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HomeMy WebLinkAbout20050617Amendment.pdf(ECEIVED t:: njL,, \;__- fXl '="" Mary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 mshobson~stoe1. com 1""- "~,.,""" 'I..'Or-,c J f'(UUd Ur, . 7 PM 3=32 IQAI-ia PUBLICillItES COt1MtSS1ON BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~252(e) CASE NO.: QWE-O2- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files 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"). The Amendment with XO Communications Services, Inc. fka XO Idaho Inc. ("XO") is submitted herewith. This Amendment was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act" Section 252(e)(2) of the Act directs that a state Commission may reject an amendment reached through voluntary negotiations only if the Commission finds that: the amendment (or portion(s) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests 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 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1 Collocation Boise-184847.1 0029164-00016 interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests 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 16th day of June, 2005. Qwest Corporation ~~ I-I~ Stoel Rives LLP, Attorneys for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2 Collocation Boise-184847.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 'W day of June, 2005, 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 O. Box 83720 Boise, Idaho 83720-0074 i i ewell(fYpuc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Rex Knowles XO Communications 111 East Broadway - Suite 1000 Salt Lake City, UT 84111 Telephone: (801) 983-1504 rex.knowles~xo.com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Gegi Leeger XO Communications 11111 Sunset Hills Road Reston, VA 20190 Telephone: (703) 547-2109 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email randi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3 Collocation Boise-184847.1 0029164-00016 Collocation Amendment to the Interconnection Agreement between Qwest Corporation and XO Communications Services, Inc. (f.a. XO Idaho, Inc. for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation, and XO Communications Services, Inc. (f. XO Idaho, Inc. ) (" CLEC" ). CLEC and awest shall be known jointly as the ("Parties RECITALS WHEREAS, CLEC ' and Qwest entered into an Interconnection Agreement ("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 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 as set forth in Attachment 1 , Exhibit A and Exhibit 8 to this Amendment, attached hereto and incorporated herein by this reference. .. Rates in Exhibit A that are "Under Development" shall be updated upon establishment of a rate. Rates in Exhibit A shall otherwise 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. 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, GLEC 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. Additionally, Qwest shall implement any necess~ry billing changes within two (2) billing cycles after the latest execution date of this Amendment, with a true-up back to the latest execution date of this Amendment the end of the second billing cycle. The Parties agree that so long as Owest implements the billing changes and the true-up as set forth above, the CLEC's bills shall be deemed accurate and adjusted without error. . April 7 200511hd/XOI Amend/Coliocationll D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language Further Amendments Except as modified herein , the provisions of the Agreement shall remain in full force and effect. 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. Entire Aareement 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 CO !~iOnS Services, Inc. Signature ... :i~".:,"",,1..L. T. Christensen Name PrintedlTypedNam Director - Interconnection Aareements Title l1)LLf)~c.// Date Date April7 2005/Ihd/XO/Amend/Collocation/ID Amendment to CDS-020 124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 ATTACHMENT 1 SECTION 8.0 - COLLOCATION Description Collocation allows for the placing of equipment by CLEC at Qwest's Premises, where Technically Feasible, that is necessary for accessing Unbundled Network Elements (UNEs), ancillary services or Interconnection. Collocation includes the leasing to CLEC of physical space in Qwest Premises, as well as the resources necessary for the operation and economical use of collocated equipment, such as the use by CLEC of power; heating, ventilation and air conditioning (HV AC); and cabling in Qwest's Premises. Collocation also allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of accessing and combining Unbundled Network Elements and accessing ancillary services. There are currently nine (9) standard types of Collocation available pursuant to this Amendment - Virtual, Caged Physical , Shared Caged Physical Cage less Physical , Interconnection Distribution Frame, Adjacent Common Area Splitter, Remote and Facility Connected. Other types of Collocation may be requested through the BFR process. In addition , where Qwest may offer a new form of Collocation, CLEC may order that form as soon as it becomes available and under the terms and conditions pursuant to which Qwest offers it. The terms and conditions of any such offering by Qwest shall conform as nearly as circumstances allow to the terms and conditions of this Amendment. Nothi~g in this Amendment shall be construed as limiting the ability to retroactively apply any changes to such terms and conditions as may be 'negotiated by the Parties or ordered by the state Commission or any other competent authority. Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to purchase and deliver to Qwest CLEC's own equipment for Qwest to install, repair, and maintain in Qwest's Premises. CLEC does not have physical access to its virtually collocated equipment in the Qwest Premises. Caged Physical Collocation -- allows CLEC to lease caged floor space for placement of its equipment within Qwest's Premises for the purpose of interconnecting with Qwest Finished Services or accessing Unbundled Network Elements. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the Cross Connections required within the cage. Cageless Physical Collocation -- is a non-caged area within a Qwest Premises. In Wire Centers, space will be made available in single frame bay increments. In Wire Centers, the current minimum square footage is nine (9) square feet per bay, however, if smaller bays are or become available, Qwest will reduce the minimum square footage accordingly. Space will be provided utilizing industry standard equipment bay configurations in which CLEC can place and maintain its own equipment. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the Cross Connections required within CLEC's leased Collocationspace. 1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to share or sublease a single Collocation enclosure. Under Shared Physical Collocation, one (1) CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant to this Amendment or an approved Interconnection Agreement, and another CLEC April7,2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 pursuant to the terms of its Interconnection Agreement, may share use of that space, in accordance to terms and conditions of a sublease agreement between the two ' (2) CLECs. Shared Collocation may also be established through joint Application by CLECs in which Qwest will have a separate Billing relationship with each applicant and will look to each collocating CLEC for payment of its proportionate share of the charges relating to the Collocation space. Qwest will prorate the charge for site conditioning and preparation undertaken by Qwest to construct the Shared Collocation cage or condition the space for Collocation use, regardless of how many Carriers actually collocate in that cage, by determining the total charge for site preparation and allocating that charge to a collocating CLEC (and billed directly to each such CLEC) based on the percentage of the total space utilized 'by that CLEC as per the Collocation Application. Qwest shall not place unreasonable restrictions on CLEC's use ofa Collocation cage, such as limiting CLEC'ability to contract with other CLECs to share CLEC's Collocation cage in a sublease-type arrangement. In addition if two (2) or more CLECs who have Interconnection Agreements with Qwest utilize a Shared Collocation arrangement Qwest shall permit each CLEC to order UNEs to and provision service from that Shared Collocation space, regardless of which CLEC was the original collocator, directly from Qwest. Qwest shall make Shared Collocation space available in single-bay increments or their equivalent. Interconnection Distribution Frame (ICDF) Collocation -- is offered for the purpose of facilitating CLEC'$ combining of Unbundled Network Elements, Finished Services, including Local Interconnection Trunks, and ancillary services. Under ICDF Collocation, CLEC need not collocate equipment in the Qwest Wire Center. With ICDF Collocation, CLEC will have access to the Qwest Wire Center and an ICDF to combine UNEs, Finished Services, and ancillary services. The ICDF connects through tie cables to various points within the Wire Center (e., MDF, COSMICTM or DSX, etc.) providing CLEC with access to UNEs and ancillary services. The ICDF is a distribution frame shared by multiple providers. If CLEC desires a dedicated distribution frame for the purpose of facilitating CLEC's combination of UNEs and ancillary services, CLEC may do so through the placement of a CLEC-owned Cross Connection device collocated in the Qwest Wire Center through either Caged or Cageless Physical Collocation. Adjacent Collocation - is available in those instances where space is legitimately exhausted in particular Qwest Premises to accommodate Physical Collocation. Qwest shall make space available in adjacent controlled environmental vaults, controlled environmental huts, or similar structures to the extent Technically Feasible. Qwest shall permit CLEC to construct or otherwise procure such an adjacent structure on property owned, leased or otherwise controlled by Qwest, subject only to applicable OSHA, EPA, federal, state, and local safety and maintenance requirements. , Such adjacent structure shall be in accordance with Qwest's design and space planning for the site. CLEC may propose the design for the adjacent structure, subject to Qwest' approval , which approval may not be unreasonably withheld or delayed. Qwest must provide power and physical Collocation services and facilities, subject to the same nondiscrimination requirements as applicable to any other physical Collocation arrangement. Qwest must permit CLEC to place its own equipment, including, but not limited to, copper cables, coaxial cables, fiber cables, and Telecommunications April7 2005/lhd/XO/Amend/Coliocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002.for state specific language ATTACHMENT 1 Equipment, in adjacent facilities constructed by Qwest, by CLEC itself, or a third party. Common Area Splitter Collocation - Allows CLEC to place Splitters in a common space area outside its Collocation space near CLEC's DSO termination points. Qwest will install Splitter shelves for shared use byCLECs. Remote Collocation - allows CLEC to collocate equipment in or adjacent to a Qwest Remote Premises. The, terms for Remote Collocation are set forth more fully in Section 8.7 and 8.4. With respect to Cross Connections for access to Subloop elements in multi-tenant environments (MTE) and field connection points (FCP), the provisions concerning Subloop access and intervals are contained in the Agreement. This type of access and Cross Connection is not Collocation. Facility Connected (FC) Collocation -- Facility Connected (FC) Collocation allows CLEC to access Unbundled Network Elements (UNEs), ancillary services and Finished Services within a Qwest Wire Center via an ' Entrance Facility without collocating physical equipment in the Wire Center. FC Collocation is provided on termination block or termination panel within the designated Wire Center and is engineered, provisioned , maintained, and repaired by Qwest. Terms and Conditions Terms and Conditions. All Collocation Qwest shall provide Collocation on rates , terms and conditions that are just, reasonable and nondiscriminatory. In addition , Qwest shall provide Collocation in accordance with all applicable federal and state laws. In accordance with the FCC rules regarding combinations of Unbundled Network Elements and Commingling of facilities and services which are addressed in the Agreement, Qwest will not combine or Commingle services or Network Elements that are offered by Qwest pursuant to Section 271 of the Communications Act of 1934, as amended, with Unbundled Network Elements or combinations of Unbundled Network Elements. Services available for Commingling shall be provided by Qwest pursuant to Qwest'applicable product Tariffs catalogs, price lists, or other Telecommunications Services offerings. Entrance Facilities obtained pursuant to Tariff are available for Commingling. Entrance Facilities and mid-span meet SPOI obtained pursuant to the Interconnection Section of the Agreement are not available for Commingling. Collocation of Switching Equipment. CLEC may collocate any equipment that is necessary for Interconnection or access to Unbundled Network Elements. April7 2005/lhd/XO/Amend/Collocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT. dated 7-25-2002 for state specific language ATTACHMENT Digital Subscriber Line Access Multiplexers (DSLAMS)always meet this legal standard. Asynchronous Transfer Mode (A TM) or Packet Switching also meets this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing Advanced Services such as xDSL. Equipment used predominantly to support DSLAMs and A TMs, such as routers and concentrators , as well as testing and network management equipment also meet this legal standard. Before any equipment that includes switching functionality is installed , CLEC must provide a written inventory to Qwest of all switching equipment and how it will be used for Interconnection or access to Unbundled Network Elements. Once CLEC establishes that it will use a certain type of equipment for Interconnection or access to Unbundled Network Elements, Qwest will allow future Collocations of similar equipment without requesting a written justification unless and until Qwest can establish to the state Commission that such equipment is not intended for Interconnection or access to Unbundled Network Elements. However Qwest will complete the Collocation within the appropriate interval unless granted relief by the Commission. . 8.Remote Switching Units (RSUs) also meet this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing Local Exchange Service. 