20040408Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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Rex Knowles
XO Communications
III East Broadway - Suite 1000
Salt Lake City, UT 84111
Telephone: [phone]
rex.knowles~xo.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND XO IDAHO, INC. FOR
APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 US.C. 9252(E)
CASE NO.: QWE-O2-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and XO Idaho, Inc. ("XO") hereby jointly file this
Application for Approval of Amendment to the Interconnection Agreement ("Amendment"
which was approved by the Idaho Public Utilities Commission on February 28 , 2002 (the
Agreement"). A copy of the Amendment is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-169726.l 0029164-00016
XO and Qwest respectfully submit this Amendment provides no basis for either of these
findings, and, therefore jointly request that the Commission approve this Amendment
expeditiously. This Amendment is consistent with the public interest as identified in the pro-
competitive policies of the State of Idaho, the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Amendment will enable 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 this Amendment without a
hearing. Because this Amendment was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 8th day of April, 2004.
Qwest Corporation
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Mary S. ob
Stoel Ri es LLP, Attorneys for Qwest
and
Rex Knowles
XO Communications
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-169726,10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of April, 2004, 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
ii ewell~puc. state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Rex Knowles
XO Communications
III East Broadway - Suite 1000
Salt Lake City, UT 84111
Telephone: [phone]
Hand Delivery
S. Mail
Overnight Delivery
Facsimile
Email
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-169726.l 0029164-00016
Triennial Review Order Amendment
to the Interconnection Agreement
between
Qwest Corporation and
XO Idaho, Inc.
for the
State of Idaho
This is an Amendment ("Amendment") for the Triennial Review Order (TRO) to the
Interconnection Agreement between Owest Corporation ("Owest"), formerly known
U S WEST Communications, Inc., a Colorado corporation , and XO Idaho, Inc. ("CLEC"), a
corporation. CLEC and Owest shall be known jointly as the "Parties
RECITALS
WHEREAS, CLEC and Owest entered into an Interconnection Agreement (such Interconnection
Agreement, as amended to date , being referred to herein as the "Agreement") for service in the
State of Idaho , which was approved by the Idaho Public Utilities Commission ("Commission ) on
February 28, 2002 as referenced in Order No. 28964; and
WHEREAS, the Federal Communications Commission promulgated new rules and regulations
pertaining to, among other things , the availability of unbundled network elements pursuant to
Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act") and its Report and Order in
In the Matter of Review of the Section 251 Unbundling Obligations of Incumbent Local
Exchange Carriers; Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147 , released on
August 21 , 2003 (the "TRO"); and
WHEREAS , the TRO and the above rules and regulations, effective October 2 2003, materially
modified Owest's obligations under the Act with respect to, among other things , the requirement
to offer certain network elements on an unbundled basis; and
WHEREAS , the Parties wish to amend the Agreement to comply with the TRO and hereby
agree to do so 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
A. To the extent applicable, the Agreement is hereby amended by changing or adding
terms, conditions and rates for certain network elements as set forth in Attachment 1 and Exhibit
, to this Amendment, attached hereto and incorporated herein by this reference.B. Rates in Exhibit A shall be updated to 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.
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Amendment to CDS-O20124-0083
II.Limitations
A. Nothing in this Amendment shall be deemed an admission by Owest or CLEC
concerning the interpretation or effect of the FCC's decision and rules adopted in TRO , nor
rules, regulations and interpretations thereof, including but not limited to state rules, regulations
and laws as they may be issued or promulgated regarding the same ("Decision(s)"). Nothing in
this Amendment shall preclude or estop Owest or CLEC from taking any position in any forum
concerning the proper interpretation or effect of Decisions or concerning whether the Decision
should be changed, vacated , dismissed, stayed or modified.
B. Notwithstanding any other change of law provision in the Agreement, this Amendment
any Owest tariff or SGA T, should a court or regulatory authority with jurisdiction issue a stay of
any or all of the provisions of the TRO , the terms set forth in this Amendment shall be
suspended and shall have no force and effect from the effective date of the stay until the stay is
lifted , but only to the extent such Amendment terms relate to the stayed provisions of the TRO.
Should a court or regulatory authority with jurisdiction reverse any or all of the provisions of the
TRO and the decision of that court or regulatory authority is not stayed or otherwise not
effective, the terms set forth in this Amendment shall be void and of no further force and effect
but only to the extent the terms of this Amendment relate to the provisions of the TRO that have
been reversed.
III.Conflicts
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement, this Amendment shall control, provided , however, that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted as, or
deemed a grounds for finding, a conflict for purposes of this Section III.
IV. Scope
This Amendment shall amend, modify and revise the Agreement only to the extent the network
elements listed in Attachment 1 and Exhibit A are included in the Agreement and , except to the
extent set forth in Section I and Section II of this Amendment, the terms and provisions of the
Agreement shall remain in full force and effect after the Effective Date.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission.
VI.Further Amendments
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any 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.
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Amendment to CDS-O20124-0083
VII.Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings , agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts , each of which is deemed an original, but all of which shall
constitute one and the same instrument.
XO Idaho, Inc.Qwest Corporation
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March 25, 2004/pdd/XO/TROIID
Amendment to CDS-O20124-0083
Table of Contents
RECITALS.............................................................................................................
TABLE OF CONTENTS. ......
............................................ .............. ........ .....................
DEFINITIONS................................................................................................. 5
UNBUNDLED NETWORK ELEMENTS (UNE).........oo....................oo..........oooooooooo 5
UNBUNDLED LOOp........................................................................................ 7
SUBLOOP UNBUNDLING ..............................................................................
LINE SHARING ... .......... .......... ........ .............. ............ .......... .......... ...... ......... 10
UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) .....oo.................. 13
UNBUNDLED DARK FIBER............................................................................ 14
UNBUNDLED SWITCHING............................................................................. 15
LOCAL TANDEM SWITCHING........................................................................ 15
LOCAL SWITCHING... ........
........................ ......
............oo.... .......... ....... .......... 15
10 SHARED TRANSPORT.................................................................................. 1711 SIGNALING AND DATABASES """"""""""""'OO"""""OO""""oo".............oo..... 17
11.2 ACCESS TO SIGNALING "OO"""""""""OO"""""""'OO""""""OO"'..................oo 18
11.3 AIN SERVICES...........................................................................................
11.4 LIDB OUERY SERVICE ...............................................................................
11.5 8XX DATABASE OUERY """""""'..oo.......oo.......oooo....oooo.......oo.........oooo........ 18
11.6 ICNAM """""""""""""OO""""OO""""'oo"."'OOOOOOOO"""""""""..oo..oooo..."..... 19
11 .7 LN P """""""""""""OO"'OO"""""""""oo..oo..........oooooooooo..oo..oooooo..oo.........oo... 19
11.8 DIRECTORY ASSISTANCE............................................................................ 19
11.9TOLL AND ASSISTANCE OPERATOR SERVICES .............................................12 PACKET SWITCH I NG ................................................................................... 1913 LINE SPLITTING """"""""""'.....oooo............................................................ 20
14 UN E COMBINATIONS OOOO"""OO"""""""..oo......oo......oooooo......oooooooo...oo.........oo.. 20
15 ENHANCED EXTENDED Loop (EEL) ....oo...................................................... 20
COMBINATIONS AND COMMINGLING ..oo........................ .......... ....................... 20
SERVICE ELIGIBILITY CRITERIA.............................. oooooo....oooooooooooooo..........oooo
ROUTINE MODIFICATIONS........................................................................... 25
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Amendment to CDS-O20124-0083
DEFINITIONS
Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements , to one or more facilities or services
that a requesting Telecommunications Carrier has obtained at wholesale from Owest pursuant
to any method other than unbundling under section 251 (c)(3) of the Act, or the combination of
an Unbundled Network Element, or a Combination of Unbundled Network Elements , with one or
more such facilities or services.
