Interim Advice Adoption Letter under tile Interconnection Agreement, the Act, FCC or state Commission rules.~ CLEC By: Title: Date: This exhibit complies with the GTe Frozen SGAT. Owes! Idaho SGAT Second Revision, Exhibit M December 10, 2001 1 i.::5i02IHH for LH/O Idao/CDS-020124-0083 Page 1