2.4 Except as provided for in Sections 8.1 through 8. a~ove, CLEC may not collocate equipment that is not necessary for Interconnection or access to Unbundled Network Elements. CLEC must identify what transmission and Cross Connection equipment will be installed and the vendor technical specifications of such equipment so that Qwest may verify the appropriate power, floor loading, heat release, environmental particulate level, HV AC, and tie cables to CLEC-provided Cross Connection device.1.4 Demarcation points for Unbundled Network Elements (UNEs) and ancillary services. The Demarcation Point for Unbundled Network Elements and ancillary services is that physical point where Qwest shall terminate its Unbundled Network Elements and ancillary services for access by CLEC. There are two (2) standard Demarcation Points where Unbundled Network Elements and ancillary services may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation Points for its access to UNEs and ancillary services. One available Demarcation Point is at GLEe-provided Cross Connection equipment in CLEC'Physical or Virtual Collocation space. Alternatively, the Demarcation Point can be at an Interconnection Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC and Qwest. To the extent CLEC selects a Demarcation Point outside of its collocated space, CLECshall provide and Qwest shall install the tie cables from CLEC's collocated equipr:nent to the Demarcation Point. Alternatively, Qwest shall provide and install these tie cables , at CLEC's expense. Qwest will provide a connection between Unbundled Network Elements and ancillary services and a Demarcation Point. Such connection is an Interconnection April 7, 2005/lhd/XO/Amend/Coliocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Tie Pair (ITP). The Demarcation Point shall be:a) at GLEe-provided Cross Connection equipment located in CLEC' Virtual or Physical Collocation space; or b) i~ CLEC elects to use ICDF Collocation, at the Interconnection Distribution Frame (ICDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical Collocation , at the ICDF; or d) at a direct connection point of termination as described in Section 11.2; or at another Demarcation Point mutually-agreed to by the Parties. CLEC may purchase Qwest's finished Private Line or Switched Access Services via applicable Tariff terms and conditions. These services will be terminated at the Demarcation Point. For Caged and Cageless Physical Collocation and Virtual Collocation CLEC must lease space for the placement of CLEC's equipment within Qwest' Prer:nises. Qwest will provide the structure that is necessary in support of Collocation including physical space, a cage (for Caged Physical Collocation), required cabling between equipment and other associated hardware. All equipment shall meet and be installed in accordance with Network Equipment Building System (NEBS) Level 1 safety standards. Qwest shall provide standard Premises alarming pursuant to Qwest Technical Publication 77385. Qwest shall not impose safety or engineering requirements on CLEC that are more stringent than the safety or engineering requirements Qwest imposes on its own equipmentlocated on its Premises. Space Availability Report -- Upon request by CLEC, Qwest will submit to CLEC within ten (10) calendar Days of CLEC's request, a report for each requested Premises, that includes: available Collocation space in a particular Qwest Premises; number of collocators; any modifications in the use of the space since the last report;d) measures that Qwest is taking to make additional space available for Collocation;e) whether sufficient power is available to meet the specific CLEC req uest; April7 2005/lhdlXO/Amend/CollocationllD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language IT ACHMENT number of GLECs in queue at the Premises, if any; whether the Wire Center is equipped with DS3 capability; and h) the number and description of Qwes! and its Affiliates and reservations of space by all CLECs. A Space Availability Report Charge in Exhibit A will apply to each Space Availability Report requested by CLEC and shall apply on per Premises basis. Inventory Report - Remote Premises. The locations of the Remote Premises (e.g., Feeder Distribution Interfaces, "FDI") and the End User Customer addresses served by each Remote Premises are available to . CLEC through the Raw Loop Data Tool. Remote Premises with digital loop carrier and pair gain equipment will be provided on the web site in the ICONN database. (ICONN is available through the Qwest web site located http://www.qwest.com/iconn.If CLEC is unable to determine the information it seeks regarding the Remote Premises after using such database tools, Qwest will provide CLEC with a report that contains the information. The Parties agree that a charge may apply to such report, based on time and material, unless the database information is inaccurate or unusable for the Remote Premises then no charge would apply. Qwest will provide CLEC access to relevant plats, maps engineering records and other data in accordance with the terms of the Agreement. In addition, CLEC can request a copy of Qwest's distribution area map associated with the Remote Premises, with a charge for time and material. 10 Collocation is offered on a first-come , first-served basis. Requests for Collocation may be denied due to the legitimate lack of sufficient space in a Qwest Premises for placement of CLEC's equipment. If Qwest determines that the amount of space requested by CLEC for Caged Physical Collocation is not available, but a lesser amount of space is available, that lesser amount of space will be offered to CLEC for Caged Physical Collocation. Alternatively, CLEC will be offered Cage less Physical Collocation (single frame bay increments), or Virtual Collocation as an alternative to Caged Physical Collocation. In the event the original Collocation request is not available due to lack of sufficient space, and CLEC did not specify an alternative form of Collocation on the original order form, CLEC will be required to submit a new order for CLEC's preferred alternative Collocation arrangement. If CLEC identifies alternate choices for Collocation on its original Collocation request, Qwest will determine the feasibility of the next preferred option in the event CLEC's first choice is not available. To the extent possible, Qwest shall make contiguous space available to CLEC when it seeks to expand its existing Collocation space. Where adjoining space is not available Qwest will engineer a route for CLEC to provide facilities between the non-adjoining CLEC Collocation spaces as part of the Collocation order. When planning renovations of existing facilities or constructing or leasing new facilities Qwest shall take into account projected demand for Collocation~-Of equipment. 10.Space Denial Queue - Qwest will maintain a list of denied Collocation requests, in order of the date of receipt (Space Denial Queue), for April 7, 2005/lhdIXO/Amend/Coliocation/l D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT each Premises where Qwest has exhausted Collocation space. A separate queue will be maintained for each Premises. When space becomes available in a Premises in which a queue has developed, Qwest will inform CLECs in the queue that space for Collocation has become available. If there is insufficient space to accommodate all of the CLECs in queue, Qwest shall notify CLECs of the availability of space in accordance with the CLEC's position in the queue. CLEC must respond within ten (10) calendar Days of receipt of notification from Qwest with a new Collocation Application. If GLEC does not provide a Collocation Application within ten (10) calendar Days of receipt of notification, or if CLEC responds that it no longer requires the Collocation space, CLEC shall be removed from the queue and the available space shall be offered to the next CLEC in the queue. If the space made available to a CLEC in the queue is not sufficient to meet such CLEC's needs , such CLEC may deny the space that becomes available and keep its position in the queue. 11 If Qwest denies a request for Collocation in a Qwest Premises due to space limitations, Qwes! shall allow CLEC representatives to tour the entire Premises escorted by Qwest personnel within ten (10) calendar Days of CLEC's receipt of the denial of space, or a mutually agreed upon, date. Qwest will review the detailed floor plans for the Premises with CLEC during the tour, including Qwest reserved or optioned space. Such tour shall be without charge to GLEe. If, after the tour of the Premises Qwest and CLEC disagree about whether space limitations at the Premises make Collocation impractical, Qwest and CLEC may present their arguments to the Commission. In addition, if after the fact it is determined that Qwest has incorrectly identified the space limitations, Qwest will honor the original Collocation Application date for determining RFS unless both Parties agree to a revised date.12 Qwest shall submit. to the Commission, subject to any protective order as the Commission may deem necessary, detailed floor plans or diagrams of any Premises where Qwest claims that Physical Collocation is not practical because of spacelimitations. 13 Qwest will maintain a publicly available document, posted for viewing onthe Internet, (www.qwest.com/whoiesale/notices/colio/spaceavail.html), indicating all Premises that are full, and will update this document within ten (10) calendar Days of the date at which a Premises runs out of physical space and will update the document within ten (10) calendar Days of the date that space becomes available. In addition, the publicly available document shall include, based on information Qwest develops through the Space Availability Report process, the Reservation Process, or the Feasibility StudyProcess: Number of CLECs in queue at the Premises , if any; Premises that have not be,en equipped with DS3 capability; c) Estimated date for completion of power equipment additions that will lift the restriction of Collocation at the Premises; and Address of the Remote Premises that have been inventoried for Remote April7 2005/lhd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT Collocation , and if the Remote Premises cannot accommodate Collocation. Notwithstanding the foregoing, the Qwest web site will list and update within the ten (10) Day period, all Wire Centers that are full , whether or not there has been a Space Availability Report requested by any CLEC. Reclamation and Reconditioning of Space 14.Reclamation of Space -- Reclamation of space is performed by Qwest removing unused, obsolete Qwest equipment to make space for equipment use. The cost of removal of the obsolete unused equipment shall be borne by Qwest. 14.If CLEC issues a forecast or, reservation for Collocation, Qwest shall use its best judgment to determine whether it would be appropriate to reclaim space and or equipment to meet e~pected Collocation requirements. 14.If CLEC issues a Collocation Application and unused, obsolete equipment must be removed to provide the requested Collocation , Qwest will affirmatively remove such unused, obsolete equipment as necessary to fulfill the Collocation request within the applicable interval set forth in section 8.4. 14.2 ,Reconditioning of Space -- Reconditioning of space is the . remodeling of space for equipment use, such as, but not limited to adding HV AC. The Collocation feasibility study will identify whether reconditioning of space is available and necessary to meet CLEC needs for Collocation. If requested by CLEC, Qwest will assess the cost of such reconditioning, provide a quote to CLEC for the costs, and upon Acceptance of quote by CLEC, perform the necessary work to recondition the space. For reconditioned space, CLEC is responsible for prorated charges based on the amount of space requested. 15 ' Cancellation of Collocation Request. CLEC may cancel a Collocation request prior to the completion of the request by Qwest by submitting a Collocation Cancellation Application. CLEC shall be responsible for payment of all costs incurred by Qwest up to the point when the cancellation is received. Collocation Cancellation is available for all Collocations under a particular billing authorization number (BAN) (for which CLEC has not received notification of completion from Qwest. Cancellation is offered for all types of Collocation. A cancellation will only occur upon request by CLEC. 15.CLEC may submit a Collocation Cancellation Application if the Collocation job is in progress. Upon receipt of a completion notice for the specific Collocation job, the Collocation can no longer be cancelled. Qwest will provide acknowledgment of acceptance or rejection of the Collocation Cancellation Application within one (1) business day of receipt. Qwest will stop work on a Collocation in progress upon receipt and acceptance of a Collocation Cancellation Application. A request- for cancellation is irrevocable once Qwest has accepted the Collocation Cancellation Application. ApriI7 2005/lhd/XO/Amend/Collocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 15.In the event there is a Common Area Splitter Collocation or CLEC has requested a direct CLEC-to-CLEC connection arrangement with the same BAN as the Collocation job to be canceled, the associated Common Area Splitter Collocation and direct CLEC-to-CLEC connection will also be cancelled. 15.Qwest will not charge for canceling the Collocation job except for work already completed as of acceptance by Qwest of the Collocation Cancellation Application. Charges will be based on when Qwest receives the Collocation Cancellation Application and the completion status of the Collocation work. A quote will be issued within thirty (30) calendar Days of Qwest' acceptance of the Collocation Cancellation Application.16 Qwest may retain a limited amount of floor space for its own specific future uses, provided, however, that neither Qwest nor any of its Affiliates may reserve space for future use on terms more favorable than those that apply to CLEC' reservation of Collocation space for CLEC's own future use. Qwest shall relinquish any space held for future use before denying a request for Virtual Collocation on the grounds of space limitations, unless Qwest proves to the Commission that Virtual Collocation at that point is not Technically Feasible. 17 In addition to the requirements of Section 8.8, all Collocation installation and structures shall meet applicable earthquake safety rating requirements comparable to and to the same extent that Qwest installations and structures meet earthquake rating requirements as contained in the Network Equipment Building System (NEBS) - BR GR-63-CORE document. A list of Qwest Premises and the applicable relat~d earthquake ratings is available for review on the Qwest web site at: http://www.Qwest.com/wholesale/pcat/coliocation.html18 Qwest will review the security requirements, issue keys, ID cards and explain the access control processes toCLEC. The access control process includes but is not limited to the requirement that all CLEC approved personnel are subject to trespass violations if they are found outside of designated and approved areas or if they provide access to unauthorized individuals. Likewise, Qwest personnel are subject to trespass violations if they are found to be wrongfully inside CLEC physical caged collocated areas or if they wrongfully provide access to unauthorized individuals. 18.Qwest will take all reasonable' measures to insure that CLEC equipment collocated in Qwest Premises is afforded physical security at Parity with Qwest's similarly situated equipment. Should an event occur within a Qwest Premises that suggests vandalism or other tampering with CLEC's equipment Qwest will, at CLEC's request, vigorously and thoroughly investigate the situation. CLEC shall cooperate in the investigation as requested by Qwest. Qwest will keep CLEC apprised of the progress of any investigation, and report any conclusions in a timely manner.19 Qwest shall provide access toCLEC's collocated equipment and existing eyewash stations, bathrooms, and drinking water within the Premises on a twenty-four (24) hours per day, seven (7) days per week basis for CLEC personnel and its designated agents. Such access shall be permitted without requiring either a security April7,2005/lhd/XO/Amend/ColJocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT escort of any kind or delaying CLEC's employees entry into Qwest Premises. Qwest shall provide CLEC with access to other basic facilities, including parking, where available on a first-come, first-served basis.20 CLEC shall be restricted to corridors, stairways, and elevators that , provide direct access to CLEC's space, or to the nearest restroom facility from CLEC' designated space, and such direct access will be outlined during CLEC's orientation meeting. Access shall not be permitted to any other portion of the building.21 Nothing herein shall be construed to limit CLEC's ability to obtain more than one form of Collocation (Le., Virtual , Caged, Shared and Cageless Physical Collocation or ICDF Collocation) in a single Premises provided space is available.22 Termination of Collocation Arrangement. CLEC may terminate a completed Collocation arrangement by a Collocation Decommission or a Collocation Transfer of Responsibility. A Collocation site is only eligible for Collocation Decommission or a Collocation Transfer of Responsibility after the site is built-out and accepted by CLEC. Abandoned equipment shall be handled as detailed in Section 22. 22.Collocation Decommission. Collocation Decommission refers to the deactivation of a Collocation site occupied by CLEC and removal of CLEC equipment. Collocation Decommission is offered for all types of Collocation. A request for decommissioning is irrevocable once Qwest accepts the Collocation Decommission Application. 