Commingle" means the act of Commingling.
Dedicated Transport" is a Owest provided digital transmission path between Owest Wire
Centers, Owest End Office Switches , and Owest Tandem Switches to which CLEC is granted
exclusive use. The path may operate at DS1 or DS3 transmission speeds.
Non-Oualifying Service" is a service that is not a Oualifying Service.
Oualifying Service is a Telecommunications Service that competes with a
Telecommunications Service that has been traditionally the exclusive or primary domain of
incumbent LECs, including, but not limited to, Local Exchange Service, such as Plain Old
Telephone Service (POTS), and Access Services, such as Digital Subscriber Line services and
high-capacity circuits. Services used solely as an input for CLEC to provide retail interexchange
or information services are not Oualifying Services.
Unbundled Network Element" (UNE) is a Network Element that has been defined'by the FCC
or the Commission as a Network Element to which Qwest is obligated under Section 251 (c)(3)
of the Act to provide unbundled access or for which unbundled access is provided under this
Agreement. Unbundled Network Elements do not include those Network Elements Owest is
obligated to provide only pursuant to Section 271 (c)(2)(B)(iv)-(vi) and (x) of the Act.
UNBUNDLED NETWORK ELEMENTS (UNE)
General
1 UNE's shall only be obtained for the provision of Oualifying Services. To the
extent spare capacity exists, it may then be used for Non-Qualifying services. If it is determined
that the Unbundled Network Elements are used exclusively for Non-Oualifying Services, CLEC
will have thirty (30) calendar Days to contact Owest and make alternate service arrangements.
On the Effective Date of this Amendment, Owest is no longer obligated to provide
to CLEC certain Network Elements that had formerly been required to be offered pursuant to
Section 251 (c)(3) of the Act. These former Network Elements were determined by the FCC to
not satisfy the FCC's impairment test. As a result, these former Network Elements are not
available pursuant to this Amendment.
OCn Loops;
Feeder Subloops;
DS3 Loops in excess of two (2) DS3 Loops per End User Customer
location;
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Amendment to CDS-O20124-0083
UDIT (Extended Dedicated Unbundled Interoffice Transport) and E-
UDF (Unbundled Dark Fiber) from a Owest Wire Center to a CLEC Wire
Center);
OCn UDIT Transport;
DS3 Unbundled Dedicated Interoffice Transport (UDIT) in excess of
twelve (12) DS3 circuits per route;
Unbundled Signaling (except in conjunction with Unbundled Switching
and UNE-P);
Call Related Databases, including 8XX, LNP, ICNAM , LlDB and AIN
except in conjunction with Unbundled Switching and UNE-
Packet Switching;
Remote Node/Remote Port
Line Sharing, in accordance with the Grandfathering and Transition Plan
described in Section 2.1 ;
Fiber to the Home (FTTH), in accordance with Section 2.
Operator Services and Directory Assistance. except in conjunction with
Unbundled Switching and UNE-P when Owest does not provide
customized routing or the equivalent;
Unbundled Switching at a DS1 capacity, pursuant to a transition process
described in Section 2.
Unbundled Local Tandem Switching provisioned at the DS1 or above
capacity;
SONET add/drop multiplexing; and
Non-copper distribution Subloop unless required to access Owest owned
inside wire at an MTE.3 If, on the Effective Date of this Amendment, Owest is providing to CLEC,
pursuant to orders placed in accordance with a preceding Interconnection Agreement, any of
the Network Elements described in Section 2.2 above for which an independent unbundling
obligation exists under Section 271 of the Act, absent an agreement to the contrary, Owest shall
bill for such services in accordance with prices and terms that will be described on Owest'
website or applicable Tariff. Such Billing shall commence on the Effective Date of this
Amendment.1.4 The Parties acknowledge that the Commission will undertake proceedings to
determine whether CLECs are impaired without access to certain unbundled loops, switching
and transport Network Elements. In accordance with Unbundled Loops, Unbundled Dedicated
Transport and Unbundled Switching, upon a determination that a particular Unbundled Network
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Amendment to CDS-O20124-0083
Element is no longer required to be provided on an unbundled basis pursuant to Section
251 (c)(3) of the Act, Owest shall not be required to provide, and CLEC shall not order, such
services or facilities as UNEs, upon the effective date of the Commission determination unless
there is a separate obligation pursuant to Section 271 c)(2)(B)(iv)-(vi) or (x).
UNBUNDLED LOOP
On the Effective Date of this Amendment, Owest will no longer provide CLEC
certain unbundled loop elements that had formerly been offered pursuant to Section 251 of the
Act.
OCn Loops;
Feeder Subloops;
DS3 Loops in excess of two (2) DS3 Loops per Customer location;
d) Unbundled Loops on routes where the Commission has found no CLEC
impairment to a specific End User location:
Fiber to the Home Loops (FTTH) (Subject to the limitations in this section.
Hybrid Loops , except as identified in the Amendment.
Fiber to the Home (FTTH) Loops For purposes of this Section , a
Fiber-to-the-Home ("FTTH") loop is a local Loop consisting entirely of fiber optic
cable, whether dark or lit, and serving an End User Customer s premises.
FTTH New Builds. Owest shall have no obligation to
provide access to a FTTH loop as an Unbundled Network Element in
any situation where Owest deploys such a loop to an End User
Customer s premises that had not previously been served by any loop
facility prior to October 2 , 2003.
FTTH Overbuilds. Owest shall have no obligation to
provide access to a FTTH loop as an Unbundled Network Element in
any situation where Owest deploys such a loop parallel to, or in
replacement of, an existing copper loop facility. Notwithstanding the
foregoing, where Owest deploys a FTTH loop parallel to, or
replacement of, an existing copper loop facility:
Owest shall: (i) leave the existing copper loop
connected to the End User Customer s premises after deploying
the FTTH loop to such premises and (ii) upon request, provide
access to such copper loop as an Unbundled Network Element.
Not withstanding the foregoing, Owest shall not be required to
incur any expense to ensure that any such existing copper loop
remains capable of transmitting signals prior to receiving a request
from CLEC for access, as set forth above, in which case Owest
shall restore such copper loop to serviceable condition. Any such
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Amendment to CDS-O20124-0083
restoration shall not be subject to Performance Indicator Definition
or other performance service measurement or intervals. Owest's
obligations under this subsection 2.2 shall terminate when
Owest retires such copper Loop in accordance with the provisions
of Section 2.3 below.
In the event Owest, in accordance with the
provisions of Section 2.3 below, retires the existing copper
loop connected to the End User Customer s premises, Owest shall
provide access, as an Unbundled Network Element over the FTTH
loop, to a 64 kbps transmission path capable of voice grade
service.
Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH Loops. In the event Owest decides to replace
any copper loop or copper Subloop with a FTTH Loop, Owest will: (i)
provide notice of such planned replacement on its website
(www.qwestcom/disclosures) and (ii) provide public notice of such
planned replacement to the FCC. Such notices shall be in addition to
any applicable state Commission notification that may be required. Any
such notice provided to the FCC shall be deemed approved on the
ninetieth (90th) Day after the FCC's release of its public notice of the
filing, unless an objection is filed pursuant to the FCC'rules.
accordance with the FCC's rules: (i) a CLEC objection to a Owest notice
that it plans to replace any copper loop or copper subloop with a FTTH
Loop shall be filed with the FCC and served upon Owest no later than
the ninth (9th) business day following the release of the FCC's public
notice of the filing and (ii) any such objection shall be deemed denied
ninety (90) Days after the date on which the FCC releases public notice
of the filing, unless the FCC rules otherwise within that period.
