20030711Amendments.pdf

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July 10, 2003
MARY S. HOBSON
Direct [phone]
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VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re:Case No. QWE-O2-
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE
INTERCONNECTION AGREEMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and XO Idaho, Inc. is
an original of the Application for Approval of Amendments to the Interconnection
Agreement which provide for a DC Power Reduction Procedure and for Collocation Available
Inventory, respectively. The parties respectfully request that this matter be placed on the
Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Very truly yours~f~
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Boise-1593441 0029164-00016
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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
msho bson(ip,stoel. com
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Rex Knowles
XO Idaho, Inc.
111 East Broadway - Suite 1000
Salt Lake City, UT 84111
Telephone: [phone]
rex.knowles((V,xo.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND XO IDAHO, INe. FOR
APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 US.C. ~252(E)
CASE NO.: QWE-O2-
APPLICATION FOR APPROVAL OF '
AMENDMENTS TO THE INTERCONNECTION
AGREEMENT
Qwest Corporation ("Qwest") and XO Idaho, Inc. ("XO") hereby jointly file this
Application for Approval of Amendments to the Interconnection Agreement, which was
approved by the Idaho Public Utilities Commission on February 28, 2002 (the "Agreement"
These amendments provide for a DC Power Reduction Procedure and for Collocation Available
Inventory, respectively (the "Amendments
herewith.
copy of the Amendments are submitted
These Amendments were reached through voluntary negotiations without resort to
mediation or arbitration and are submitted for approval pursuant to Section 252(e) of the
Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page
Boise-159342.10029164-00016
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
XO and Qwest respectfully submit these Amendments provide no basis for either of these
findings, and, therefore jointly request that the Commission approve these Amendments
expeditiously. These Amendments are 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 these Amendments will enable
XO to interconnect with Qwest facilities and to provide customers with increased choices among
local telecommunications services.
XO and Qwest further request that the Commission approve these Amendments without a
hearing. Because these Amendments were reached through voluntary negotiations, they do not
raise issues requiring a hearing and do not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 10th day of July, 2003.
Qwest Corporation
~~~
Stoel Rives LLP, Attorneys for Qwest
and
Rex Knowles
XO Idaho, Inc.
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-159342.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 10th day of July, 2003, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
i i ewell(ip,puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Rex Knowles
XO Idaho, Inc.
111 East Broadway - Suite 1000
Salt Lake City, UT 84111
Telephone: [phone]
rex.knowles(ip,xo.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Luba Hromyk
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Facsimile: [phone]
Ihromvk(ip,qwestcom
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
)(?/ltMwBrandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-159342.10029164-00016
DC Power Reduction Procedure Amendment
to the Interconnection Agreement between
Qwest Corporation and
XO Idaho, Inc.
for the State of Idaho
This is an Amendment ("Amendment") for DC Power Reduction Procedure to the
Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation, and
XO Idaho, Inc.
, ("
CLEC"
).
CLEC and Qwest shall be known jointly as the "Parties
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which
was approved by the Idaho Public Utilities Commission ("Commission ) on February 28 , 2002
as referenced in ' Order No. 28964; and
WHEREAS, the Parties wish to amend the Agreement further under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms , covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged , the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding terms, conditions and rates for DC Power
Reduction Procedure as set forth in Attachment 1 and Exhibit A to this Amendment, attached
hereto and incorporated herein by this reference.
Rates in Exhibit A will reflect legally binding decisions of the Commission and shall be applied
on a prospective basis from the effective date of the legally binding Commission decision
unless otherwise ordered by the Commission.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC must generate if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by Qwest. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Amendment Waivers
The provisions of this Agreement, including the provisions of this sentence, may not be
amended modified or supplemented , and waivers or consents to departures from the provisions
of this Agreement may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any party of any default, misrepresentation , or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation , or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
June 24, 200311hdIXO DC Power Reduction Amend - ID
Amendment to: CDS-O20124-0083
Template version: DC Power Reduction Amend.doc
Entire Agreement
This Agreement (including the documents referred to herein) constitutes the full and entire
understanding and agreement between the parties with regard to the subjects of this Agreement
and supersedes any prior understandings , agreements, or representations by or between the
parties, written or oral, to the extent they relate in any way to the subjects of this Agreement.