22.Prior to submitting a Collocation Decommission Application , all CLEC's financial obligations with respect to the Collocation site to be decommissioned must be current, with the exception of formally disputed charges. CLEC financial obligations include payment of one hundred percent (1000/0) of all nonrecurring quoted charges and all applicable monthly recurring charges that are more than thirty (30) calendar Days past due. 22.CLEC must disconnect all services, including any administrative services, from the Collocation site to be decommissioned prior to submitting the Collocation Decommission Application. All of CLEC's administrative lines and End User Customer services need to be disconnected via the appropriate Access Service Request (ASR) or Local Service Request (LSR)If CLEC has not disconnected all services, all charges with respect to the Collocation site will continue to accrue and the Collocation Decommission Application will be rejected. 22.Prior to disconnecting its services, including direct CLEC-to-CLEC connections, CLEC must notify, in writing,all of its current End User Customers affected by .. the discontinuation of service. CLEC must submit an email notification with the Collocation Decommission Application representing to Qwest that all CLEC End User Customers have April7 2005/lhd/XO/Amend/Collocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7,.25-2002 for state specific language ATTACHMENT 1 been properly notified. For direct CLEC-to-CLEC connection arrangements, CLEC should submit a letter of authorization (LOA) signed by both CLECs involved in the direct CLEC-to-CLEC connection arrangement. Failure to include such email notification or LOA will result in the rejection of the Collocation Decommission , Applicatior:'. - 8.22.CLEC should remove its equipment prior to submitting a Collocation Decommission Application. Equipment includes all CLEC owned electronic equipment, equipment racks, mounting hardware, and CLEC supplied cable (including direct CLEC-to~CLEC cables), termination ,blocks and cage materials. If CLEC does not remove its equipment Within thirty (30) calendar Days of Qwest's acceptance of the Collocation Decommission Application, Qwest will send a notification stating the equipment is considered abandoned. Upon receiving notification of abandonment from Qwest, CLEC will have fifteen (15) calendar Days to notify Qwest that the equipment is not abandoned and remove its equipment. If CLEC does not respond to the notification and remove the equipment and Qwest determines that the equipment has been abandoned, Qwest will send a final notification and bill CLEC for any and all claims, expenses, fees or other costs associated with the removal by Qwest of the abandoned equipment, including any materials used in the removal and the hourly labor rate charges. CLEC will hold Qwest harmless from the failure to return any such equipment, propertyor other items. 22.1.4 Qwest will remove all Collocation entrance facilities. For shared Collocation entrance facilities, Qwest will cut all fiber and/or copper Collocation entrance facilities at the splice point in the Collocation Point of Interconnection (C-POI). For express Collocation entrance facilities, Qwest will remove and dispose of the Collocation entrance fiber. 22.For Virtual Collocation, Qwest will automatically remove all equipment within ninety (90) calendar Days. Qwest will negotiate with CLEC to schedule the pick up of the equipment. There will be no charge for the removal of CLEC's Virtual Collocation equipment. 22.For Collocations with direct CLEC-to-CLEC connection arrangements, CLEC is required to disconnect and remove the direct CLEC-to-CLEC connections. Qwest prefers that CLEC , disconnect and remove the direct CLEC-to-CLEC connection cables prior to submitting the Collocation Decommission Application. If CLEC is not able to disconnect and remove the cables prior to submitting the . Collocation Decommission Application, CLEC will be allowed thirty (30) calendar Days from Qwest'acceptance date of the Collocation Decommission Application to disconnect and remove the direct CLEC-to- CLEC connection cables. If CLEC has not removed the direct CLEC-to- CLEC connections, it will be treated as abandoned equipment. April 7 2005/1hd/XOI Amend/Coliocation/1 D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 22.CLEC will be eligible for a refund for all elements defined as either reusable or reimbursable , if acquired by another CLEC during the following defined time period. An inventory will be completed by Qwest and furnished to CLEC within ninety (90) calendar Days of the Collocation Decommission Application acceptance identifying the reimbursable and reusable elements and the potenti?ll credit. 22.Reimbursable elements considered for a refund are: DSO, DS1 , and DS3 termination cabling, and fiber terminations, excluding ' Collocation entrance facility cabling. These elements will be eligible for a refund for up to one (1) year after the date of decommissioning. 22.Reusable elements include components used to provision the original Collocation site (e., cage, bays, HV AC, cable racking). These elements will be eligible for a refund for up to three (3) years after the date of decommissioning. 22.CLEC is required to return the space to turnover condition. Turnover condition is defined as the same condition in which CLEC originally assumed the Collocation site. CLEC must relinquish security access if not currently leasing another Collocation site in the same Wire Center when verification of equipment removal is completed. Security access will be terminated within thirty (30) calendar Days of receipt of an accepted Collocation Decommission Application, unless alternative arrangements have been agreed to by Qwest. 22.Ordering - CLEC should submit a Collocation Decommission Application form. Qwest will notify CLEC within one (1) business day if the prerequisites have been met. Qwest will validate the order within two (2) business days from receipt of the Collocation Decommission Application. Qwest will provide an inventory of the eligible reimbursable and reusable elements and the potential credits within ninety (90) calendar Days of the Collocation Decommission Application acceptance. 22.10 Billing - Qwest will not charge for decommissioning Collocations unless equipment has been abandoned or the Collocation space has not been returned to turnover condition. Charges for work related to the removal of abandoned equipment or returning the Collocation space to turnover condition include miscellaneous hourly labor charges and if applicable, dispatch charges will apply for unmanned Central Offices and Remote Collocations. 22.Collocation Transfer of Responsibility. Collocation Transfer of Responsibility is the transfer of a Collocation site from vacating CLEC (current CLEC leasing the space in the Premises) to an assuming CLEC. Collocation Transfer of Responsibility is available for Caged Physical Collocation, Cageless Physical Collocation, and Virtual Collocation. All other types of Collocation to be April7,2005/1hd/XO/Amend/Collocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT transferred will be handled on an Individual Case Basis (lCB). There are two (2) types of Collocation Transfer of Responsibility: 1) Collocation Transfer of Responsibility Without Working Circuits - The Collocation is not serving any End User Customers and does not have active service terminations (e. g., Interconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility With Working Circuits - The Collocation has active service terminations, such as Interconnection trunks or is serving End User Customers. 22.Generally, Collocation Transfer of Responsibility is not available if another CLEC or Qwest are waiting in queue for available space within the requested Premises; however if assuming CLEC acquires all or substantially all of the Collocation sites of vacating CLEC in Qwest Premises in the state, such transfers shall not be subject to any queue for available space. In addition, regardless of any space requests that may be pending in a Qwest Premises, Collocation Transfer of Responsibility shall, be available when vacating CLEC and assuming CLEC are affiliated corporate entities prior to or immediately after the proposed transfer, or the transfer is due to a bankruptcy court order. vacating CLEC has filed for bankruptcy, assuming CLEC must comply with Applicable Law in obtaining th~ transfer of the Collocation site. 22.Both vacating CLEC'and assuming CLEC' Interconnection Agreements with Qwest must contain finalized terms and conditions for Collocation Transfer of Responsibility and all associated services. Assuming CLEC is required to have an Interconnection Agreement with Qwest prior to submitting Collocation Transfer of Responsibility request. Assuming CLEC will need to amend any previously existing Interconnection Agreement prior to submitting a Collocation Transfer of Responsibility request if its Interconnection Agreement does not contain the terms and conditions and rate elements for all services that will be transferred. 22.Collocation Transfer of Responsibility with working circuits is available if only administrative changes are required and the transfer does not involve translations work that needs to be processed in conjunction with the transfer. If translations work is needed, CLEC' transfer plans shall allow for the completion of the Collocation Transfer of Responsibility prior to initiating any translation activity. 22.2.4 A request for Collocation Transfer of Responsibility is irrevocable upon one hundred percent (1000/0) payment by assuming CLEC of the nonrecurring Collocation transfer charges reflected on the quote. 22.The Collocation site to be transferred is identified by vacating CLEC's eleven (11) character CLLlTM code. The Collocation site will be transferred "as is" and in its entirety. This includes, but is not limited to, Collocation entrance facilities from the Collocation - Point of Interface (C-POI) manhole, cables, Splitters,' and working circuits, if April 7 200511hd/XOI Amend/Collocation/l D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 applicable. If the Collocation site has a Common Area Splitter Collocation associated with it, the Common Area Splitter Collocation will be transferred as part of the Collocation Transfer of Responsibility. 22.The transfer of equipment between vacating CLEC and assuming CLEC will be the responsibility of vacating CLEC and assuming CLEC. Qwest is not responsible for the physical condition of vacating CLEC's equipment, with the exception of equipment associated with a Virtual Collocation ' as set forth in CLECs' Interconnection Agreements. The negotiation of. the transfer terms and conditions between vacating CLEC' and assuming CLEC is the responsibility of those two parties. Qwest will not participate in these negotiations. Qwest will only manage the database and records transfer. 22.Assuming CLEC will provide the information Qwest will need to update the following items: Customer Name, Access Carrier Name Abbreviation (ACNA), Master Customer Number (MCN), CLEC address, phone number, billing and contact . information, and contract number. The Collocation eleven (11) character CLEC CLLlTM code will remain the same. 22.Submission of new connect, change, and disconnect orders will be restricted from quote Acceptance until the transfer of the working circuits is complete. If new connect, change, and disconnect orders need to be submitted between quote Acceptance and the completion of the transfer, they will be handled on an 1GB and may affect the Ready for Service (RFS) date. Submission of Collocation augment orders will not be allowed from the time that the Collocation Transfer of Responsibility Application has been accepted by Qwest until assuming CLEC has accepted the quote for the Collocation Transfer of Responsibility. 22.All work in progress related to the Collocation site and associated working circuits, if applicable, must either be completed or cancelled by vacating CLEC prior to the quote Acceptance. 22.10 If vacating CLEC does not lease another Physical Collocation site at the specified Central Office at the time of the Collocation Transfer of Responsibility request, then vacating CLEC must relinquish security access to the building. 22.11 Vacating CLEC's financial obligations to Qwest with respect to the Collocation site to be transferred must be met, with the exception of formally disputed charges, prior to submitting a Collocation Transfer of Responsibility Application. Vacating CLEC'financial obligations include payment of one hundred percent (1000/0) of all . nonrecurring charges and all applicable recurring charges for the specific Collocation account that are more than thirty (30) calendar Days past due. Vacating CLEC may meet its financial obligations by having them April 7 2005/1hd/XOI Amend/Collocationll D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 expressly assumed , in writing, by assuming CLEC and assuming CLEC pays such obligations at the time it accepts the quote for Collocation Transfer of Responsibility. 22.12 Assuming CLEC'financial obligations to Qwest must be in good standing prior to submitting a Collocation Transfer of Responsibility Application , with the exception of formally disputed charges. 22.13 Vacating CLEC and assuming CLEC must provide a signed Transfer Authorization Agreement. Required information on the Qwest Transfer Authorization Agreement: Qwest Central Office Name applicable CLLlTM codes, Collocation BAN numbers, and charges (from Exhibit A) for the transfer of the Collocation site. 22.14 Prior to submitting a Collocation Transfer of Responsibility Application without working circuits, vacating CLEC must ensure that no active circuits exist at the Collocation site to transferred. 22.15 Prior to transferring a Collocation site' with working circuits, vacating CLEC must notify, in writing, all of its current End User Customers that utilize the Collocation site s equipment or facilities of the transfer o~ service to assuming CLEC, unless vacating CLEC has a waiver from the FCC or other applicable regulatory authority. Vacating CLEC must provide an email notification to Qwest with the Collocation Transfer of Responsibility Application representing that all of its End User Customers have been properly notified or provide a copy of any applicable waiver. 22.16 If the Collocation site being transferred has a direct CLEC-to-CLEC connection arrangement, a letter of authorization (LOA) must be submitted with the Collocation Transfer' of Responsibility Application , signed by both CLECs in the direct CLEC-to-CLEC arrangement authorizing the transfer of the direct CLEC-to-CLEC connection service to assuming CLEC. A separate LOA is required for each' direct CLEC-to-CLEC relationship associated with the transferring Collocation site. Each LOA shall identify the CLECs, CLL! codes, and BANs for their respective Collocations. 22.17 Vacating CLEC and/or assuming CLEC will be responsible for submitting Local Service Requests (LSRs) for Unbundled Loops, enhanced extended Loops (EELs), and line splitting. Assuming CLEC may submit LSRs once it has accepted the quote for the Collocation Transfer of Responsibility and has received the preliminary APOT information from Qwest. Orders to transfer Local Interconnection Service (LIS) trunks and ancillary services (e., SS7, 911, operator services) with no translation activity, as well as private line and Access Services circuits, will be processed based on the information provided in April7 2005/1hd/XO/Amend/Coilocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT the Collocation Transfer of Responsibility Application spreadsheet. Assuming CLEC is responsible for Directory Assistance (DA), operator services (OS), Directory Listings, Busy Line Verify/Busy Line Interrupt (BLV/BLI), and 911 changes, if applicable. Any SS7 changes will need to be made after the transfer is complete. 22.18 After the Collocation Transfer of Responsibility is complete, vacating CLEC, assuming CLEC, and Qwest are all required to sign the Qwest Services Transfer Agreement. 