In the event the Commission determines, in accordance with
47 CFR 319(a)(4)-(6) that requesting Telecommunications Carriers are not
impaired without access to DS1 or DS3 Loops to a specific End User Customer
location , Owest will not provide, and CLEC shall not submit orders for DS1 or
DS3 Loops, as appropriate , as UNEs to such specific End User Customer
locations. Owest will maintain on its website a separate listing for DS 1 or DS3
Loops those customer premises for which the Commission has so found. In the
event CLEC has DS 1 or DS3 Loops in service to such a specific End User
Customer location that pre-exists the Commission determination , CLEC shall
make arrangements for other service. If the Commission has not established
requirements for transitioning these loops to non-UNE services or facilities and
CLEC's alternative arrangements are not in place within sixty (60) Days of the
effective date of the Commission determination, Owest may bill for such Loops in
accordance with the Qwest FCC # 1 Special Access Tariff.
In the event the Commission determinesaccordance with 47 CFR 319(a)(4)-(6) that requesting
Telecommunications Carriers are not impaired without access to Dark
Fiber Loops to a specific End User Customer location , Owest will not
provide, and CLEC shall not submit orders for Dark Fiber Loops, as
March 25, 2004/pdd/XOITRO/ID
Amendment to CDS-O20124-0083
appropriate, as UNEs , to such specific End User Customer locations.
Owest will maintain on its website a separate listing for Dark Fiber Loops
to those customer premises for which the Commission has so found. In
the event CLEC has Dark Fiber Loops in service to such a specific End
User Customer location that pre-exists the Commission determination
CLEC shall make arrangements for other service. If the Commission has
not established requirements for transitioning these loops to non-UNE
services or facilities and CLEC's alternative arrangements are not in
place within sixty (60) Days, CLEC must provide demonstrable evidence
within that 60 days of a specific plan that includes a reasonable
implementation date for provisioning such alternative service. If the CLEC
has not provided such demonstrable evidence of a specific plan that
includes a reasonable implementation date for provisioning such an
alternative service within the 60 day timeframe, Owest will issue a notice
of disconnection, pursuant to Owest's standard disconnect process.
Where Unbundled Loops at a DS-3 capacity are available, Owest
is not required to provide, and CLEC shall not submit orders for, more than two
(2) Unbundled Loops as UNEs at a DS3 capacity for any single End User
Customer location.
Hybrid Loops - A "Hybrid Loop" is an Unbundled Loop composed
of both fiber optic cable, usually in the feeder plant, and copper wire or cable
usually in the distribution plant.
1.4.Packet Switching Facilities, Features, Functions and
Capabilities - Qwest is not required to provide unbundled access to the
Packet Switched features, functions and capabilities of its Hybrid Loops.
Packet switching capability is the routing or forwarding of packets,
frames, cells, or other data units based on address or other routing
information contained in the packets, frames, cells or other data units
and the functions that are performed by the digital subscriber line
access multiplexers, including but not limited to the ability to terminate
an End User Customers' copper loop (which includes both a low-band
voice channel and a high-band data channel , or solely a data channel);
the ability to forward the voice channels, if present, to a circuit Switch or
multiple circuit Switches; the ability to extract data units from the data
channels on the loops; and the ability to combine data units from
multiple loops onto one or more trunks connecting to a Packet Switch or
Packet Switches.
Broadband Services - When CLEC seeks access to a
Hybrid Loop for the provision of broadband services, Owest shall
provide CLEC with nondiscriminatory access to the time division
multiplexing features, functions, and capabilities of that Hybrid Loop,
including DS1 or DS3 capacity (where impairment has been found to
exist), on an unbundled basis to establish a complete transmission path
between Owest's Central Office and an End User Customer premises.
This access shall include access to all features, functions, and
capabilities of the Hybrid Loop that are not used to transmit packetized
information.
March 25, 2004/pdd/XOITRO/ID
Amendment to CDS-O20124-0083
1.4.Narrowband Services - When CLEC seeks access to a
Hybrid Loop for the provision of narrowband services, Owest may
either:a) Provide nondiscriminatory access, on an unbundled
basis, to an entire Hybrid Loop capable of voice-grade service
(Le., equivalent to DSO capacity), using time division multiplexing
technology; orb) Provide nondiscriminatory access to a spare home-run
copper loop serving that End User Customer on an unbundled
basis.
SUBLOOP UNBUNDLING
An Unbundled Subloop is defined as the distribution portion of a copper Loop or
hybrid Loop comprised entirely of copper wire or copper cable that acts as a transmission facility
between any point that it is Technically Feasible to access at terminals in Owest's outside plant
(originating outside of the Central Office), including inside wire owned or controlled by Qwest
and terminates at the End User Customer s premises. 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. Such points may include, but are not limited to, the
pole pedestal, Network Interface Device, minimum point of entry, single point of
Interconnection , Remote Terminal , Feeder Distribution Interface (FDI), or Serving Area Interface
(SAI). CLEC shall not have access on an unbundled basis to a feeder subloop defined as
facilities extending from the Central Office to a terminal that is not at the End User Customer
premises or multiple tenant environment (MTE). CLEC shall have access to the feeder facilities
only to the extent it is part of a complete transmission path , not a subloop, between the Central
Office and the End User Customer s premises or MTE. This section does not address Dark
Fiber Subloop, which is addressed in Section 2.
Owest's obligation to construct a Single Point of Interface (SPOI) is limited to
those MTEs where Owest has distribution facilities to that MTE and owns, controls, or leases
the inside wire at the MTE. In addition, Owest shall have an obligation only when CLEC
indicates that it intends to place an order for access to an unbundled Subloop Network Element
via a SPOI.
Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal within a
non-Owest owned MTE is done through an MTE-POI. Collocation is not required to access
Subloops used to access the network infrastructure within an MTE, unless CLEC requires the
placement of equipment in a Owest Premises. Cross-Connect Collocation refers to creation of
a cross connect field and does not constitute Collocation. The terms and conditions of
Collocation do not apply to Cross-Connect Collocation if required at or near an MTE.
LINE SHARING
2.4.Owest shall not be required to provide Line Sharing as an Unbundled Network
Element except as set forth below.
2.4.Grandfathered Line Sharing Arrangements.Any Line Sharing
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Amendment to CDS-020124-0083
arrangement that had a Due Date on or before October 1 , 2003 and was still in operation
as of such date shall be "grandfathered" in accordance with the provisions of this
subsection ("Grandfathered Line Sharing Arrangement"). For any such Grandfathered
Line Sharing Arrangement, the rate in effect as of October 2 , 2003 shall remain in effect
unless modified by order, ruling or decision of the FCC. A Grandfathered Line Sharing
Arrangement shall automatically terminate on the earlier to occur of: (i) the date on
which the End User Customer served by such Grandfathered Line Sharing Arrangement
cancels or otherwise discontinues its subscription to the DSL service of CLEC or its
successor or assign or (ii) the date as of which such Grandfathered Line Sharing
Arrangement is terminated or discontinued by order, ruling or decision of the FCC.
addition, CLEC may disconnect, or may convert to another Owest product as is
Technically Feasible, any Grandfathered Line Sharing Arrangement at any time.
2.4.Three Year Transition Period. CLEC may order Line Sharing
arrangements during the period beginning on October 2, 2003 and ending on October 1
2004 ("New Line Sharing Arrangement") in accordance with the provisions of this
subsection. The Due Date for any New Line Sharing Arrangement may be no later than
October 1 , 2004, and CLEC may not order any New Line Sharing Arrangement after
October 1 , 2004. Any New Line Sharing Arrangement shall automatically terminate if, at
any time after October 1 , 2004, the End User Customer served by such New Line
Sharing Arrangement cancels or otherwise discontinues its subscription to the DSL
service of CLEC or its successor or assign. The nonrecurring charge for the installation
of Line Sharing arrangements shall apply to any New Line Sharing arrangements. The
monthly recurring charge for any New Line Sharing Arrangement shall apply as set forth
below.