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June 24, 2003/lhd1XO DC Power Reduction Amend - 10
Amendment to: CDS-O20124-0083
Template version: DC Power Reduction Amend.doc
Attachment 1
ATTACHMENT 1
DC POWER REDUCTION PROCEDURE
Description
Qwest's Power Reduction Procedure offers CLEC the option to reserve a fuse or
breaker position on the power board or Battery Distribution Fuse Bay (BDFB) when reducing a
multiple feed to zero. CLEC's payment of the Monthly Power Maintenance charge will provide
an option to hold the existing power cabling and fuse position for the CLEC's future power
augment requests as described in section 2.6 below.
Terms and Conditions
If a CLEC wishes to reduce its amount of power and will not require it for future use
Qwest will process the request as a standard augment order and not as a DC Power Reduction
request.
Applications for DC Power Reduction may be submitted only for collocation sites that
have been previously accepted by the CLEC. Power reductions to sites under construction or
for sites not previously accepted by the CLEC, will follow standard change or augment
procedures and rates.
Before submitting a power reduction application , CLEC'financial obligations with
respect to the collocation site must be current, with the exception of formally disputed charges.
CLEC's financial obligations include payment of one hundred percent (100%) of all non-
recurring quoted charges for the collocation site and all applicable monthly recurring charges
that are more than 30 days past due.
2.4 Collocation applications for new, change and augment requests must be submitted to
the Collocation Project Management Center (CPMC) on the form provided by Qwest at
www.qwest.co.lwholsale/pcaUcollocation.html.apform. The CPMC will notify the CLEC of any
deficiencies in the application within ten (10) days of receipt. A nonrefundable Quote
Preparation Fee (QPF) in the amount reflected in CLEC's Interconnection Agreement must be
submitted with the application.
A walk through will be performed prior to quote preparation to determine the amount of
work required to perform the power reduction.
When eliminating a secondary feed , CLEC may purchase the option to have the power
cable and fuse position held for its future use. CLEC will be required to pay a monthly Power
Maintenance Charge until such time as CLEC notifies Qwest that it wishes either to reenergize
the feed or to discontinue the option. In instances where a shortage of fuse position is
imminent, Qwest reserves the right to notify CLEC of the need to exercise its option or
relinquish the fuse position to Qwest. Upon receipt of such notification , CLEC will have the
option of energizing the secondary feed to at least 20 amps or returning the fuse position to
Qwest within thirty (30) days of receipt of the notification.
CLEC assumes all responsibility for outages and/or impacts to GLEe-provided service
and equipment due to the reduction in DC Power.
June 24, 2003/lhd1XO DC Power Reduction Amend - ID
Amendment to: CDS-O20124-0083
Template version: DC Power Reduction Amend.doc
Attachment 1
Restoration of the desired power is contingent upon desired power and fuse position
availability.
Rate Structure
Collocation charges will be based upon the information provided to Qwest by CLEC on
the Collocation Application Form. Below is an example of additional charges that are unique to
a Power Reduction Request and will be provided to CLEC via a quote:
, 3.Based on this evaluation of work provided in the quote, the rates provided in
Exhibit A to this Amendment will apply. One QPF per application/per collocation site will
be charged. When multiple feeds at the same collocation space are reduced or
eliminated, CLEC will pay one QPF. Other nonrecurring and recurring charges may
apply as reflected in GLEC's Interconnection Agreement.
Qwest will provide CLEC a quote for additional nonrecurring charges associated
with the Power Reduction Procedure based upon the rates provided in Exhibit A. All
quoted nonrecurring charges must be paid within thirty (30) Days from the quote. Such
payment constitutes CLEC's quote acceptance and authorizes Qwest to perform the
work to effect the requested power reduction.