22.19 Billing. Vacating CLEC will not incur charges for the transfer of the Collocation site. Vacating CLEC is obligated to pay all recurring charges associated with the Collocation until Qwest completes the Collocation Transfer of Responsibility request. Assuming CLEC' quote will reflect the following nonrecurring charges associated with the transfer of the Collocation site: Assessment Fee, payable regardless of whether the quote is accepted or not , . ~ Network Systems Administration Fee, and charges for processing the transfer of working circuits, if. applicable. Upon completion of the Collocation Transfer of Responsibility,. Qwest will begin Billing assuming CLEC for all recurring charges based on assuming CLEC'Interconnection Agreement and cease Billing vacating CLEC. 22.Abandoned Equipment. If Qwest finds, in the course of business evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, Qwest shall notify CLEC in writing of the existence of such equipment or property and CLEC shall have thirty (30) calendar Days from the date, of such notice to remove such equipment or property from the Premises. If, prior to the termination of the thirty (30) calendar Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to Qwest ofsuch dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to the terms of the Agreement. If no Resolution Request has been delivered to Qwest within thirty (30) calendar Days of the notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by Qwest without further notice to CLEC and without obligation to acqount therefor, and CLEC shall reimburse Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to the terms of the Agreement or to otherwise resolve the dispute with Qwest, within thirty (30) calendar Days of the delivery of such Resolution Request, then thirty (30) calendar Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded , and assigned by CLEC to Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by Qwest without further notice to CLEC and without obligation to April 7, 2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 account therefor, and CLEC shall reimburse Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless Qwest from and against any and all costs,. expenses, claims, judgments, damages, liability or obligation arising out of or in connection with Qwest's exercise of any or all of its, rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.22.1 of this Amendment, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 22.1' of this Amendment'. 23 . Qwest shall design and engineer the most efficient route and cable racking for the connection between CLEC's equipment in i~s collocated spaces to the collocated equipment of another CLEC located in the same Qwest Premises; or to CLEC's own non-contiguous Collocation space. The most efficient route generally will be over existing cable racking, to the extent Technically Feasible, but to determine the most efficient route and cable racking, Qwest shall consider all information provided by CLEC in the Collocation Application form, including but not limited to, distance limitations of the facilities CLEC intends to use for the connection. CLEC shall have access to the designated route and construct such connection, using copper, coax, optical fiber facilities, or any other Technically Feasible method utilizing a vendor of CLEC's own choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically Feasible connecting facilities outside of the actual physical . Collocation space, subject only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest. CLEC may perform such Interconnections at the ICDF, if desired. CLEC may interconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC , to any End User Customer premises, and may interconnect CLEC's own collocated space and/or equipment (e.g., CLEC's Physical Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be ordered either as part of a Collocation Application under Section 8.4 , or separately from Collocation Application in accordance with Section 8. CLEC-to-CLEC Cross Connections at an ICDF are available, as follows: 23.CLEC-to-CLEC Cross Connections at the ICDF. 23.1 CLEC-to-CLEC Cross Connection (COCC-X) defined as CLEC'capability to order a Cross Connection from its Collocation in a Qwest Premises to its non-adjacent Collocation space or to another CLEC's Collocation within the same Qwest Premises at the ICDF. 23.Qwest will provide the capability to combine these separate Collocations through an Interconnection Distribution Frame (ICDF). This is accomplished by the use of CLEC's Connecting Facility Assignment (CFA) terminations residing at an IDCF. Also, ICDF Cross Connections must terminate on the same ICDF at the same service rate level. April 7 2005/1hd/XOI Amend/Collocation/1 D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004'; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 23.If CLEC has its own dedicated ICDF CLEC is responsible for ordering tie cables to the common ICDF frame/bay where the other CLEC resides. These tie cables would be ordered through theexisting Collocation Application form. 23.1.4 CLEC is responsible for the end-to-end service design that uses ICDF Cross Connection to ensure that the resulting service meets its End User Customer s needs. This is accomplished by CLEC using the Design Layout Record (DLR) for the service connection. 23.If two (2) CLECs are involved, one (1) CLEC acts as the "ordering" CLEC. The ordering CLEC identifies both connection CFAs on the ASR. CLEC requests service order activity by using the standard ASR forms. These forms are agreed upon nationally at the OBF (Ordering and Billing Forum). Refer to the DMP (Document Management Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms including definitions of the fields. CLEC is responsible for obtaining these forms. Qwest must not reproduce copies for its Customers, as this is a copyright violation.The" standard industry forms for CLEC-to-CLEC Cross Connections (COCC-X) are: Access Service Request (ASR), . Special Access (SPE) and Additional Circuit Information (ACI).24 Qwest will provide CLEC the same connection to the network as Qwest uses for provision of services to Qwest End User Customers. The direct connection to Qwest's network is provided to CLEC through a direct connection to Qwest's existing Cross Connection network. CLEC and Qwest will share the same distributing frames for similar types' and speeds of equipment, where Technically Feasible and space permitting.25 CLEC terminations will be placed on the appropriate Qwest Cross Connection frames using standard engineering principles. CLEC terminations will share frame space with Qwest terminations on Qwest frames without a requirement for an intermediate device.26 If CLEC disagrees with the selection of the Qwest Cross Connection frame CLEC may request a tour of the Qwest Premises to determine if Cross Connection frame alternatives exist, and may request a connection to an alternative frame or an alternative arrangement, such as direct connections from CLEC' Collocation space to the MDF or COSMICTM frame.27 Conversions of the various Collocation arrangements (e., Virtual to Physical) will be considered on an Individual Case Basis. However, conversions from Virtual Collocation to Cageless Physical Collocation , where the conversion only involves an administrative and Billing change, and the virtually collocated equipment is located in a space where Cageless Physical Collocation is available, shall be completed in thirty (30) calendar Days.. CLEC must pay all associated conversion charges. 28 Qwest shall permit CLEC to construct or subcontract the construction and build-out of Physical Collocation arrangements with contractors approved by Qwest. April 7, 200511hd/XO/Amend/ColiocationllD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Such GLEe construction of Physical Collocation arrangements are for within CLEC' physical space including the cage, if appropriate , frames, and cable racking. Also, CLEC may install the tie cables, blocks, and terminations on the ICDF or CLEC-to-CLEC connections, outside CLEC's physical space and according to Qwest's design. Qwest approval of CLEC contractors involves security access arrangements and shall not be unreasonably withheld. CLEC is not required to use Qwest or Qwest contracted personnel for the engineering and installation of CLEC's collocated equipment. Approval by Qwest of CLEC's employees, vendors or subcontractors shall be based on the same criteria that Qwest uses in approving contractors for its own purposes.29 Qwest will provide CLEC with written notification at least five (5) business days before any scheduled non-emergency AC or DC power work in the collocated facility that may cause a power disruption to CLEC equipment located in the Qwest facility. This does not include notification of routine power testing or power installation work not expected to cause a power disruption. Qwest will use diligent efforts to notify CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon as Qwest becomes aware that an outage is to take place or has occurred and (b) any emergency power disruption that would impact CLEC equipment no later than thirty (30) minutes after such activity commences. Finally, Qwest shall immediately notify CLEC by ACR if an alarm condition exists with respect to the monitoring of power that poses a material risk to the continued operation of CLEC equipment.30 Optional DC Power Measurement. CLEC will order DC power to meet its needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than sixty (60) amps, Qwest typically terminates such feed on a power board. If CLEC orders sixty (60) amps or less, the power feed typically terminates at a battery distribution fuse board (BDFB). No power measurements are performed at a BDFB. Therefore, for sixty (60) amps or less, the power usage rate is based on CLEC ordered amps. For power feeds of greater than sixty (60) amps terminated at the power board, Qwest will measure usage on a semi-annual basis if CLEC orders Optional DC Power Measurement. Qwest will also take a reading within thirty (30) calendar Days of a written request by CLEC. Qwest will perform a maximum of four (4) readings per year for a particular Collocationsite. Until the routine semi-annual reading or until such time that Qwest makes a reading based on a written request, Qwest will bill CLEC based on the amount of power ordered. Based on the reading, Qwest will adjust the new monthly usage rate to CLEC' actual usage rate on a going forward basis.31 Joint Testing. Joint Testing allows CLEC to request Qwest to participate in Joint Testing of CLEC terminations at the Interconnection Distribution Frame (ICDF). CLEC may request Joint Testing on the Collocation Application form or by sending a separate Joint Testing Application form. Collocation and Joint Testing Application forms are available in the PCAT. CLEC must specify on its application the terminations to be tested and the type of tests to be performed with Qwest. CLEC must provide contact information on the application for Qwest to arrange the Joint Testing date and time. Qwest will acknowledge acceptance of the application within ten (10) calendar Days of receipt. Joint Testing will be complete within ninety (90) calendar Days of the RFS if Joint Testing is requested on the Collocation Application form or ninety (90) calendar Days from acceptance of the Joint Testing Application form. April 7 200511hd/XOI Amend/Collocation/l D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 31.Qwest will only test between CLEC Collocation and the ICDF once CLEC equipment is in place. Joint Testing is only available for the terminations identified on the Collocation Application or Joint Testing Application. If CLEC wants additional terminations tested that are not identified on its initial application, CLEC will need to complete a new Joint Testing Application. 31.Each Party will provide appropriate test equipment for its technicians. Qwest will assist CLEC in conducting continuity tests on terminations at the ICDF. Qwest will not operate CLEC test equipment. errors are found during the Joint Testing, Qwest will only repair Qwest network faults. CLEC is responsible for replacement or repair of CLEC-provided facilities. 31 ~If during the scheduled Joint Testing, the Qwest-caused error rate is more than two percent (20/0) on the terminations identified for testing, Qwest will not charge for this Joint Testing. If there are less than two percent (20/0) errors found or if the errors found are facility errors on CLEC provided facilities, Qwest will charge for the Joint Testing. One (1) pair is counted as two (2) terminations and errors are counted on a one (1) termination basis. If CLEC requests that the charges be waived because Qwest errors are found during Joint Testing, Qwest may access CLEC's Collocation space to identify if the facility cabling sequence is correct, per applicable standarqs. CLEC may review Qwest facility cabling at the ICDF to verify the cable sequence , per applicablestandards. 32 DC Power Reduction. DC Power Reduction With Reservation allows CLEC to reserve a fuse or breaker position on the power board or battery distribution fuse board (BDFB) when reducing a secondary power feed to zero. CLEC will pay a monthly power maintenance charge to retain the existing power cabling and fuse position for future power augment requests or until such time as CLEC notifies Qwest it wishes to discontinue the option. DC Power Reduction Without Reservation allows CLEC to reduce the ordered amps on a primary or secondary feed to a minimum of twenty (20) amps. 32.Applications for DC Power Reduction may be submitted only for Collocation sites that have been completed and accepted by CLEC, otherwise CLEC should follow standard change or augment procedures including the applicable rates for changes or augments. On the Collocation Application , CLEC should indicate that it is a request for DC Power Reduction and identify the specific power feeds to be reduced. CLEC should submit the applicable QPF or Engineering and Design fee with its Collocation Application requesting DC Power Reduction. Qwest will notify CLEC of any deficiencies in the Collocation Application, within ten (10) calendar Days of receipt. A quote for the DC Power Reduction will be provided to CLEC within twenty-five (25) calendar Days. The quoted nonrecurring charges will be honored for thirty (30) calendar Days from the quote. CLEC payment of all quoted nonrecurring charges constitutes acceptance and Qwest will then perform the work. If CLEC accepts the quote April 7, 2005/1hd/XO/Amend/ColiocationllD Amendment to CDS-020124-0083 Negotiations Template dated 10..18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT within seven (7) calendar Days, Qwest shall complete the DC Power Reduction within ninety (90) calendar Days of receipt of the Collocation Application. If CLEC accepts the quote after seven (7) calendar Days, Qwest shall complete the DC Power Reduction within ninety (90) calendar Days of receipt of CLEC' acceptance. If CLEC's request allows for such accommodation, Qwest will make reasonable efforts to complete CLEC's request for DC ' Power Reduction in a shorter timeframe. 32.CLEC assumes all responsibility for outages or impacts to CLEC services and equipment due to the reduction in DC power. Restoration of the DC power is contingent upon the desired power and fuse availability. 32.Before submitting a Collocation Application requesting DC Power Reduction, CLEC's financial obligations for the Collocation site must be current with the exception of formally disputed charges. Billing to CLEC will be revised to reflect the reduced DC power upon receipt of payment of the quoted charges effective back to the date of acceptance by Qwest of the Collocation Application. 32.If a shortage of fuse positions is imminent, Qwest will notify CLEC of the need to exercise its option to reuse the power feed and fuse, or relinquish the fuse position for use by another CLEC or Qwest. Upon receipt of such notification, CLEC must request restoration of the secondary power feed to at . least twenty (20) amps or return the fuse position to Qwest within thirty (30) calendar Days.33 Collocation Available Inventory. Collocation Available Inventory provides CLEC with information about the availability of (a) returned Collocation sites and elements under Qwest's control ("Qwest Postings ) and (b) CLEC controlled sites that may be posted are available for a Transfer of Responsibility ("CLEC Postings ). Qwest and CLECs may post available Collocation sites on Qwest's wholesale web site at: http://www.qwest.com/whoiesale/pcatlcolloclassifieds.htmi. CLEC must either have an approved Interconnection Agreement or is currently negotiating with Qwest to have an interim Interconnection Agreement with the specific type of Collocation to be obtained. the Interconnection Agreement is pending approval CLEC must execute an early ordering letter. Qwest reserves the right to remove Qwest Postings to satisfy CLEC Collocation Applications or Qwest space requirements. Qwest shall not use the Qwest Postings as a basis to claim exhaust in any Qwest Premises. 