(a) During the period beginning on October 2, 2003 and ending on October 1
2004, the monthly recurring charge for any such New Line Sharing Arrangement
in all zones shall be twenty-five (25) percent of the monthly recurring charge for
access to a stand-alone unbundled copper Loop for zone 1 that is in effect as of
October 2 , 2003, as provided in Exhibit A
(b) During the period beginning on October 2 2004 and ending on October 1
2005, the monthly recurring charge for any such New Line Sharing Arrangement
in all zones shall be fifty (50) percent of the monthly recurring charge for access
to a stand-alone unbundled copper Loop for zone 1 that is in effect as of October
, 2003, as provided in Exhibit A.
(c) During the period beginning on October 2 2005 and ending on October 1
2006, the monthly recurring charge for any such New Line Sharing Arrangement
in all zones shall be seventy-five (75) percent of the monthly recurring charge for
access to a stand-alone unbundled copper Loop for zone 1 that is in effect as of
October 2 2003, as provided in Exhibit A.
(d) Completion of Transition. New Line Sharing Arrangements will no longer
be available as of October 2 , 2006. No later than October 2 , 2006, CLEC must
convert all New Line Sharing arrangements to a Line Splitting arrangement, to a
stand-alone Unbundled Loop, or to such other arrangement as CLEC may have
negotiated with Owest to replace such New Line Sharing arrangement.
e) As of February 2, 2004, Owest's Billing systems are not equipped to Bill
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Amendment to CDS-020124-0083
the rates for New Line Sharing Arrangements described in paragraphs (a)
through (c) above. Owest will not commence Billing the rates for New Line
Sharing Arrangements described in paragraphs (a) through (c) above until
Owest has provided CLEC with forty-five (45) Days notice, in accordance with
Section 5.21. Until such notice has been given, and the forty-five (45) Day
notice period has expired , Owest will Bill a rate for New Line Sharing
Arrangements equal to the rate in effect as of October 1 , 2003, unless modified
by order, ruling or decision of the FCC.
2.4.Discontinuation of Voice Service. Notwithstanding anything herein to
the contrary, if Qwest disconnects an End User Customer s voice service in accordance
with Applicable Law, then CLEC shall be required to purchase the entire loop being
disconnected to continue providing DSL service to such End User Customer.
2.4.1.4 Successors and Assigns. Line Sharing arrangements may be
transferred or assigned by CLEC to another Carrier as set forth below.
2.4.1.4.Grandfathered Line Sharing Arrangements. Any
Grandfathered Line Sharing Arrangement shall be transferable or assignable by
CLEC to another Carrier if the DSL service to CLEC's End User Customer is not
canceled or discontinued in connection with such transfer or assignment.
such event, the monthly recurring rate in effect as of October 2, 2003 shall
remain in effect with respect to such Grandfathered Line Sharing Arrangement
until it is terminated or modified in accordance with the provisions of Section
1. Carrier must have the Transfer of Responsibility language incorporated
into their Interconnection Agreement to make such transfer or assignment.
Notwithstanding the foregoing, in the event the transfer or assignment of any
Grandfathered Line Sharing Arrangement involves: (i) cancellation or
discontinuation of the DSL service to CLEC's End User Customer or (ii) re-
termination of the End User Customer s DSL service, then (a) such Line Sharing
arrangement shall no longer be subject to the grandfathering provisions of
Section 2.1 and (b) such line shall be eligible for treatment as a New Line
Sharing Arrangement pursuant to, and subject to the terms and conditions of
Section 2.4.(including, without limitation , the specified recurring and
nonrecurring charges for New Line Sharing Arrangements and the October 1
2004 deadline for establishing New Line Sharing Arrangements).
2.4.1.4.New Line Sharing Arrangements. Any New Line Sharing
Arrangement shall be transferable or assignable by CLEC to another Carrier
provided that such transfer or assignment takes place before October 1 , 2004.
Carrier must have the Transfer of Responsibility language incorporated into their
Interconnection Agreement to make such transfer or assignment. Following
transfer or assignment, the New Line Sharing Arrangement in question will be
assessed the monthly recurring rates described in Sections 2.4.(a)-(c)
above, and shall be subject to termination in accordance with Sections 2.4.
and 2.4.1.4. If re-termination of a New Line Sharing arrangement is required to
complete any such transfer or assignment, then the new Carrier will be
assessed the nonrecurring rates for New Line Sharing Arrangements as
specified in Section 2.4.2 above. No transfers or assignments of New Line
Sharing Arrangements shall be allowed after October 1 , 2004.
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Amendment to CDS-020124-0083
UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)
On the Effective Date of this Amendment, Owest will no longer provide CLEC
certain unbundled transport elements that had formerly been offered pursuant to Section 251 of
the Act.
Extended Unbundled Interoffice Transport (EUDIT);
OCn UDIT;
More than twelve (12) DS3 UDIT per route;
UDIT as a part of a Meet-Point arrangement;
Remote Node/Remote Port;
SONET add/drop multiplexing; or
UDIT on routes where the Commission has found no CLEC impairment.
Where unbundled DS3 is available as a UNE, Owest is not required to provide
and CLEC shall not submit orders for, more than twelve (12) DS3 UDIT channels on a specific
Wire Center to Wire Center route for which unbundled DS3 UDIT is available as an Unbundled
Network Element.
In the event the Commission determines that requesting Telecommunications
Carriers are not impaired without access to dedicated DS3 transport along a particular route,
Owest will not provide, and CLEC shall not submit orders for, DS3 UDIT channels along such
route(s). Owest will maintain on its website a listing of routes for which the Commission has so
found. In the event CLEC has DS3 UDIT transport in service along such a route that pre-exists
the Commission determination CLEC shall make arrangements for other service. If the
Commission has not established requirements for transitioning DS3 UDIT transport along these
routes to non-UNE services or facilities and CLEC alternative arrangements are not in place
within sixty (60) Days of the effective date of the Commission determination, Owest may bill for
such transport in accordance with the Owest FCC No.1 Special Access Tariff.5.4 In the event the Commission determines that requesting Telecommunications
Carriers are not impaired without access to dedicated DS1 transport along a particular route
Owest will not provide, and CLEC shall not submit orders for, DS1 UDIT channels along such
route(s). Owest will maintain on its website a listing of routes for which the Commission has so
found. In the event CLEC has DS1 UDIT transport in service along such a route that pre-exists
the Commission determination CLEC shall make arrangements for other service. If the
Commission has not established requirements for transitioning DS1 UDIT transport on these
routes to non-UNE services or facilities and CLEC alternative arrangements are not in place
within sixty (60) Days of the effective date of the Commission determination , Qwest may bill for
such transport in accordance with the Owest FCC No.1 Special Access Tariff.
All services provided in this Section , when combined with high capacity Loops
are subject to the Service Eligibility Criteria as outlined in Section 3.5 of this Amendment.
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All services provided in this Section are subject to the Ratcheting criteria as
outlined in Section 3.4 of this Amendment.
UNBUNDLED DARK FIBER
On the Effective Date of this Amendment, Owest will no longer provide CLEC
certain unbundled transport elements as UNEs that had formerly been offered pursuant to
Section 251 (c)(3) of the Act.
a) E-UDF (Extended Unbundled Dark Fiber) from a Owest Wire Center to a CLEC
Wire Center);b) UDF that is part of a Meet Point arrangement.
UDF on routes where the Commission has found no CLEC impairment.
Owest provides access to Unbundled Dark Fiber at:
Accessible terminations such as fiber distribution panels.