Billing to CLEC for initial power value at the collocation site will be modified to
reflect the reduced amount upon receipt of payment of the quoted charges and will be
made effective back to the date of acceptance of the Power Reduction Application by the
CPMC.
1.4 Recurring billing for the Power Maintenance Charge will terminate on the day
CLEC energizes the feed or returns the fuse position to Qwest.
Nonrecurring Charges
QPF: Includes the cost of performing a feasibility study and producing the quote for
fulfilling the Power Reduction request. It covers the project, order and support management
associated with the administrative functions of processing the request.
Power Reduction Charge: Includes costs associated with reducing the fuse/breaker size.
Rates are categorized in this manner based upon the work involved and power distribution point
(e.BDFB or power board) and are set forth in Exhibit A of CLEC'Interconnection
Agreement. Where additional work is needed, such as rewiring the power lead at the power
source (or some cases may require relocation of the feed), rates will be calculated on an
Individual Case Basis (lCB) basis. These rates will be provided to CLEC on the quote prior to
work beginning.
Power Restoration Charge (assessed if power is restored): 1GB Charge associated with
restoring the power cable to the power source and is contingent upon whether the desired
power and fuse position is available. Qwest will evaluate work required to perform the Power
Restoration request and provide CLEC a quote utilizing standard power element charges (for
example DC power usage, labor, and cabling charges) included in Exhibit A of CLEC'
Interconnection Agreement.
June 24, 2003/lhd1XO DC Power Reduction Amend - ID
Amendment to: CDS-O20124-0083
Template version: DC Power Reduction Amend.doc
Attachment 1
Recurring Charge
Power Maintenance Charge: Monthly recurring charge associated with option to hold the
power infrastructure from a secondary feed in place for potential CLEC requests.
Ordering
CLEC should submit the "Collocation Application for New, Augment or Change" and
indicate specific power feeds to be reduced (e., eliminate or reduce multiple feeds from 60 to
zero amps or reduce main feed from 60 to 20 amps). Under the "type of request" category
CLEC should indicate thatthis is an Augment.
June 24, 2003/lhd1XO DC Power Reduction Amend - ID
Amendment to: CDS-O20124-0083
Template version: DC Power Reduction Amend.doc
Exhibit A
EXHIBIT A
Power Feed Initial Voltage Work Performed Applicable Charges
Type Value
Reduce Primary Initial amount less Changing fuse QPF-$441.
or secondary than 60 amps value at BDFB-Power reduction charge
feed value Note: Must maintain No cabling work $346.
20 amp minimum required.Total Charge: $787.
primary feed.
Initial feed at power Changing breaker QPF-$441.
board and with at Power plant Power reduction charge
reduction cable $587.
stays at power Total Charge: $1028.
board.
Reduction of power Requires power Walk through will detail work
requires a change in cabling changes and elements needed to
location from power and detailed perform reduction. Quote will
board to BDFB.engineering work be provided on an ICB utilizing
performed.standard power element
charges (DC power usage
cabling etc.) as defined in
CLEC's Interconnection
Agreement.
Secondary May be reduced to Power restored to $68.92 is added to above
Feed zero and held in Qwest inventory.nonrecurring power reduction
place for future based on initial value of
augment requests.secondary feed.
QPF-$441.
Fuse position and Monthly recurring charges of
cabling held for $37.00 to hold fuse position.
future use.
Category Description Rates/Charges
Power Qwest will evaluate work required to ICB Charge with standard
Restoration perform Power Restoration of the power power element charges (e.
cable to the power source contingent on DC power usage , labor, and
whether the desired power and fuse cabling charges) as defined in
position is available.Exhibit A of CLEC'
Interconnection Agreement.