33.CLEC obtaining a Collocation site from Qwest Postings must not have any overdue financial obligations owed to Qwest for Collocation, with the exception of formally disputed charges. CLEC will be required to pay a minimum of six (6) months of space construction and floor space lease recurring charges if CLEC terminates its lease prior to six (6) months occupancy. 33.Qwest Postings. Collocation sites available in Qwest Postings may be partially or fully completed before being returned to Qwest inventory. Both Caged Physical Collocation and Cage less Physical Collocation sites will be offered in the Qwest Postings and will be available under the terms and conditions set forth in the Interconnection Agreement of the CLEC acquiring the April7 2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT Collocation space. CLEC may request to add to or complete the Collocation site to its specifications. CLEC may also request that Qwest reduce the cable terminations and CLEC will be charged for the removal of such cable termin~tions. 33.All services that were previously connected to the Collocation (e., UNEs , GLEC to CLEC, administrative lines, Finished Services, and Line Splitting) will be disconnected before the site is listed in the Qwest Postings. Power, grounding, and Entrance Facilities will also be disconnected before the site is listed. Qwest shall inventory all reusable and reimbursable elements and include them in the Collocation site information. 33.Qwest may also elect to offer Collocation sites returned through bankruptcy or abandonment consistent with Applicable Law (Le., "Special Sites These Collocation sites will not be decommissioned and will be posted as unverified sites with equipment which may include electronic equipment, racks cages, DC power, grounding and terminations. It is expressly understood and agreed that Qwest is selling equipment that is used or surplus equipment on an as is, where is" basis with all faults, latent and patent, and the equipment is conveyed without any Qwest warranties or representations of any kind, express or implied. CLEC is responsible for all software and software license agreements for any equipment conveyed as part of a Special Site. CLEC is responsible for handling, scrapping, destruction or other disposition of any equipment conveyed as part of a Special Site and shall conform and comply with: (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.C. 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.C. 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-hazardous as defined by governing laws and or applicable laws and are the sole responsibility of CLEC; and (c) 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, CLEC shall be listed as the generator, arranger and owner of the materials. 33.GLEC will submit a Collocation Application indicating a specific April7 2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT Collocation site from the Collocation Available Inventory. Qwest will follow the standard Collocation provisioning intervals for the type of Collocation as included in CLEC's Interconnection Agreement. During preparation of the quote, Qwest will validate at! reusable elements and send an inventory verification letter. After receipt of the validated inventory, CLEC may cancel the Collocation Application or submit a change to the pending Collocati9n Application. Any cancellation due to differences between the Qwest Posting and actual inventory will not result in a QPF or Engineering and Design Fee being charged. 33.Charges for Collocation sites listed in the Qwest Postings will be on a site specific basis, according to assuming CLEC'Interconnection Agreement and its requested work in the Collocation Application. Assuming, CLEC will receive a fifty percent (500/0) discount on nonrecurring reusable elements, if any, as defined in Section 8.22. CLEC Collocation of Splitters 34.If CLEC elects to have Splitters installed in Qwest Wire Centers via the standard Collocation arrangements, CLEC will either purchase the Splitters or have Qwest purchase the Splitters subject to full reimbursement of the cost of the Splitters plus any pass through of actual vendor invoice costs including but not limited to taxes, shipping and handling. The Splitters must meet the requirements for Central Office equipment Collocation set by the FCC. CLEC will be responsible for installing and maintaining the Splitters in its Collocation areas within Qwest Wire Centers. 34.Reclassification allows CLEC that has ' existing spare terminations to reclassify those terminations for UNE or other services as necessary. Reclassification is required when the terminations for the requested services are inventoried in a database different from the database of the existing spare terminations. A spare termination is a CLEC termination that is not in use al')d has no pending orders against it. 34.CLEC may designate some or all of its existing tie cables for use in connection with UNEs or other services. Qwest will perform any necessary tie cable reclassifications, frame re-stenciling, and related work for which it is responsible and that is required to provision Line Splitting and Loop Splitting. Charges will apply pursuant to Exhibit A. 34.4 Two (2) ITPs and two (2) tie cables will be needed to connect Splitters to the Qwest network. One (1) ITP will carry both voice and data traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame , one (1) tie cable will carry both voice and data traffic to the Splitter located in CLEC's Collocation area. The voice and data traffic will be separated at the Splitter. The data traffic will be routed to CLEC's network within its Collocation area. The voice traffic will be routed to the COSMICTM/MDF Switch termination via the ICDF, using a second tie cable and a second ITP. 34.Interconnection Tie Pairs and Tie Cables. There are two (2) types April 7 2005/1hd/XOI Amend/Coliocation/1 D Amendment to CDS-O20124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language IT ACHMENT of ITP arrangements for connecting the Qwest network to the CLEC provided Splitter, depending on whether CLEC elects to use an ICDF or directconnections. 34.CLEC may elect to U$e an ICDF. In this instance, one (1) ITP carries the combined voice/data signal from the COSMICTM/M~F Loop termination to the ICDF and a second ITP carries the voice only . signal from the ICDF to the COSMICTM/MDF Switch termination. For each Shared Loop, two (2) pairs of the tie cable must be used: one (1) pair of the tie cable will carry the voice/data from the ICDF to the CLEC provided Splitter, and the second pair will carry the voice-only signal from the CLEC provided Splitter to the ICDF. 34.CLEC may elect to use direct connections between the GLEe-provided Splitter and the COSMICTM/MDF. In this instance, Qwest will provide one (1) tie cable between each . module of the COSMICTM/MDF and the GLEe-provided Splitter. One (1) pair in the tie cable will carry the combined voice/data signal from the COSMICTM/MDF Loop termination to the CLEC-provided Splitter in CLEC's Collocation space. A second pair in the tie cable will carry the voice-only signal from the CLEC-provided Splitter to the Switch termination on the COSMICTM/MDF. These tie cables will be dedicated to CLEC's use, and, as a result, the full cost of the necessary Mechanized Engineering and Layout for Distributing Frame (MELD TM) run, cable placement, and cable termination, and associated COSMICTM/MDF hardware to terminate a tiecable on each outside plant and Switch equipment module of the COSMICTM/MDF will be assessed to CLEC in accordance with the terms and conditions of this Amendment. To minimize CLEC's cost, to the extent feasible, Qwest shall consolidate CLEC's requirements with the requirements of Qwest and other CLECs into a single MELDTM run whenever feasible. Costs of such consolidated MELD TM runs shall be prorated among the parties, including Qwest. Qwest will provide, for each , Shared Loop, the tie cable pair assignments. 34.The Demarcation Points between Qwest's network and CLEC' network will be the place where the combined voice and data Loop is connected to the ICDF, or where CLEC chooses a direct connection to the COSMICTM/MDF where the combined voice and data Loop originates from GLEC's Collocation. Terms and Conditions - Virtual Collocation Qwest is responsible for installing, maintaining, and repairing virtually collocated equipment for the purpose of Interconnection or to access UNEs , ancillary and Finished Services. When providing Virtual Collocation, Qwest shall install, maintain and repair collocated equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC will not have physical access to the virtually collocated equipment April 7 2005/1hd/XOI Amend/Collocation/1 D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT in the Qwest Premises. However, CLEC will have physical access to the Demarcation Point in the Qwest Premises. CLEC will be responsible for obtaining and providing to Qwest administrative codes (e.common language codes) for all equipment provided by CLEC and installed in Qwest Premises.2.4 CLEC shall ensure that upon receipt of CLEC'virtually collocated equipment by Qwest, all warranties and access to ongoing technical support are passed through to Qwest at CLEC's expense. CLEC shall advise the manufacturer and seller of the virtually collocated equipment that CLEC's equipment will be possessed , installed and maintained by Qwest. 5 CLEC'virtually collocated equipment must comply with Telcordia Network Equipment Building System (NEBS) Level 1 safety standards and any statutory (local, state or federal) and/or regulatory requirements in effect at the time of equipment installation or that subsequently become effective. CLEC shall provide Qwest interface specifications (e., electrical, functional, physical 'and software) of CLEC'virtually collocated equipment. Such safety and engineering standards shall apply to CLEC equipment only to the degree that they apply to Qwest equipment located in Qwest' Premises. CLEC must specify all software options and associated plug-ins for its virtually collocated equipment. CLEC will be responsible for payment of Qwest'initial direct training charges associated with training Qwest employees for the maintenance, operation and installation of CLEC's virtually collocated equipment when such equipment is different than the standard equipment used by Qwest in that Premises. This includes per diem charges (Le.expenses based upon effective Qwest labor agreements), travel and lodging incurred by Qwest employees attending a vendor-provided training course. CLEC will be responsible for payment of reasonable charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment in accordance with this Amendment, unless otherwise agreed by the Parties. Notwithstanding the foregoing, CLEC shall not be responsible for any costs or charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment where such costs or charges result from Qwest's fault or negligence. Terms and Conditions -Caged and Cageless Physical Collocation Qwest shall provide Caged and Cageless Physical Collocation to CLEC for access to UNEs and ancillary services and Interconnection, except that Qwest may provide Virtual Collocation if Qwest demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251 (c)(6) of the Act. Physical Collocation is offered in Premises on a space-available, first come, first-served basis. April7,2005/lhd/XO/Amend/Coliocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT Intentionally Left Blank.3.4 Qwest will design the floor space in the most efficient manner possible within each Premises that will constitute CLEC'leased space. CLEC will, in accordance with the other terms and conditions of this Section, have access to its leased space. When Qwestconstructs the collocated space, Qwest will ensure that the necessary construction work (e.g., racking, ducting and caging for Caged Physical Collocation) is performed pursuant to Qwest Technical Publication 77350, including all construction of CLEC's leased physical space and the riser from the vault to the leased physical space. R2.CLEC owns or leases and is responsible for the installation , maintenance and repair of its equipment located within the physically collocated space leased fromQwest. Qwest shall permit CLEC to commence installation of its equipment prior to completion of Qwest's work on the remaining Collocation infrastructure, at additional charge to CLEC. Such "early access" date will be negotiated by Qwest and CLEC on a site specific basis. In order to obtain early access, CLEC must pay eighty percent (800/0) of the remaining fifty percent (500/0) of the quoted nonrecurring charges before early access is granted, leaving a holdback of ten percent (10010) of the originally quoted nonrecurring charges. All appropriate (i.e. space and cable racking) recurring charges will begin on a negotiated date. The enclosure for Caged Physical Collocation must be complete before early access is granted. Such early access by CLEC shall not interfere with the work remaining to be performed by Qwest. Upon completion of the construction of the Collocation project, Qwest will work cooperatively with CLEC in matters of joint testing and maintenance. ) 8.9 If, during installation , Qwest determines CLEC activities or equipment do not comply with the NEBS Level 1 safety standards listed in this Section or are violation of any Applicable Laws or regulations all equally applied to Qwest, Qwest has the right to stop all installation work until the situation is remedied. Qwest shall provide written notice of the non-compliance to CLEC and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) list of all equipment that Qwest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Qwest contends CLEC's equipment fails to meet. If such conditions pose an immediate threat to the safety of Qwest employees, interfere with the performance of Qwest's service obligations, or pose an immediate threat to the physical integrity of the conduit system, cable facilities or other equipment in the Premises, Qwest may perform such work and/or take action as is necessary to correct the condition at CLEC's expense. In the event that CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision , CLEC may pursue immediate resolution by the Commission or a court of competent jurisdiction. April?2005/lhd/XO/Amend/Coliocation/lD Amendment to CDS-O20124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 10 All equipment placed will be subject to random safety audits conducted by Qwest. These audits will determine whether the equipment meets the NEBS Level safety standards required by the Agreement. CLEC will be notified of the results of this audit. If, at any time, pursuant to a random audit or otherwise, Qwest determines that the equipment or the installation does not meet the NEBS standards described in Section 8.8, CLEC will be responsible for the costs associated with the removal, modification to, or installation of the equipment to bring it into compliance. Qwest shall provide written notice of the non-compliance to CLEC, and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) list of all equipment that Qwest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Qwes! contends CLEC's equipment fails to meet. If CLEC fails to correct any non-compliance within fifteen (15) calendar Days of written notice of non- compliance, or if such non-compliance cannot be corrected within fifteen (15) calendar Days of written notice of non-compliance, and if CLEC fails to take all appropriate steps to correct any non-compliance as soon as reasonably possible,. Qwest may pursue immediate resolution by the Commission or a court of competent jurisdiction. If there is an immediate threat to the safety of Qwest employees, or an immediate threat to the physical integrity of the conduit system , cable facilities , or other equipment in the Premises, Qwest may perform such work and/or take such action as is necessary to correct the condition at CLEC's expense.11 Qwest shall provide basic telephone service with a connection jack at the request of CLEC for Caged or Cageless Physical Collocation space. Upon CLEC' request, this service shall be available per standard Qwest business service Provisioning processes and rates.12 For Caged Physical Collocation , CLEC'leased floor space will be separated from other CLECs and Qwest space through a cage enclosure. Qwest will construct the cage enclosure or CLEC may choose from Qwest approved contractors or may use another vendor ofCLEC's own choosing, subject to Qwest's approval which may not be unreasonably withheld, to construct the cage enclosure. All CLEC equipment placed will meet NEBS Level 1 safety standards, and will comply with any local, state, or federal regulatory requirements in effect at the time of equipment installation or that subsequently become effective.13 For Cageless Physical Collocation in a Wire Center, the minimum square footage is nine (9) square feet per bay (however, if smaller bays are or become available, Qwest will reduce the minimum square footage accordingly). Requests for multiple bay space will be provided in adjacent bays where possible. When contiguous space is not available, bays may be commingled with other CLECs' equipment bays. CLEC may request, through the Qwest Space Reclamation Policy, a price quote to rearrange Qwest equipment to provide CLEC with adjacent space. Transmission Facility Acce$s to Collocation Space 2.4.For Virtual or Physical Collocationt CLEC may select from four (4) April 7 2005/1hdIXOI Amend/Coliocationll D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 optional methods for facility access to its Collocation space. They include: 1) fiber Entrance Facilities, 2) purchasing private line or Access Services , 3) Unbundled Network Elements, and 4) microwave Entrance Facilities. Other Entrance Facility technologies may be requested through the BFR process. 