Splice cases (except those that are buried without specific identification of
location and are not readily accessible without excavation) necessary to provide access
to UDF Subloops. CLEC can submit an FVOP for Owest to open any splice box and
create a network Demarcation Point for access to existing Dark Fiber strands. If Owest
deems it is technically infeasible , including evaluations of space limitations, to provide
CLEC access at the requested splice box, Owest will provide CLEC with a written
notification of the reasons why such access is not technically feasible. If Owest and
CLEC are unable to reach agreement on Technical Feasibility, the Parties may enter
Dispute Resolution under this Amendment.
CLEC may request placement of a FDP at any building or controlled
environment location in the Owest network in order to access unterminated UDF.
Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a non-
Owest owned MTE is done through an MTE-POI. Collocation is not required to access
Subloops used to access the network infrastructure within an MTE, unless CLEC requires the
placement of equipment in a Owest Premises.
Access to Dark Fiber distribution Loops or Dark Fiber Intrabuilding Cable Loops
at an MTE Terminal within a non-Owest owned MTE is done through an MTE-POI. Collocation
is not required to access Subloops used to access the network infrastructure within an MTE
unless CLEC requires the placement of equipment in a Owest Premises.
Upon the Effective Date of this Agreement, CLEC will not place, and Owest will
not accept, any ASRs for Extended Unbundled Dark Fiber (E-UDF). Owest account
representatives will work with CLEC on a plan to convert any existing E-UDF to other available
Owest products or services. CLEC will submit ASRs to convert or disconnect any existing E-
UDF with Due Dates within ninety (90) Days of the Effective Date of this Amendment. CLEC
shall make a good faith effort to ensure that these ASRs are complete and error-free. This
deadline may be extended, with the mutual agreement of both Parties.
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In the event the Commission determines, in accordance with 47 CFR 319(a)(4)-
(6) that requesting Telecommunications Carriers are not impaired without access to Dark Fiber
Transport along a particular route, Owest will not provide, and CLEC shall not submit orders for
Dark Fiber Transport , as a UNE, along such routes. Owest will maintain on its website a listing
of routes for which the Commission has so found. In the event CLEC has Dark Fiber Transport
in service along such a route that pre-exists the Commission determination, CLEC shall make
arrangements for other service. If the Commission has not established requirements for
transitioning such Dark Fiber Transport on these routes to non-UNE services or facilities and
CLEC's alternative arrangements are not in place within ninety (90) Days, CLEC must provide
demonstrable evidence within that ninety (90) days of a specific plan that includes a reasonable
implementation date for provisioning such alternative service. If the CLEC has not provided
such demonstrable evidence of a specific plan that includes a reasonable implementation date
for provisioning such an alternative service within the 90 day timeframe, Owest will issue a
notice of disconnection, pursuant to Owest's standard disconnect process.
UNBUNDLED SWITCHING
On the Effective Date of this Amendment, Owest will no longer provide CLEC
certain unbundled switch elements as UNEs that had formerly been offered pursuant to Section
251 of the Act.
Tandem Switch Ports of DS1 or above capacity;
Local Switch Ports of DS 1 or above capacity;
Local Switch DSO Ports where the Commission has found no CLEC
impairment.
LOCAL TANDEM SWITCHING
Upon the Effective Date of this Amendment, unbundled local Tandem Switching
provisioned at the DS1 or above capacity is no longer available as an Unbundled Network
Element. Owest shall provide access to local Tandem Switching in a non-discriminatory
manner. Owest shall provide access to local Tandem Switching at the DSO level pursuant to the
SRP process.
LOCAL SWITCHING
Transition for DS1 Capacity Unbundled Switching - Upon the Effective Date
of this Amendment, CLEC will not place , and Owest will not accept, any LSRs for Unbundled
Local Switching as a UNE at the DS1 or above capacity. Owest account representatives will
work with CLEC on a plan to convert any existing Unbundled Local Switching at the DS1 or
above capacity to other available Owest products or services, if CLEC so desires. CLEC will
submit complete, error free LSRs , with Due Dates that are within ninety (90) days of the
Effective Date of this Amendment, to convert or disconnect any existing Unbundled Local
Switching at the DS1 or above capacity. If CLEC does not submit LSRs, with Due Dates within
ninety (90) Days of the Effective Date of this Amendment, to convert or disconnect its
Unbundled Local Switching services at the DS1 and above capacity, Owest will process orders
on or after the ninety-first (91 st) day to disconnect such services. Qwest will bill CLEC for such
services through the date of such processing under the appropriate Tariff or Agreement rates
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terms and conditions. "Unbundled Local Switching at the DS1 or above capacity" as used in
this Section refers to: a) DS1 trunk Port (including local message); b) PRI ISDN trunk Port; c)
DS3 trunk Port (including local message); d) GR-303 interface service; and e) OCn trunk Port
(including local message).
Commission Determination of No Impairment for DSO Capacity Unbundled
Switching - In the event the Commission determines, in accordance with 47 CFR 319(d)(2)
that requesting Telecommunications Carriers are not impaired without access to Unbundled
Switching serving DSO loops in a specific market, CLEC shall commit to an implementation plan
with Owest for the migration of the embedded DSO Capacity Unbundled Switching End User
Customers within two (2) months of the Commission determination unless the Parties mutually
agree to an extended timeframe. CLEC may no longer obtain access to DSO Capacity
Unbundled Switching five (5) months after the Commission s determination. Owest will maintain
on its website a listing for DSO capacity Unbundled Switching markets in accordance with the
Commission s determination. Owest account representatives will work with CLEC on a plan to
convert any existing Unbundled Local Switching at the DSO or above capacity to other available
Qwest products or services, if CLEC so desires. CLEC will submit complete, error-free LSRs to
convert or disconnect any existing unbundled local switching at the DSO or above capacity
before the expiration of the Transition Timelines described below.
Transition Timeline - CLEC shall submit orders necessary to migrate its
Embedded Base of End User Customers off of DSO Capacity Unbundled Switching in
accordance with the following timetables, measured from the day of the Commission
determination. For purposes of calculating the number of customers who must be
migrated, the "Embedded Base" of End User Customers shall include all End User
Customers served five (5) months from the effective date of the Commission
determination.a) Month 13: CLEC must submit orders for one-third of its Embedded Base
of DSO Capacity Unbundled Switching End User Customers;
b) Month 20: CLEC must submit orders for half of its Embedded Base of
DSO Capacity Unbundled Switching End User Customers;c) Month 27: CLEC must submit orders for all remaining Embedded Base
DSO Capacity Unbundled Switching End User Customers.
Operational Aspects of the Migration - CLEC and Owest shall jointly
submit the details of their implementation plans for each market to the Commissionwithin two months of the Commission determination that requesting
Telecommunications Carriers are not impaired without access to local circuit switching
on an unbundled basis. CLEC shall also notify the Commission when it has submitted
its orders for migration. Owest shall notify the Commission when it has completed the
migration.
Commission Determination of No Impairment for DSO Capacity
Unbundled Switching - In the event the Commission determines , in accordance with
47 CFR 319(d)(2) that requesting Telecommunications Carriers are not impaired without
access to unbundled switching serving DSO loops in a specific market, Owest will not
provide, and CLEC shall not submit orders for, unbundled switching as a UNE serving
DSO capacity loops, in such markets.
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Amendment to CDS-020124-0083
The four-line exception for availability of Unbundled Local Switching is
expected to be reviewed and possibly modified by the Commission in its nine month
proceeding examining the triggers for the withdrawal of Unbundled Local Switching on a
market-specific basis. In the event the Commission modifies this four-line exception , this
Amendment shall be modified to conform with the Commission s order(s).