June 24, 2003/lhd1XO DC Power Reduction Amend - ID
Amendment to: CDS-O20124-0083
Template version: DC Power Reduction Amend.doc
Collocation Available Inventory Amendment
to the Interconnection Agreement between
Qwest Corporation and
XO Idaho, Inc.
for the State of Idaho
This is an Amendment ("Amendment") for Collocation Available Inventory to the Interconnection
Agreement between Qwest Corporation ("Qwest") , a Colorado corporation, and XO Idaho, Inc.
CLEC"
).
CLEC and Qwest shall be known jointly as the "Parties
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which
was approved by the Idaho Public Utilities Commission ("Commission ) on February 28, 2002
as referenced in Order No. 28964; and
WHEREAS , the Parties wish to amend the Agreement further under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms , covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged , the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding terms, conditions and rates for Collocation
Available Inventory, as set forth in Attachment 1 and Exhibit A, to this Amendment, attached
hereto and incorporated herein by this reference.
Rates in Exhibit A will reflect legally binding decisions of the Commission and shall be applied
on a prospective basis from the effective date of the legally binding Commission decision
unless otherwise ordered by the Commission.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC must generate if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire , all system updates will need to be completed
by Qwest. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Further Amendments; Waivers
The provisions of this Agreement, including the provisions of this sentence , may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Agreement may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any party of any default , misrepresentation , or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation , or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
June 23, 2003/lhd1XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-
Entire Agreement
This Agreement (including the documents referred to herein) constitutes the full and entire
understanding and agreement between the parties with regard to the subjects of this Agreement
and supersedes any prior understandings, agreements, or representations by or between the
parties, written or oral, to the extent they relate in any way to the subjects of this Agreement.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original , but all of which shall
constitute one and the same instrument.
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Director - Business Policy
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June 23, 2003/lhd1XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
ATTACHMENT 1
Collocation Available Inventory
Description
Collocation Available Inventory provides the terms and conditions under which (1)
CLEC can purchase returned Collocation sites and elements ("Qwest Postings ) and (2) CLEC
may post CLEC controlled sites that are available for a Transfer Of Responsibility ("CLEC
Postings ). Available sites will be posted on the "Collocation Classified" web site:
http://www.qwest.com/cgi-bin/whoiesale/collocation.cgi.
Qwest Postings: Collocation sites available on the Qwest Available
Inventory list may be totally or partially completed before being returned to Qwest
inventory. Both caged and cage less sites will be offered on the inventory list.
Sites will be offered "AS IS , WHERE IS.
2 CLEC Postings: Available sites listed in the "CLEC Postings" section of
the Collocation Classifieds are eligible for Transfer to an assuming CLEC with or
without working circuits as described in the Collocation Transfer of Responsibility
Product offering.
The "Collocation Classified" web site refers to a tool used by CLEC and
Qwest to post lisitings of available collocation sites. The site contains Qwest
Postings and CLEC Postings.
Terms and Conditions
The offering of a Collocation site from the Qwest Available Inventory list shall be
limited to the offering of a specified site in Qwest's control to CLEC that either: (i) has a
commission-approved Interconnection Agreement covering the specific type of Collocation to be
obtained or (ii) is currently in negotiations with Qwest for such an Agreement. CLEC obtaining a
Collocation site from the Qwest Available Inventory must not have any overdue financial
obligations owed to Qwest pertaining to Collocation. Formally disputed charges will be treated
as an exception.
The assuming CLEC for all Qwest posted sites will be required to pay a minimum
of six (6) months of Space Construction and Floor Space Lease recurring charges should the
CLEC terminate its rights of occupancy prior to six (6) months of occupancy.
Standard Sites
Qwest Postings: Collocation sites available in the Qwest Postings may be
partially or fully completed before being returned to Qwest inventory. Both caged
and cageless sites will be offered in the Qwest Collocation Postings section.