2 Collocation . Fiber Entrance Facilities. Qwest offers three (3) Fiber Collocation Entrance Facility options - Standard Fiber Entrance Facility, Cross Connect Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to Caged and Cageless Physical Collocation and Virtual Collocation. Fiber Entrance Facilities provide the connectivity between CLEC's collocated equipment within the Qwest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Qwest Wire Center where CLEC shall terminate its fiber-optic facility, except the Express Fiber Entrance Facilities. CLEC is responsible for providing its own fiber facilities to the C-POI outside Qwest's Wire Center. Qwest will extend the fiber cable from the C-POI to a Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure will then be provided by Qwest from the FDP to continue the run to CLEC's leased Collocation space (Caged or Cageless Physical Collocation) or CLEC's equipment (Virtual Collocation). The Qwest-provided facility from the C-POI to the leased Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall be considered the Collocation Fiber Entrance Facility. The preceding provisions do not apply to an Express Fiber Entrance Facility which provides that CLEC fiber will be pulled to CLEC Collocation equipment without splices or termination on an FDP. Standard Fiber Entrance Facility -- The standard fiber Entrance Facility provides fiber connectivity between CLEC'fiber facilities delivered to the C-POI and CLEC'Collocation space increments of twelve (12) fibers. CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable that consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy-two (72) fiber cable. The seventy-two (72) fiber cable shall be terminated on a Fiber Distribution Panel (FDP). A twelve (12) fiber Interconnection cable is placed between CLEC'Collocation space and the FDP. The FOP provides Qwest with test access and a connection point between the transport fiber and CLEC's Interconnection cable. 2.4.Cross Connect Fiber Entrance Facility - The cross connect fiber Entrance Facility provides fiber connectivity between CLEC's fiber facilities delivered to a C-POI and multiple locations within the Qwest Wire Center.CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable in twelve (12) fiber increments. The Qwest fiber cable consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy-two (72) fiber cable. The seventy-two (72) fiber cable terminates in a fiber distribution panel. This fiber distribution panel provides test access and flexibility for Cross Connection to a second fiber distribution panel. Fiber Interconnection cables in four (4) and twelve (12) fiber options connect the second fiber distribution panel and equipment locations in the Qwest Wire Center. This option has the ability to serve April 7, 2005/1hd/XO/Amend/ColiocationllD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT \.. multiple locations or pieces of equipment within the Qwest Wire Center. This option provides maximum flexibility in distributing fibers within the Wire Center and readily, supports Virtual and Cage less Physical Collocation and multiple CLEC locations in the office. This option also supports transitions from one (1) form of Collocation to another. Express Fiber Entrance Facility - Qwest will place CLEC- provided fiber cable from the C-POI directly to CLEC's Collocation space. The fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating requirements then a transition splice will occur in the cable vault to insure that the cable within the Qwest Wire Center meets requirements. This option will not be available if there is only one (1) conduit with two (2) unused innerducts (one (1) for emergency restoral and one for a shared entrance cable). Qwest will designate the location of the C-POI for Virtual, Caged Physical or Cageless Physical Collocation arrangements. 2.4.The Collocation Entrance Facility is assumed to be fiber optic cable and meets industry standards (GR. 20 Core). Metallic sheath cable is not considered a standard Collocation Entrance Facility. Requests for non-standard entrances will be considered through the BFR process described in the Bona Fide Request Process Section of the Agreement. All costs and Provisioning intervals for non-standard entrances will be developed on an Individual Case Basis. 2.4.Qwest shall provide an Interconnection point or points, physically accessible by both Qwest and CLEC, at which the fiber optic cable carrying CLEC' circuits can enter Qwest'Wire Center, provided that Qwest shall designate Interconnection points as close as reasonably possible to its Premises. Qwest shall offer at least two (2) such Interconnection points at each Qwest Wire Center when at least two (2) entry points pre-exist and duct space is available. Qwest will not initiate construction of a second , separate Collocation Entrance Facility solely for Collocation. Qwest requires the construction of a new Collocation Entrance Facility for its own use, then the needs of CLEC will also be taken into consideration. 2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase Qwest Tariffed or cataloged Private Line or Switched Access Services. 2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase unbundled dedicated interoffice transport. 2.4.Microwave Entrance Facilities. Qwest offers Microwave Entrance Facilities, on Premises owned or controlled by Qwest, to access CLEC transmission equipment collocated on or inside the Qwest Premises. The rooftop, duct, conduit, and riser cable space for Microwave Entrance Facilities is available on a first-come, first- served basis , where Technically Feasible. CLEC may place its microwave antenna on a Qwest owned or controlled existing tower, building, or supporting structure, where space is available, or CLEC may construct such tower or supporting structure, if necessary and April 7, 2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT if there is sufficient space and the building structure is not jeopardized. Such microwave equipment will be limited to that which is necessary for Interconnection to Qwest' network or access to Qwest's Unbundled Network Elements. 2.4.Qwest will jointly coOrdinate and plan with CLEC for the placement and location of the microwave equipment on a non-penetrating roof mount, or an existing tower or supporting structure on the exterior of a Qwest Premises. The method of placing CLEC microwave equipment shall be mutually agreed upon. Tower space or building roof space that allows for unobstructed line-of-sight will be provided by Qwest where Technically Feasible. A ,weather proof cable entry hatch or an existing wave-guide hatch or other suitable entrance into the building is required. If space is available, CLEC may use an existing cable entry hatch or a new cable entry hatch will need to be constructed. The cable entry hatch charges are on a per port used basis. 2.4.CLEC can perform the determination of line-of-sight feasibility or CLEC can request Qwest perform the line-of-sight feasibility. CLEC will submit a Microwave Entrance Facility Application for each antenna arrangement and each Qwest Premises requested. A site visit win include appropriate Qwest and CLEC personnel for the purpose of determining whether an unobstructed line-of-sight is Technically Feasible and structural analysis of the building. The site visit will take place within fifteen (15) calendar Days, or as soon thereafter as can be scheduled by the Parties, of receipt by Qwest of CLEC's Microwave Entrance Facility Application. If CLEC performs the structural analysis and line-of-sight feasibility,. it shall submit a response regarding its analysis to Qwest and Qwest will only bill for an escort fee per site requested. If either Party disputes the technical feasibility, space availability, or other conditions proposed by Qwest the Parties will promptly petition the Commission for resolution of the dispute. 2.4.If Qwest performs the feasibility analysis, a response will provided to CLEC within thirty (30) calendar Days of the site visit with the structural analysis and line-of-sight feasibility. If the site visit determines that unobstructed line-of-sight ar;1d placement of the microwave equipment are not Technically Feasible, CLEC' will be billed only for the site visit.. If the site visit determines that the placement of microwave equipment is Technically Feasible Qwest will provide a quote for the Microwave Entrance Facility with the quote for the submitted Collocation Application. If CLEC does not submit .a Collocation Application for the Premises within thirty (30) Days following the completion of the line-of-sight and structural feasibility analysis or CLEC subsequently cancels the Collocation Application , CLEC will be billed for the site visit. 2.4.9.4 CLEC must obtain all necessary variances , licenses, approvals and authorizations from governmental agencies with jurisdiction, such as use permits, building permits FCC licenses and FAA approval if required, to construct, operate and maintain CLEC'' facilities. If Qwest's assistance required in order for CLEC to obtain necessary licenses or permits, Qwest will not unreasonably withhold such assistance. CLEC will pay all expenses associated with that assistance on a time and materials basis. April?2005/lhd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT , 8.CLEC is responsible for the engineering, purchasing, supplying, installing, maintaining, repairing and servicing of its microwave specific equipment. CLEC shall provide the cable from the radio frequency (RF) equipment to the building cable entry hatch. However, CLEC is not permitted to penetrate the building exterior wall or roof. Qwest will do all building penetration and Qwest will install the coaxial cable or wave-guide/transmission facility from the cable entry hatch to CLEC's Collocation space within the interval, as set forth in Section 8.4, for the type of Collocation requested by CLEC. CLEC facilities shall not physically, electronically, or inductively interfere with the existing Qwest or other CLECs' equipment. Each transmitter individually and all transmitters collectively, for Qwest Qwest Affiliates and CLECs, at a given location shall comply with appropriate federal , state , and local regulations governing the safe levels of RF radiation. Upon expiration or termination of the Collocation arrangem~nt or the Microwave Entrance Facility, CLEC shall return the antenna space to its original condition. CLEC shall repair any damages caused by removal , of its microwave equipment, or by the use, operation or placement of its microwave equipment on the Premises. If CLEC performs the foregoing, Qwest shall impose no charges on CLEC for such work. In the event CLEC fails to remove its microwave equipment, CLEC shall be liable to Qwest for all reasonable costs of removal , restoration of the property, storage, and transportation to CLEC of such microwave equipment incurred by Qwest. Terms and Conditions - ICDF Collocation Interconnection Distribution Frame (ICDF) Collocation is available if CLEC has not obtained Caged or Cage less Physical Collocation, but requires access to Qwest's Wire Center for combining Unbundled Network Elements, Finished Services, including local Interconnection trunks, and ancillary services. ICDF Collocation provides CLEC with access to the Interconnection Distribution Frame, where Qwest will terminate the Unbundled Network Elements, Finished Services and ancillary services ordered by CLEC. CLEC may combine such services by running a jumper on the ICDF, in accordance with Section 8.3. CLEC access to the ICDF will be on the same terms and conditions described for other types of Collocation in this Section. There are multiple frames that could be used for ICDF Collocation including, but not limited to, the following: a) existing Interconnection Distribution Frame (lCDF); b) existing DSX panels for DS1 and DS3 services; c) new Interconnection Distribution Frame; d) existing toll frame; e) fiber distribution panel; and , f) existing intermediate frame. Qwest-provided combinations in accordance with the terms and conditions of the Agreement are not provided by Qwest in CLEC's ICDF Collocation space. All Qwest terminations on the Interconnection Distribution Frame will be given a frame address. Qwest will establish and maintain frame address records for Qwest terminations. Qwest will maintain assignment records for each Unbundled Network Element, Finished Service, and ancillary service ordered by CLEC that is terminated on the Interconnection Distribution Frame. Qwest will provide CLEC with the frame assignments for each Unbundled Network Element, Finished Service, and April7 2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT ancillary service terminated on the ICDF. CLEC will be required to place the jumper connection between frame addresses to connect Unbundled Loops , ancillary and Finished Services. CLEC will be required to maintain the records for CLEC-provided jumpers. 