CLEC may obtain Owest's IntraLATA Toll services by identifying Owest
as the Local Primary Interexchange Carrier (LPIC) for its Unbundled Local Switching
services, where applicable.
Owest will bill CLEC, and CLEC will pay Owest, for Owest
IntraLATA Toll services at Owest's tariffed rate.
SHARED TRANSPORT
10.Shared Transport is only provided for traffic on Owest's local interoffice network
that is associated with Unbundled Local Switching and Unbundled Network Element-Platform
(UNE-P) services provided under this Amendment. Transport beyond Owest's local interoffice
network will be carried on Qwest's intraLATA Toll network and provided by Owest to CLEC only
if CLEC chooses Owest to provide IntraLATA Toll services for its Unbundled Local Switching
and/or UNE-P End User Customers.
SIGNALING AND DATABASES
11.Local Switch Ports include CLEC use of Owest's signaling network for traffic
originated from the Line Side switching Port, including the use of Owest'call-related
databases, other than Operational Support Systems, that are used for Billing and collection, or
the transmission, routing, or other provision of a Telecommunications service. To the extent
that a local circuit Switch is required to be unbundled and is used by CLEC, Owest will provide
Owest's Service Control Points in the same manner, and via the same signaling links, as Owest
uses such Service Control Points and signaling links to provide service to its End User
Customers from that Switch. Owest'call related databases include the Enhanced 911
Database, Line Information Database (LlDB), Internetwork Calling Name Database (ICNAM),
8XX Database for toll free calling, Advanced Intelligent Network Databases (AIN), and Local
Number Portability Database. CLEC may also use Owest's Service Management Systems
associated with the call-related databases, including access to Owest's AIN service application
development process to design , create, test, and deploy AIN based services. CLEC shall not
have access to Owest's AIN based services that qualify for proprietary treatment, except as
expressly provided for in this Amendment. CLEC access to the Owest signaling network and
call-related databases shall be of substantially the same quality as the access that Qwest uses
to provide service to its own End User Customers.
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Amendment to CDS-020124-0083
11.2 ACCESS TO SIGNALING
11.Effective with this Amendment, Owest will provide CLEC with non-discriminatory
access to Owest's signaling networks, including signaling links and Signaling Transfer Points
(STP), call-related databases and Service Management Systems (SMS) on an unbundled basis
only to the extent CLEC is using a Owest local circuit Switch on an unbundled basis.
11.3 AIN SERVICES
11.AIN databases are used as an enhancement to the SS7 capable network
structure and operation of AIN Version 0.1 capable Switches. CLEC shall not have access to
Owest's AIN based services that qualify for proprietary treatment, except as expressly provided
for in this Amendment. Effective with this Amendment, Owest will provide CLEC with non-
discriminatory access to its AIN databases on an unbundled basis, to the extent that CLEC is
using an unbundled local circuit Switch as required by the Commission as addressed in Section
11.1. For CLEC using its own Switch, effective with this Amendment, Owest's AIN databases
are no longer Unbundled Network Elements. Qwest provides CLEC access to Owest's AIN
service application development process to design , create, test, and deploy AIN based services
as herein.
11.4 LIDB QUERY SERVICE
11.4.Effective with this Amendment, Owest will provide CLEC with non-discriminatory
access to its LlDB on an unbundled basis only to the extent that CLEC is using an unbundled
local circuit Switch.
11.4.For CLEC's End User Customers using Owest's End Office Switches , Qwest will
load and update CLEC's End User Customers' line records into the LlDB from CLEC'
completed service orders. CLEC is responsible for the accuracy of its End User Customers
information.
11.5 8XX DATABASE QUERY
11.The 8XX Database provides the Carrier Identification Code (CIC) and/or the
vertical features associated with the 8XX telephone number. The call routing information in the
8XX Database is provided by the End User Customer s chosen responsible organization
(referred to in the Telecommunications industry as the "RespOrg
).
Effective with this
Amendment, Owest will provide CLEC with non-discriminatory access to Owest's 8XX Database
on an unbundled basis only to the extent CLEC is using a Owest local circuit Switch on an
unbundled basis as addressed in Section 2.11.1. The 8XX Database provides the call routing
information used by Owest's End Office Switch to route the CLEC's End User Customer s calls
to an 8XX telephone number.
11.For CLEC's End User Customers using Owest's End Office Switches,
Owest will use the routing information in the 8XX Database to route CLEC's End User
Customer s calls to an 8XX telephone number in the same manner as Owest routes its
End User Customer s calls to that same 8XX telephone number.
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11.There is no separate charge for the use of Owest's 8XX Database for the
routing of CLEC's End User Customers' calls to 8XX telephone numbers.
11.6 ICNAM
11.Effective with this Amendment, Owest will provide CLEC with non-discriminatory
access to Owest's InterNetwork Calling Name (ICNAM) database on an unbundled basis only to
the extent CLEC is using a Owest local circuit Switch on an unbundled basis as addressed in
Section 2.11.1. The ICNAM database is used with certain End Office Switch features to provide
the calling party's name to CLEC's End User Customer with the applicable feature capability.
11.For CLEC's End User Customers using Owest's End Office Switches , Owest will
load and update CLEC's End User Customers' name information into the ICNAM database
which is part of the Line Information Database, from CLEC's completed service orders. CLEC is
responsible for the accuracy of its End User Customers' information.
11.There is no charge for the storage of CLEC's End User Customers' information in
the ICNAM database (i.e., the LlDB Database).
11.7 LNP
11.Effective with this Amendment, Owest will provide CLEC with non-discriminatory
access to Owest's LNP database on an unbundled basis only to the extent CLEC is using a
Owest local circuit Switch on an unbundled basis.
11.8 DIRECTORY ASSISTANCE
11.Owest will provide CLEC with non-discriminatory access to its Directory
Assistance Service on an unbundled basis, only to the extent that CLEC is using an unbundled
local circuit Switch as addressed in Section 2.11., and only to the extent Qwest does not make
customized routing available to permit CLEC to access alternative providers of directory
assistance service.
11.9 TOLL AND ASSISTANCE OPERATOR SERVICES
11.Owest will provide CLEC with non-discriminatory access to its operator services
on an unbundled basis , only to the extent that CLEC is using an unbundled local circuit Switch
as addressed in Section 2.11., and only to the extent Owest does not make customized routing
available to permit CLEC to access alternative providers of operator services.
PACKET SWITCHING
12.Packet Switching is not available as an Unbundled Network Element.
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LINE SPLITTING
13.On the effective date of a Commission determination that Owest is no longer
required to provide UNE-P Combination services in a market area, Line Splitting is also not
available in that market area. To the extent CLEC has an embedded base of Line Splitting End
User Customers on the effective date of the Commission determination, CLEC shall transition
its embedded base of Line Splitting End User Customers in accordance with the Transition
Timelines for unbundled switching, as described in Section 2.2. In such markets where Line
Splitting is not available, Loop Splitting will continue to be available pursuant to CLEC
Agreement.
UNE COMBINATIONS
14.Upon the Effective Date of this Amendment, Owest will not provide UNE-ISDN-
PRI and UNE-DSS services.