Sites will be offered under the terms and conditions set forth in CLEC'
Interconnection Agreement. In its Collocation application for such a site, CLEC
may request to add to . or complete the Collocation site to the CLEC'
June 23, 2003/lhd1XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
specifications. In CLEC Collocation application for such a site, CLEC may also
request that Qwest reduce cable terminations. CLEC will be charged for the
removal of such cable terminations.
All services that were previously connected to the Collocation (e.
Unbundled Network Elements, CLEC to CLEC connections , administrative lines
Finished Services, Line Splitting and Line Sharing, etc.) will be disconnected
before the site is listed on the "Qwest Postings" section of the Collocation
Classifieds. Power, Grounding for caged sites and Entrance Facilities are also
disconnected prior to a site being posted. Qwest shall inventory all Reusable
and Reimbursable Elements and list them in the Qwest Postings. Shared
resources including HVAC and racking will not be listed in the Qwest postings.
When other Collocation space is not available, Qwest reserves the right to
remove Qwest postings from the Available Inventory web site to satisfy CLEC
Applications for Collocation, for Qwest space requirement needs, or for CLEC
Collocation augments to existing sites. Qwest shall not use the Qwest Postings
as a basis to claim exhaust (space, power, terminations, etc.) in any QwestPremises.
Qwest will provide CLEC with a feasibility study within ten (10) Calendar
Days after receipt of the application. Qwest will provide CLEC with a quote within
twenty-five (25) Calendar Days after providing the feasibility study. Price quotes
will be honored for thirty (30) Calendar Days from the date the quote is providedand the associated space is reserved during such period, pending CLEC'
acceptance of the quoted charges.
3.4 CLEC must pay the initial fifty percent (50%) of the quoted nonrecurring
charges to Qwest within thirty (30) Calendar Days of receiving the quote. If the
payment is not received by Qwest within such thirty (30) Calendar Day period
the quote will expire and the requested site will be returned to Qwest inventory.
The CLEC will be charged a QPF for work performed up to the point of expiration
or non-acceptance of the quote.
2.4 Special Sites:
2.4.Qwest may elect to offer Collocation sites returned through
Chapter 7 bankruptcy or abandonment. These sites "Special Sites" will not be
decommissioned and may be offered with Electronic Equipment (Equipment),
Equipment Racks , Cages DC power, Grounding and Terminations. These
Special Sites will be posted in the Qwest Available Inventory posting under
Unverified sites with equipment"
2.4.CPMC will verify whether the requested site is still available for
acquisition by conducting a feasibility study within ten (10) Calendar Days after
receipt of the application. If the site is not available the CPMC will notify the
CLEC in writing. If the site is available a site survey will be arranged with the
CLEC and Qwest State Interconnect Manager (SICM). Upon completion of the
survey Qwest will prepare a quote based on the site inventory and any requested
modifications to the site. CLEC must pay in full one hundred percent (100%) of
June 23, 2003/lhd1XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
the quoted nonrecurring charges to Qwest within thirty (30) Calendar Days of
receipt of the quote. If Qwest does not receive the payment within such thirty
(30) Calendar Day period , the quote will expire and the requested site will be
returned to Qwest inventory. The CLEC will be charged a QPF for work
performed up to the point of expiration or non-acceptance of the quote.
2.4.Upon receipt of the full payment for the quoted nonrecurring charges
Qwest will begin the establishment of the site records and the complete the job
build-out. The interval shall be forty-five (45) Days for completion of the site from
receipt of payment. In the event that the CLEC requires Qwest to install
Augments (additional services) to the existing site, the interval will revert to the
intervals defined in the assuming CLEC's Interconnect Agreement.
2.4.4 For Special Sites; IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT QWEST IS SELLING EQUIPMENT THAT IS CLASSIFIED AS "USED" OR
SURPLUS" EQUIPMENT ON AN "AS IS WHERE IS" BASIS. CLEC
UNDERSTANDS AND AGREES THAT ALL EQUIPMENT IS , CONVEYED (I) IN
AN "AS IS" "WHERE IS" CONDITION WITH ALL FAULTS LATENT AND
PATENT AND (II) ALL EQUIPMENT IS CONVEYED WITHOUT ANY QWEST
WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT OR IMPLIED BY A PARTICULAR COURSE OF DEALING.