5.4 Intentionally Left Blank. Terms and Conditions - Adjacent Collocation and Adjacent Remote ColiocCition CLEC may request Adjacent Collocation and Adjacent Remote Collocation in an existing Qwest controlled environmental vault, controlled environmental hut, or similar structures on or under Qwest owned, leased or otherwise controlled property contiguous to a Qwest Premises, to the extent Technically Feasible. Adjacent Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent Remote Collocation in an existing structure shall be ordered as Remote Collocation. Alternatively, if no such structure described above exists, GLEC may choose to construct or procure a structure to place on or under Qwest owned , leased or otherwise controlled property contiguous to a Qwest Premises. Such adjacent structure shall be in accordance with Qwest's design and space planning for the site.GLEC may propose the design for the adjacent structure, subject to Qwest's approval. Qwest will review the building and property plans for the new structure within thirty (30) calendar Days. CLEC shall own such structure, subject to a reasonable ground space lease. If CLEC terminates its Adjacent Collocation space, Qwest shall have the right of first refusal to such structure under terms to be mutually agreed upon by the Parties. In the event Qwest declines to take the structure or terms cannot be agreed upon , CLEC may transfer such structure to another CLEC for use for Interconnection and or access to UNEs. Transfer to another CLEC shall be subject to Qwest's approval, which approval shall not be unreasonably withheld. If no transfer of ownership occurs, CLEC is responsible for removal of the structure and returning the property to its original condition. Qwest shall provide written authorization for use of Qwest's property to CLEC or CLEC's contractor, to the extent that Qwest owns or controls such property, to . assist CLEC in obtaining any building permits or other approvals that may be necessary to construct the facility. CLEC is responsible for construction of the structure or procurement of an existing structure. CLEC is responsible for meeting all State and municipal building and zoning requirements. As participants in utility easements and public/private rights of way arrangements, CLEC and Qwest are each responsible for insuring their respective facilities information (housing locations, cable paths, etc.) is communicated to OneCali/Blue Stakes-type entities , as appropriate. facilities. Qwest will provide power and all other Physical Collocation services and 6.4 Upon request, Qwest will evaluate all parking or other spaces outside the April 7, 2005/lhd/XO/AmendlColloc;ationllD i Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Qwest Premises on Qwest property that can be reasonably made available to CLEC for Adjacent Collocation. Qwest will retain a reasonable amount of parking space for Qwest technicians or other vehicles, including CLEC's. Space below a hoisting area will not be relinquished for Collocation space. If Physical Collocation space becomes available in a previously exhausted Qwest structure, Qwest shall not require CLEC to move, or prohibit CLEC from moving its Collocation arrangement into the Qwest structure. Instead, Qwest shall continue to allow CLEC to collocate in any adjacent controlled environmental vault controlled environmental hut, or similar structure. Terms and Conditions Remote Collocation Remote Collocation allows CLEC to collocate in a Qwest Remote Premises that is located remotely from a Qwest Wire Center building property. Such Remote Premises include controlled environmental vaults, controlled environmental huts, cabinets, pedestals and other Remote Terminals. The terms and conditions for Physical Collocation or Virtual Collocation shall apply to Remote Collocation as appropriate to the specific Remote Premises structure and subject to technical feasibility (e., Section 8.11 and Section 8. would not apply), or if appropriate, Adjacent Collocation as set forth above. Space will be offered in increments appropriate to the Remote Premises structure (Le., shelf, relay rack, etc. Terms and Conditions - Facility Connected (FC) Collocation Facility Connected (FC) Collocation provides access via an Entrance Facility if CLEC does not need to collocate equipment in the Wire Center but requires access for Interconnection or access to UNEs, ancillary services and Finished Services. CLEC will submit its order using the FC Collocation Application. FC Collocation is provided on a termination block or termination panel within the designated Wire Center. Qwest will engineer, provision, maintain and repair all services to the FC Collocation. CLEC does not have physical access to the FC Collocation. Qwest will perform the installation of services to the block or panel termination point indicated by CLEC on its orders LSRs or ASRs, based on the connecting facility assignments (CFAs) from CLEC'alternative point of termination (APOT) form. FC Collocation is available with the following configurations: Copper Entrance Facility for termination and Cross Connection to appropriate Digital Service Level 0 (DSO) and Digital Service Level 1 (DS1) UNE services. If utilized for DS 1 UNEs, CLEC must transmit a Trunk Level 1 (T1) templated signal over the copper facility. DS1 copper Entrance Facilities will be wired to a OS 1 office repeater to remove line voltage before terminating on the DSX panel. Qwest will install and charge for this line voltage isolation equipment. April 7 2005/lhd1XOI Amend/Coliocation/1 D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT Fiber Entrance Facility termination and Cross Connection. Other levels of service such as Digital Service Level 3 (DS3) or DS1 utilizing fiber are available via the Bona Fide Request (BFR).8.4 Protection for lightning or voltage is required for copper Entrance Facilities and will require protection units (Le., line voltage isolation equipment) on standard connector blocks on the distribution frame. Qwest will engineer and install thisprotection. All copper cables must come through a cable vault and have grounded/bonded sheaths. CLEC is responsible for providing an Entrance Facility to the Qwest designated Collocation Point of Interface (C-POI). All Qwest terminations on the termination frame or panel will be given a frame address. Qwest will maintain frame or panel ' address records fbr Qwest terminations. CLEC will maintain its CFA records. Terms and Conditions Common Area Splitter Collocation If CLEC elects to have Splitters installed in Qwest Wire Centers via Common Area Splitter Collocation, the Splitters will be installed in those Wire Centers in one (1) of the following locations: (a) in a relay rack as close to CLEC's DSO termination points as possible; (b) on an ICDF to the extent such a frame is available; or (c) where options (a) and (b) are not available, or, in Wire Centers with network access line counts of less than 10 000, on the COSMICTM/MDF or in some other appropriate location such as an existing Qwest relay rack or bay. In Wire Centers with access line counts greater than 10 000, when all common area Splitter bays and racks are fully utilized, space permitting, Qwest will allow CLEC to place Splitters on the COSMICTM/MDF. CLEC either may purchase Splitters or have Qwest purchase the Splitters subject to full reimbursement of the cost of the Splitters plus any pass through actual vendor invoice costs , including but not limited to taxes, shipping and handling. The Splitters must meet the requirements for Central Office equipment Collocation set by the FCC. Qwest will be responsible for installing and maintaining' the Splitters , but CLEC will lease the Splitters to Qwest at no cost. Qwest may commingle the Splitter shelves of different CLECs in a single relay rack or bay. Qwest will not be responsible for shortages of Splitters or Qwest's inability to obtain Splitters from vendors, if acting as purchasing agent on behalf of CLEC. Two (2) ITPs and four (4) tie cables will be needed to connect the Splitters to the Qwest network. One (1) ITP will carry both voice and data traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame, one (1) tie cable will carry both voice and data traffic to the Splitter. The voice and data traffic will be separated at the Splitter, and the separated voice and data traffic will be routed to the ICDF via separate tie cables (Le., the second and third tie cables). At the ICDF, the data traffic will be routed to CLEC's Collocation area via a fourth tie cable, and the voice traffic will be routed to the COSMICTM/MDF Switch termination , via a second ITP. CLEC can also elect a direct connect option pursuant to Section 8.11. April7,2005/lhd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Qwest will provide the cabling used for tie cables between the Splitter and , the ICDF. The Splitter Tie Cable Connection Charge will apply. 9.4 The Demarcation Point between Qwest's network and CLEC's network will be at the place. where the data Loop leaves the Splitter on its way to CLEC' collocated equipment, or at the ICDF, where the data port is cabled, to existing CLECCollocation tie cable. New Splitter shelves may be ordered at the same time as a new Collocation on a single Collocation Application form and a single order processing charge will apply. New Splitter shelves may be ordered with an existing Collocation by submitting a new Collocation Application and the applicable fee. Standard intervals as contained in Exhibit 8 will apply. Splitter Deployment New applications for installation of Splitters will be processed in the manner outlined in the Collocation Section for Cageless Collocation. CLEC may submit applications for additional DSO tie cable terminations and/or reclassification to support UNE or other services. Qwest will process any such applications for augmentation and/or reclassification of DSO tie cable terminations under intervals as outlined below in this Section. Augmentation intervals will be thirty (30) Days, subject to thefollowing terms and conditions identified below: The interval for reclassification will be fifteen (15) Days, \ subject to the following terms and conditions. If the requested reclassification engineering results in additional requirements for DSO tie cable terminations or tie cable support, the interval will default to thirty (30) Days. In the event CLEC, or Qwest acting as purchasing agent for CLEC, is unable to procure any equipment needed to complete all work required by applications submitted to Qwest by CLEC, including but not limited to, Splitters or cabling, Qwest will install the subject equipment when it becomes available. If Qwest is acting as purchasing agent for CLEC and is unable to procure equipment to complete all work in a timely manner, CLEC may provide Qwest with the subject equipment. CLEC will be notified by Qwest of the required material on-site date for the affected Wire Center(s) and CLEC wili have two (2) business days to determine if it will be able to provide the subject equipment in advance of the material on-site date. If CLEC does not notify Qwest in writing of its intent to provide the subject equipment within this two (2) business day period , or if the subject equipment is not provided in a timely manner Qwest will install the subject equipment when available. ApriI7 2005/lhd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT Rate Elements Rate elements for Collocation are included in Exhibit A. Rate Elements- All Collocation Qwest will recover' Collocation costs through both recurring and nonrecurring charges. The charges are determined by the scope of work t~ be performed based on the information provided' py CLEC on the Collocation Application. A quote is then developed by Qwest for the work to be performed. The following elements as specified in Exhibit A of this Amendment are used to develop a price quotation in support of Collocation: Quote Preparation Fee. A non-refundable charge for the work required to verify space and develop a price quote for the total costs to CLEC for its Collocation req uest. 1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in increments of 12 fibers) from the C-POI utilizing Qwest owned , conventional single mode type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to the leased space (for Caged or Cageless Physical Collocation). The Collocation Entrance Facility includes manhole, conduitlinnerduct, placement of conduitlinnerduct, fiber cable, fiber placement, splice case, a splice frame, fiber distribution panel, and relay rack. Charges apply per fiber pair. Express Fiber Entrance Facility does not include fiber cable, splice case, a splice frame or fiber distribution panel. Microwave Entrance Facility charges are addressed in 8.17. Cable Splicing Charge. Represents the labor and equipment to perform a subsequent splice to CLEC provided fiber optic cable after the initial installation splice. Includes per-setup and per-fiber-spliced rate elements.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC collocated equipment and is fused at one hundred twenty-five percent (1250/0) of the request. The -48 volt DC Power Usage Charge applies to the quantity of -48 volt capacity specified-by CLEC in its order on a per ampere (amp) basis. There is a one (1) amp minimum charge for -48 volt DC power usage. Optional -48 Volt DC Power Usage Charge is available for ordersof greater than sixty (60) amps. If CLEC orders Optional DC Power Measurement, Qwest will initially apply the -48 Volt DC Power Usage Charge from Exhibit A to the quantity of power ordered by CLEC. Qwest will determine the actual usage at the power board as described in Section 8.30. Qwest will adjust the monthly usage rate based upon the actual usage on a going forward basis. There is a one (1) amp minimum charge for -48 volt DC power usage. ' AC Power Feed. Recovers the cost of providing for the engineering and installation of wire, conduit and support, breakers and miscellaneous electrical equipment necessary to provide the AC power, with generator backup, to CLEC' April7 2005/1hdIXO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 space. The AC Power feed is optional. The AC Power Feed is available with single or triple phase options. The AC Power Feed is rated on a per foot and per ampere basis. Inspector Labor Charge. Provides for Qwest qualified personnel; acting as an inspector, when CLEC requires access to the C-POI after the initial installation. A call-out of an inspector after business hours is subject to a minimum charge of three (3) hours. The minimum call-out charge shall apply when no other employee is present in the location, and an 'off-shift' Qwest employee (or contract employee) is required to on-shift' on behalf of CLEC. Intentionally Left Blank. 10 Interconnection Tie Pairs (ITP) are described in the UNE Section of the Agreement, and apply for each Unbundled Network Element, ancillary service Interconnection service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element, ancillary service or Interconnection service and the Demarcation Point. 11 Collocation Terminations. Terminations are purchased by CLEC for the purpose of accessing Unbundled Network Elements. These terminations may be requested in Shared Access and Direct Connection Configurations. 11.Shared Access 11.In a Shared Access configuration , there are multiple frames that could be designated as an ICDF or an appropriate D~marcation Point including, but not limited to, the following: Existing Interconnection Distributing Frame (ICDF) Existing DSX Panels for DS 1 and DS3 services New Interconnection Distributing Frame Existing Toll Frame Fiber Distribution Panel Existing Intermediate Frame 11.The ICDF is the test access point. It would not be uncommon to find multiple service providers, including Qwest, on the ICDF at any one time. This element includes Qwest'provided' termination blocks , installation labor between CLEC collocated equipment and the appropriate cross-connect device.' Cabling is also required and may be provided by CLEC or at its request, Qwest will provide cabling atan additional charge. When Qwest provides the cabling, Collocation Block Termination rates will apply as contained in Exhibit A of this Amendment. When CLEC provides the cabling, Collocation Termination April 7 200511hd/XOI Amend/Collocation/1 D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 rates, on a per termination basis, will apply as contained in Exhibit A of this Amendment. When CLEC provides and installs the tie cables, blocks and terminations on the ICDF, no Collocation Termination rates will apply. 11.Direct Connection 11.Direct Connection provides an uninterrupted path from the Collocation space to an existing frame. This option will guarantee that there will not be an IGDF. The connection will be designed from the Collocation space to the same frame that Qwest uses to connect to that specific service. For example, if CLEC wants to connect directly from its Collocation space to a 911 router, the infrastructure for the 911 trunks will terminate in a DS1 bay location with the 911-router circuits. There are several options for the location of the Demarcation Point. CLEC will select its desired option via the Direct Connection Collocation Application. If CLEC chooses a demarcation inside the Collocation space, CLEC should order and install the termination equipment itself. Demarcation equipment must be noted on the order form so that a CLLI code and unique tie cable assignments can be generated for systems flow through. If CLEC chooses a demarcation outside its Collocation space, Qwest will maintain and inventory this device. Direct terminations may be ordered where frame space is available. If frame space is exhausted the terminations may need to be made at another frame. Upon completion of the pre-provisioning of the Direct Connection , CLEC will receive an Alternate Point of Termination (APOT) form so that it may order Finished Services and UNEs. CLEC will be responsible for augmenting terminations as required. The Direct Connection APOT information must be provided on the ASR or LSR to insure that the services are designed to the dedicated path. 11.2 CLEC's termination point will require a CLL! code (e., Frame Number) and the dedicated tie pairs will require a unique name to enable automatic assignment through TIRKSTM and SWITCHTM via Carrier Facilities Address (CFA) methods. 