14.Upon the Effective Date of this Amendment, UNE-P combinations provisioned at
the DS1 or above capacity are no longer available as Unbundled Network Elements under this
Agreement. CLEC will not place, and Owest will not accept, any LSRs for new UNE-
combinations as UNEs at the DS1 or above capacity with Due Dates that are on or after the
Effective Date of this Amendment. Owest account representatives are available to work with
CLEC on a plan to convert any existing UNE-P combinations at the DS1 or above capacity to
other available Owest products or services, if CLEC so desires. CLEC will submit LSRs to
convert or disconnect any existing UNE-P combinations at the DS1 or above capacity with Due
Dates that are no later than ninety (90) Days after the Effective Date. CLEC shall make a good
faith effort to ensure that such LSRs are complete and error-free. If CLEC does not submit
LSRs to convert or disconnect its UNE-P combination services at the DS1 and above capacity
with Due Dates no later than ninety (90) Days after the Effective Date, Owest will process
orders on or after the ninetieth (90th) Day, to convert such services to comparable resale
services and will change the prices, terms , and conditions for the UNE-P combinations to resale
prices, terms, and conditions as of the ninetieth (90th) Day. "UNE-P combinations at the DS1 or
above capacity" as used in this Section refers to: a) UNE-P ISDN PRI; and b) UNE-P DSS and
any other UNE-P combinations that operate at a DS1 or hiaher capacity.
ENHANCED EXTENDED LOOP (EEL)
15.The "Significant Amount of Local Exchange Traffic" eligibility criteria for EEL is
replaced by the Service Eligibility Criteria described in Section 3.5 following.
15.CLEC EEL certification process is replaced by the Certification process
described in Sections 3.1 following.
15.EEL Audit provisions are replaced by the Service Eligibility Audit process
described in Sections 3.10 following.
COMBINATIONS AND COMMINGLING
the extent Technically Feasible,CLEC may Commingle
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Telecommunications Services purchased on a resale basis with an Unbundled Network Element
or combination of Unbundled Network Elements. Notwithstanding the foregoing, the following
are not available for resale Commingling:
a) Non-telecommunications services;
Enhanced or Information services;
Features or functions not offered for resale on a stand-alone basis or separate
from basic Exchange Service; and
Network Elements offered pursuant to Section 271.
CLEC may Commingle UNEs and combinations of UNEs with wholesale services
and facilities (e., Switched and Special Access Services offered pursuant to Tariff) and
request Owest to perform the necessary functions to provision such Commingling. CLEC will be
required to provide the CFA (Connecting Facility Assignment) of CLEC's network demarcation
(e., Collocation or multiplexing facilities) for each UNE, UNE Combination , or wholesale
service when requesting Owest to perform the Commingling of such services. Qwest shall not
deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Owest's
network with Access Services or other Non-Oualifying services. All variations of Commingling
of services that include a high capacity loop, which may include multiplexing or any other means
by which this combination is achieved, and transport facility or service are subject to the Service
Eligibility Criteria in Section 3.5. Owest performance in connection with the Provisioning of
Commingled facilities and services, that are not standard services and/or network elements
ordered individually that have standard Provisioning intervals and/or performance measures and
remedies, shall not be subject to standard Provisioning intervals, or to performance measures
and remedies , if any, contained in this Amendment or elsewhere.
Owest will not combine services or Network Elements that are required to be
unbundled by Owest pursuant to Section 271 of the Communications Act of 1934, as amended
with other services or Network Elements offered pursuant to Section 271 or Unbundled Network
Elements or combinations of Unbundled Network Elements. Qwest will not Commingle services
or Network Elements that are offered by Owest pursuant to Section 271 of the Communications
Act of 1934 , as amended, with other services or Network Elements offered pursuant to Section
271 or Unbundled Network Elements or combinations of Unbundled Network Elements.
Telecommunications Services are available for Commingling with UNEs only
in the manner in which those Services are provided in Owest's applicable product
Tariffs, catalogs, price lists, or other Telecommunications Services offerings.
Entrance Facilities obtained pursuant to the LIS Section of CLEC Agreement
are not available for Commingling.
Ratcheting - To the extent a Owest-provided circuit or facility includes a mix of UNEs
and other services, that mixed-use facility shall be ordered and billed in accordance Owest'
Tariff or the resale provisions of this Amendment. Such mixed-use circuits or facilities shall not
be ordered or billed as Unbundled Network Elements. Qwest shall not be required to bill for
such mixed use circuits or facilities at blended or multiple rates (otherwise known as ratcheting).
Instead, CLEC shall be assessed the tariffed or resale rate, as appropriate, for the Commingled
service.
March 25, 2004/pdd/XOITROIID
Amendment to CDS-020124-0083
3.4.To the extent a multiplexer is included in a Commingled circuit then: (1) the
multiplexer will be ordered and billed at the UNE rate if and only if all circuits entering the
multiplexer are qualifying services and (2) in all other situations the multiplexer will be
ordered and billed pursuant to the appropriate Tariff.
SERVICE ELIGIBILITY CRITERIA
Except as otherwise provided in this Section 3., Owest shall provide access to
Unbundled Network Elements and Combinations of Unbundled Network Elements without
regard to whether CLEC seeks access to the Unbundled Network Elements to establish a new
circuit or to convert an existing circuit from a service to Unbundled Network Elements.
CLEC must certify that the following Service Eligibility Criteria are satisfied to (1)
convert a Special Access Circuit to a high capacity EEL, (2) to obtain a new High-Capacity EEL;
or (3) to obtain at UNE pricing any portion of a Commingled circuit that includes a high-capacity
Loop and transport facility or service. Such certification shall be in accordance with all of the
following Sections.
State Certification - CLEC has received state certification to provide
local voice service in the area being served or, in the absence of a state certification
requirement, has complied with registration , tariffing, filing fee, or other regulatory
requirements applicable to the provision of local voice service in that area.
Per Circuit Criteria -- The following criteria are satisfied for each
combined circuit, including each DS1 circuit, each DS1 EEL , and each DS1-equivalent
circuit ona DS3 EEL:
Telephone Number Assignment -- Each circuit to be provided to each End
User Customer will be assigned a local telephone number prior to the provision of
service over that circuit. This requires that each DS1 circuit must have at least one
local telephone number and each DS3 circuit has at least twenty-eight (28) local
telephone numbers. The origination and termination of local voice traffic on each local
telephone number assigned to a circuit shall not include a toll charge and shall not
require dialing special digits beyond those normally required for a local voice call.
CLEC will provide local telephone number assignments by circuit;
2.4 911 or E911 - Each circuit to be provided to each End User Customer will
have 911 or E911 capability prior to the provision of service over that circuit. CLEC will
provide evidence of 911 or E911 capability for each circuit to be provided to each End
User Customer.
Collocation - CLEC will provide evidence that each circuit terminates in a
Collocation arrangement by providing the associated CFA. In addition:
a) Each circuit to be provided to each End User Customer will terminate in a
Collocation arrangement that is established pursuant to Section 251 (c)(6) of the
Act and located at Owest's Premises within the same LATA and state as the End
User Customer s premises, when Owest is not the collocator, and cannot be at
an interexchange Carrier POP or ISP POP location;
Each circuit to be provided to each End User Customer will terminate in a
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Amendment to CDS-020124-0083
Collocation arrangement that is located at the third party's premises within the
same LATA and state as the End User Customer s premises, when Owest is the
collocator; andc) When a DS1 or DS3 EEL Loop is connected to a multiplexed facility, the
multiplexed facility must be terminated in a Collocation arrangement that is
established pursuant to Section 251 (c)(6) of the Act and located at Owest's
Premises within the same LATA and state as the End User Customer s premises,
when Qwest is not the collocator, and cannot be at an Interexchange Carrier
POP or ISP POP location.
Interconnection Trunking - CLEC must arrange for the meaningful
exchange of traffic, which must include hand-offs of local voice calls that flow in both
directions. Those arrangements that do not include two way LIS trunks cannot be
attributed towards satisfaction of this criterion. CLEC will identify the Interconnection
Trunk(s) satisfying this criterion. At a minimum , each DS1 circuit must be served by a
DS-O equivalent LIS trunk in the same LATA and state as the End User Customer
served by the circuit. For each twenty-four DS1 circuits, CLEC must maintain at least
one active DS1 LIS trunk in the same LATA and state as the End User Customer
served by the circuit.