2.4.4.All software and software license agreements for any
Equipment conveyed as part of a Special Site shall be the sole
responsibility of the assuming CLEC.
2.4.4.CLEC hereby warrants and certifies that its handling,
scrap, destruction or other disposition of any Equipment conveyed as
part of a Special Site shall conform and comply with the following.a) All applicable federal , state, county and municipal laws
statutes , regulations, and codes regulating hazardous wastes
materials or substances, including, but not limited to the Toxic
Substances Control Act (TSCA) (15 U.C. 2601 et seq.); the
Resource Conservation and Recovery Act (RCRA) (42 U.
6901 et seq.); Hazardous Materials Transportation Act (HMTA)
(49 U.C. 1801 et seq.); Occupational Safety and Health Act
(OSHA) (29 U.C. 651 et seq.); Comprehensive Environmental
Response, Compensation , and Liability Act (CERCLA)(42 U.
9601 et seq.); and any successor acts thereto or the regulations
promulgated thereunder and any applicable International laws and
regulations;
b) Environmental rules and regulations governing
environmental impacts associated with the production and or
recovery of precious metals, scrap metals and material processing
and or residual material disposition whether hazardous or non-
June 23, 2003/lhd1XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
hazardous as defined by governing laws and or applicable laws
and are the sole responsibility of the CLEC; andc) All hazardous waste , hazardous material , hazardous
substances or solid waste manifests relating to the shipping,
receiving, disposal or final disposition of the Equipment shall not
reference, list or otherwise indicate on the manifest that Qwest is
the generator, arranger, transporter, owner or otherwise the party
that owns, controls, manages, handles, stores, generates or
otherwise uses the Equipment. On any required hazardous
waste, hazardous material, hazardous substances or solid waste
manifest relating to the shipping, receiving, disposal or final
disposition of the Equipment, the CLEC shall be listed as the
generator, arranger and owner of the materials.
d) The CLEC shall comply with the applicable Qwest
Technical Publications as defined in the CLEC's Interconnection
Agreement when removing any equipment from a Special Site.
CLEC Posting: Sites listed in the "CLEC Postings" section are eligible for
Transfer Of Responsibility to an assuming CLEC. Sites may be offered with or without working
circuits. The terms and conditions for the Transfer of Responsibility shall be in accordance with
the Transfer of Responsibility Product offering.
Rate Elements
Pricing for sites listed within the Qwest Available Inventory list will be provided on
a site-specific basis. Pricing shall be in accordance with the Interconnection Agreement of the
assuming CLEC. Vacating CLEC's may receive a potential refund from sale of
available/discounted sites based on outstanding Nonrecurring charges, amounts for
reimbursable elements and transfer fees.
The following items are charged to a CLEC purchasing a "Standard site" from the
Qwest Available Inventory List. Charges will be provided to a CLEC via a quote that requires
the CLEC's acceptance before work begins.
Quote Preparation Fee (QPF) Found in CLEC's existing Interconnection
Agreement for a each specific type of Collocation site.
Reusable Elements are those Qwest inventoried components used to
provision the Collocation site. The quote will be for all components usedto install the Collocation space. These elements include Qwest
inventoried components (i.e. cage, bays , HVAC , cable racking) to
provision the original Collocation site.
Nonrecurring Collocation Rate Elements that are reused, will be
available at a 50% discount to an assuming CLEC.
June 23, 2003/lhd/XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
Reimbursable Elements are those which are not subject to a discount to
the assuming CLEC. This includes any reusable termination cabling that is part of the
available site. Reimbursable Elements considered for a potential refund are , Digital
Signal Level 0 (DSO) termination cabling, Level 1 (DS1) termination cabling, Level 3
(DS3) termination cabling, and fiber terminations (excluding entrance that run from vault
directly to Collocation site, Le. Express Fiber Entrances).
Special Site Rates: The following items are charged to an assuming
CLEC for a Special Site from the Qwest Postings. Charges will be provided to a CLEC
via a quote that requires the CLEC's acceptance before Qwest begins work.
Site Survey Fee: A non-refundable site survey fee for a formal site survey
visit with the CLEC per Exhibit A. Payment is to be submitted in conjunction with
the Collocation Application for a Special Site.
Quote Preparation Fee (QPF). The QPF for Special Sites will be a flat
rate fee per Exhibit A. If the assuming CLEC requires Augments (additional
services) to the existing site the QPF will revert to the rate defined in the CLEC'
Interconnection Agreement.
Non recurring Collocation Rate Elements: Include all Reusable elements
defined above DC Power, grounding and terminations. Special sites will be
offered at a flat 50% discount to an assuming CLEC based on the rates in its
current Interconnection Agreement. Augments (additional services) or changes to
the sites will not be discounted and will be charged at the rates as defined in the
CLEC's Exhibit A of their Interconnect Agreement or Exhibit A of this document
payable in full prior to commencement of work.
3.4 Network Assessment Fee for transfer of existing circuits to the assuming
CLEC per Exhibit A.
Any Equipment contained in the site will be conveyed at a $0.00 charge.
3.4 Recurring charges for all Products and Services will be charged at rates listed in the
assuming CLEC's Exhibit A of their Interconnection Agreement without a discount.
MN state specific language: Rates will be trued up to the Commission ordered
Interconnection Agreement rates from cost proceedings.
Ordering
CLEC must submit a "Qwest Collocation Application Form (new, change or
augment)" on the Qwest web at: http://www.qwest.com/whoiesale/pcatlcollocation.htmi
The "submit" date for the Collocation Available Inventory request will commenceon the date that the Wholesale Project Manager (WPM) notifies the Collocation Project
Management Center (CPMC) that all prerequisites for this request to have been met.
June 23, 2003/lhd1XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
Qwest will process the Available Inventory Request pursuant to the Collocation
Intervals in the CLEC's Interconnection Agreement.
Special Site interval will be 45 Calendar Days form the receipt of
payment.4.4 For purposes of first-come, first-served determination of availability, priority will be
defined by the date and time the complete application is received by rfsmetcmqwest.com.
CLECs should submit an alternative option when requesting an available site by
populating the "Second Choice" and/or "Third Choice" tabs included on the Qwest Collocation
Application Form. This will prevent the possible cancellation of the submitted application in the
event that the first choice is no longer available.
June 23, 2003/lhd1XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-
. 8
ATTACHMENT 1
Exhibit A
Idaho Rates
STANDARD SITES
Charge for removal of
Terminations
DSO (per 100)
DS1 (per termination)
DS3 (per termination)
OCN (per 12 fibers)
Quote Preparation Fee - Caged
Quote Preparation Fee - Cageless
SPECIAL SITES
QPF
Network Assessment Fee
Site Survey
Reusable Elements
ICB
ICB
ICB
ICB
912.1 & 9
575.1 & 9
$1058.
$1663.
$150.
50%
Discount
Note:
(1)Rate from Idaho SGAT, dated 10-16-2002
(9)The preliminary engineering and planning costs are included in the caged and cageless space
construction charges. These engineering and planning charges are also included in the caged
and cageless quote preparation fees. Upon completion of the collocation construction , the quote
preparation fee (QPF) will be credited to the final space construction charge for the collocation
job. The credit will apply to whichever QPF is applied. This exhibit currently lists multiple QPFs
based on what has been proposed on the cost docket and what was approved in the AT&T
interconnection agreement. CLEC may choose either QPF at this time.
June 23. 2003/lhd1XO Collocation Available Inventory Amend - 10
Amendment to: CDS-O20124-0083
Template version: Collocation Available Inventory Amendment 3-12-