Calling Party Number - Each circuit to be provided
to each End User Customer will be served by an Interconnection trunk over
which CLEC will transmit the Calling Party's Number in connection with calls
exchanged over the Trunk. For each twenty-four (24) DS1 EELs or other
facilities having equivalent capacity, CLEC will have at least one (1) active DS1
LIS trunk over which CLEC will transmit the calling party s number in connection
with calls exchanged over the trunk. If calling party number is not exchanged
over an interconnection trunk, that trunk shall not be counted towards meeting
this criteria. For each circuit CLEC will identify the Interconnection trunk
satisfying this criterion.
End Office Switch - Each circuit to be provided to each End User
Customer will be served by an End Office Switch capable of switching local voice traffic.
CLEC must certify that the switching equipment is either registered in the LERG as a
Class 5 Switch or that it can switch local voice traffic. CLEC will provide written
documentation of the Switch type and CLLI code for the Switch satisfying this criterion.
With each order CLEC must provide certification and the identified
supporting information to Owest through a certification letter, or other mutually agreed
upon communication , that each individual high capacity loop in combination , or
Commingled , with a Owest provided high capacity transport facility or service, meets
the Service Eligibility Criteria set forth above before Owest will provision or convert the
high capacity facility in combination or Commingling.
9 CLEC'high capacity combination or Commingled facility Service
Eligibility shall remain valid only so long as CLEC continues to meet the Service
Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high capacity
combination or Commingled facility is no longer valid , CLEC must submit a service
order converting the appropriate facility to the appropriate Private Line/Special Access
service within thirty (30) Days.
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5.2.10 Service Eligibility and Qualifying Service Audits. In order to confirm
reasonable compliance with these requirements, Owest may perform Service Eligibility
and Oualifying Service Audits of CLEC's records. For the purposes of this Section
Oualifying Service Criteria" is whether a particular Unbundled Network Element meets
the definition of a Oualifying Service, as described in the definitions of this Amendment.
Service Eligibility and Oualifying Service Audits shall be performed in accordance with
the following guidelines:
10.Owest may, upon thirty (30) Days written notice to CLEC that has
purchased high capacity combination and Commingled facilities, conduct a
Service Eligibility or Oualifying Service Audit to ascertain whether those high
capacity facilities were eligible for UNE treatment at the time of Provisioning or
conversion and on an ongoing basis thereafter.
10.CLEC shall make reasonable efforts to cooperate with any
Service Eligibility or Oualifying Service Audit by Owest and shall maintain and
provide Owest with relevant records (i.e.), network and circuit configuration data,
local telephone numbers) which demonstrate that CLEC'high capacity
combination and Commingled facilities meet the Service Eligibility Criteria.
10.An independent auditor hired and paid for by Qwest shall perform
any service eligibility or Oualifying Service audits, provided, however, that if the
independent auditor s report concludes that CLEC failed to comply in all material
respects with the service eligibility criteria , CLEC must reimburse Owest for the
cost of the independent auditor. To the extent the independent auditor s report
concludes that CLEC complied in all material respects with the service eligibility
and Oualifying Service criteria, Qwest shall reimburse CLEC for its costs
associated with the service eligibility or Oualifying Service audit.
10.An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for Certified
Public Accountants (AI CPA) and during normal business hours, unless there is a
mutual agreement otherwise.
10.Owest shall not exercise its Service Eligibility or Oualifying
Service Audit rights with respect to CLEC (excluding Affiliates), more than once
in any calendar year, unless an audit finds non-compliance. If a Service
Eligibility or Oualifying Service Audit does find non-compliance , Owest shall not
exercise its Service Eligibility Audit rights for sixty (60) Days following that audit
and if any subsequent Service Eligibility or Oualifying Service Audit does not find
non-compliance, then Owest shall not exercise its Service Eligibility or Oualifying
Service Audit rights for the remainder of the calendar year.
10.At the same time that Owest provides notice of a Service
Eligibility or Oualifying Service Audit to CLEC under this paragraph , Owest shall
send a copy of the notice to the Federal Communications Commission.
10.Service Eligibility or Oualifying Service Audits conducted by
Qwest for the purpose of determining compliance with Service Eligibility or
Oualifying Service Criteria shall not effect or in any way limit any audit or Dispute
Resolution rights that Owest may have pursuant to other provisions of CLEC
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Agreement.
10.Owest shall not use any other audit rights it may have under this
Amendment to audit for compliance with the Service Eligibility or Oualifying
Service Criteria of this Section. Owest shall not require a Service Eligibility or
Oualifying Service Audit as a prior prerequisite to Provisioning combination and
Commingled facilities.
10.CLEC shall maintain appropriate records to support its Service
Eligibility and Oualifying Service Criteria. However, CLEC has no obligation to
keep any records that it does not keep in the ordinary course of its business.
10.10 If a Service Eligibility or Oualifying Service Audit demonstrates
that a high capacity combination and Commingled facilities do not meet the
Service Eligibility Criteria above or the Oualifying Service Criteria , the CLEC
must convert all non-compliant circuits to Private Line/Special Access circuits
and CLEC must true-up any difference in payments within thirty (30) days.
ROUTINE MODIFICATIONS
Qwest will also perform routine modifications to loop and transport facilities used by
CLEC to the same extent it performs such activities for its own retail End User Customers,
including, but not limited to, rearrangement or splicing of cable (including rearrangement of
existing pairs to include fiber hub counts and rearrangement of existing pairs to extend the line),
adding a doubler or repeater, adding and/or rearranging an equipment case, adding a smart
jack, installing a repeater shelf, adding a line card, and deploying a new multiplexer or
reconfiguring an existing multiplexer.
Owest will also perform routine modifications to dark fiber loop and transport facilities
used by CLEC to the same extent it performs such activities for its own retail customers
(including the work done on dark fiber to provision lit capacity to end users). To the extent such
modifications constitute a construction of special access services, pursuant to retail construction
provisions of special access or stand-alone construction Tariffs, the terms and conditions of
such Tariffs will apply to CLEC. The provisions of this Section shall not be construed to require
Owest to provide unbundled access to a Fiber-to-the-Home loop when Qwest deploys such a
loop to a Customer premises.
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Amendment to CDS-020124-0083
TRO Amendment Exhibit A
$0,
9.4,Shared Loop, per Loop, Orders Received 10/2/03 -10/1/04
9.4.Shared Loop, Initial Rates $0,
9.4.1.2,Shared Loop, per Loop 10/-2/03 - 10/1/04 $3,
9.4,Shared Loop, per Loop 10/-2/04 - 10/1/05 $7.
9.4,2.4 Shared Loop, per Loop 10/-2105 - 10/1/06 $11.
tt Voluntary Rate Reduction Docket USW-00-3, effective 6/10/02. Reductions reflected in the 5/24/02 Exhibit A
(1J TELRIC rates not reviewed in a cost docket
(13J Initially, Qwest will bill the grandfathered recurring rates for new Shared Loops. Qwest will begin billing the post TRO prices only after CLECs
have been provided a forty-five (45) day notice. Rates will be applied prospectively,
(14J Post TRO Shared Loop Rates were developed using the 2-Wire Nonloaded Loop rate, Zone 1 ($13,53) as the basis rate, 10/2103 - 10/1/04
was developed using 25% of basis rate; 10/2104 - 10/1/05 was developed using 50% of basis rate; 10/2105 10/1/06 was developed using
75% of basis rate.. New Shared Loop Arrangements will no longer be available as of 10/2104, No later than 10/2106, CLEC must convert all
Shared Loop arrangements to a Line Splitting arrangement. to a stand-alone Unbundled Loop, or such other arrangement as CLEC may have
negotiated with Qwest to replace such Shared Loop arrangement
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Updated 2-12-