11.If CLEC wishes to arrange terminations on a 2-wire POTS level cross-connect device of the modular type , Le. COSMICTM Hardware, standard-engineering principles will apply. Provisioning intervals and costs will be customized and determined on an Individual Case Basis (ICB). A five (5) year forecast including terminations per quantities will be required. MELDTM runs will be required for the initial COSMICTM plan and each subsequent block addition. To minimize CLEC's cost, to the extent feasible Qwest shall consolidate CLEC' requirements with the requirements of Qwest and other CLECs into a single MELDTM run whenever feasible. Costs of such consolidated MELDTM runs shall ' be prorated among the parties, including Qwest. Minimum installation requires at least one (1) block for every two (2) outside plant modules. A one-half (Y2) shelf of block capacity must be April7 2005/1hdIXO/Amend/Coilocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT reserved for future block space. 11.2.4 Requests for terminations at a DSO, DS1 , DS3 and optical level (non-POTS) may also be made directly to the respective frame or panel (Le., toll frame, DSX, FDP, etc.). Direct Connections to these frames do not require MELDTM runs and short jumper engineering principals, as with the COSMICTM frame. However these connections will require coordination between Qwest and CLEC to ensure that the cable is terminated in an existing frame with the service that CLEC is wishing to connect with. . Direct Connection is ordered via the supplemental Collocation order form , Direct Connection (DC-POT). Timing, pricing and feasibility will be determined on the basis of a specific, in-depth building analysis. Direct Connections are available where available frame space permits. If frame space is exhausted , terminations may need to be made at another frame. Space availability will be determined during the feasibility request phase of the order. Rates for Direct Connection Terminations will be on an ICB basis using rates defined in ExhibitA. 11.Terminations must be purchased in the following increments: DSO in blocks of 100; DS 1 in increments of one (1); and DS3 in increments of one (1) coaxial cable or fiber pair.12 Security Charge. This charge applies to the keys/card and card readers required for CLEC access to the Qwest Premises for the purpose of Collocation. There . are two monthly recurring rate elements associated with Security Access. The first rate element is per access card, per CLEC employee, per month. The second rate element is the number of card accessible premises, per CLEC employee, per month, as included in Exhibit A to this Amendment. 13 Composite Clock/Central Office Synchronization. Recovers the cost of providing composite clock and/or DS 1 synchronization signals traceable to a stratum one source. CLEC must determine the synchronization requirements for CLEC' equipment and notify Qwest of these requirements when ordering the clock signals. Central Office Synchronization is required for Virtual Collocation involving digital services or connections. Synchronization may be required for analog services. Central Office Synchronization is available where Qwest Central Offices are equipped with Building Integrated Timing Supply (BITS). The rate is applied on a per Port basis accordance with Exhibit A. 14 -48 Volt DC Power Cable Charge. Provides for the transmission of - volt DC power to the collocated equipment and is fused at one hundred twenty-five percent (125010) of request. It includes engineering, furnishing and installing the main distribution bay power breaker, associated power cable, cable rack and local power bay to the closest power distribution bay. It also includes the power cable (feeders) A and 8 from the local power distribution bay to the leased physical space (for Caged or Cage less Physical Collocation) or to the collocated equipment (for Virtual Collocation). It is charged per foot, per A and B feeder. Space Availability Report Charge - Recovers the cost of preparing a April7 2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language IT ACHMENT Space Availability Report in accordance with Section 8. 16 CLEC-to-CLEC Connection Charge. Recovers the cost of order processing, design and engineering. Additional charges will be assessed for Virtual Collocation connections and cable holes, if applicable. There will be recurring chargesfor cable racking. 17 Microwave Entrance Facility - The charges for Microwave Entrance Facility include the recurring and nonrecurring charges associated with preliminary rooftop engineering and survey analysis, Premises structural analysis and line of sight feasibility, if performed by Qwest; space rental for the rooftop and existing antenna support structure, cable racking, cable, building penetration for cable entry, and other work as required.18 Joint Testing Charges: The charges for Joint Testing are nonrecurring. It is a minimum of one (1) hour per Joint Testing request at the Virtual Collocation maintenance rate, specified in Exhibit A, and a per half-hour charge at the same rate for any time exceeding the one (1) hour. Qwest will not charge for the Joint Testing based on the Joint Testing Qwest-caused error rate as described in Section 8.31.19 DC Power Reduction and Restoration Rates: CLEC will be charged the applicable nonrecurring Quote Preparation Fee (QPF) or Engineering and Design Fee perform the engineering and planning work to process the DC Power Reduction or DC Power Restoration request per Collocation space. Nonrecurring charges associated with the work required to reduce the fuse or breaker size, rewiring the power lead at the power source or relocation of the power feed will be on an 1GB basis. When power is restored , nonrecurring charges will be assessed on an 1GB basis for the work required to restore the power utilizing standard power rate elements for power usage, labor and cabling charges. A recurring Power Maintenance Charge is associated with the option to hold the power infrastructure for a secondary feed for potential future use by CLEC. The recurring charge will terminate on the date a restoration job completes for the power feed or CLEC returns the fuse position to Qwest.20 Collocation Available Inventory Charges. For standard Qwest Postings of Collocation Available Inventory, CLEC will be charged the standard Collocation rates, , including the applicable QPF or Engineering and Planning Fee. CLEC will also be charged for removal of terminations. For Special Sites, assuming CLEC will be charged a Special Site Assessment Fee instead of the standard QPF, unless CLEC requests an augment to the existing site in its initial Collocation Application, then the standard approved QPF will be charged as defined in Exhibit A. CLEC ordering a Special Site, in addition to the standard Collocation rates, will also be charged a nonrecurring Network Systems Administration Fee for the systems and record updates required to transfer the Collocation Site to assuming CLEC and , if a site survey is requested by CLEC, a Site Survey Fee. Any CLEC equipment left in the site will be transferred to assuming CLEC at no charge. Recurring charges for all products and services will be charged at rates listed in assuming CLEC Interconnection Agreement without a discount. April 7 2005/1hd/XOI Amend/Coliocation/1 D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT Rate Elements - Virtual Collocation The following rate elements , as specified in Exhibit A, apply uniquely to Virtual Collocation. Maintenance Labor. Provides for the labor necessary for repair of out of service and/or service-affecting conditions and preventative maintenance of CLEC virtually collocated equipment. CLEC is responsible for ordering maintenance spares. Qwest will perform maintenance and/or repair work upon receipt of the replacement maintenance spare and/or equipment from CLEC. A call-out of a maintenance technician after business hours is subject to a minimum charge of three (3) hours. Training Labor. Provides for the training of Qwest personnel on a metropolitan service area basis provided by the vendor of CLEC's virtually collocated equipment when that equipment is different from Qwest-provided equipment. Qwest will require three (3) Qwest employees to be trained per metropolitan service area in which CLEC'virtually collocated equipment is located. If, by an act of Qwest, trained employees are relocated , retired, or are no longer available, Qwest will not require CLEC to provide training for additional Qwest employees for the same virtually collocated equipment in the same metropolitan area. Where more than one (1) CLEC in the same metropolitan area selects the same virtually collocated, equipment, the training costs shall be prorated to each according to the number of CLECs so selecting. Equipment Bay. Provides mounting space for CLEC virtually collocated equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary environmental supports. Mounting space on the bay, including space for the fuse panel and air gaps necessary for heat dissipation , is limited to 78 inches. The monthly rate is applied per shelf. CLEC may request use of alternate bay heights of 9 foot and 11 foot 6 inches, which will be considered on an Individual Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own equipment bay.2.4 Engineering Labor. Provides the planning and engineering of CLEC virtually collocated equipment at the time of installation, change or removal. Installation Labor. Provides for the installation change or removal of CLEC virtually collocated equipment. Floor Space Lease. Required for Virtual Collocation only in the instance where CLEC provides its own equipment bay. This rate element provides the monthly lease for the space occupied by CLEC-provided equipment bay, including property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls, filters, fire and life systems and alarms, mechanical systems, standard HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Qwest Premises areas surrounding CLEC-provided equipment bay and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of GLEe-provided equipment bay. April7,2005/1hd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT Rate Elements - Physical Collocation Space Construction and Site Preparation. Includes the material and labor to construct and prepare the space, including all support structure, cable racking and lighting required to set up the space,. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed 2 watts per square foot), and convenience outlets (3 per Caged or Cage less Collocation or number required by building code) and the cost associated with space engineering. If a new line-up is established for Cageless Collocation , an AC power outlet will be provided at every other bay in the line-up. Cageless bays placed in existing line-ups will use the existing outlets. For Caged Collocation , it includes a nine (9) foot high cage enclosure. CLEC may choose from Qwest approved contractors or may use another vendor of CLEC's own choosing, . subject to Qwest's approval, which may not be unreasonably withheld, to construct the space, including the cage in the case of Caged Collocation, in accordance with NEBS Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is described in Exhibit A. In the case of Shared Collocation, Qwest may not increase the cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning such a cage of similar dimensions and material to a single collocating party, and Qwest must prorate the charge for site conditioning and preparation by determining the total charge for site preparation and allocating that charge to CLEC based on the percentage of the total space used by CLEC. Qwest must in all cases of Shared space Collocation allocate space preparation , conditioning, security measures and other Collocation charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage of the total overall space preparation and conditioning expenses do not exceed the percentage of the total Collocation space used by CLEC. Floor Space Lease. Provides the monthly lease for the leased physical space, property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls, filters, fire and life systems .. and alarms mechanical systems, standard HV AC); a pro-rata share of biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Qwest Premises common areas surrounding the leased physical space and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of the cage enclosure, as applicable. Intentionally Left Blank.3.4 Collocation Grounding Charge. Used to connect the Premises common ground to CLEC equipment. Recurring and nonrecurring charges are assessed per foot to CLEC's equipment. Rate Elements - ICDF Collocation 3.4.The charges for ICDF Collocation are the nonrecurring and recurring charges associated with the, Unbundled Network Elements or ancillary services ordered by CLEC, the cost of extending the Unbundled Network Elements or ancillary services to April 7, 2005/lhdIXO/ Amend/Collocation/1 D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 the Demarcation Point, which are recovered through the ITP charges described in the UNE Section, and the Security charge, described in this Section. Rate Elements - Adjacent Collocation The charges for Adjacent Collocation will be developed on an Individual Case Basis, except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined; depending on the specific needs of CLEC and the unique nature of the available adjacent space (e., existing structure or new structure to be constructed). Rate Elements - Remote Collocation and Adjacent Remote Collocation The charges for Remote Collocation will be developed on an Individual Case Basis except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined. Rate Elements - CLEC-to-CLEC Connections 16. The charges for CLEC-to-CLEC Connections are addressed in Section Rate Elements - Facility Connected (FC) Collocation -8.Rate elements for Facility Connected (FC) Collocation include: QPF or Planning and' Engineering; copper entrance facility; fiber entrance facility; termination block with gas protectors; termination panel; and DS1 - voltage isolation. Charges associated with these rate elements are specified in Exhibit A of this Amendment. These rate elements and their associated charges are used to develop a price quotation for FC Collocation based on CLEC's FC Collocation Application and the type of Entrance Facility requested. Rate Elements - Splitter Collocation Tie Cable Reclassification Charge - A nonrecurring charge will apply, based on time and materials for reclassification of existing tie cable capacity, by among other things , reclassification of existing tie cables, frame re-stenciling, and any other work performed between CLEC's Collocation and the Interconnection Distribution Frame (ICDF) required to provision UNEs and other services. Trouble Isolation Charge - A nonrecurring charge for trouble isolation will be applied in accordance with the Trouble Isolation Section of the Agreement. Additional Testing - CLEC may request Qwest to perform additional testing, and Qwest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge will apply in accordance with Exhibit A.9.4 Splitter Shelf Charge - This charge recovers installation and ongoing maintenance associated with Splitter installation, bay installation, lighting costs, aerial April7 2005/lhd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT support structures and grounding charge for Splitters either in a bay, on the ICDF, or on the MDF/COSMICTM These are both recurring and nonrecurring charges. Splitter Charge - A nonrecurring charge will apply for the cost of each Splitter purchased by Qwest on behalf of CLEC. This charge will cover the cost of the Splitter, plus any associated costs incurred by Qwest to order the Splitter. Engineering - nonrecurring charge will apply for the planning and engineering associated with placing Splitters in the Central Office , either ina bay, on the ICDF, or on the MDF/COSMICTM Splitter Tie Cable Connections Charge - A nonrecurring charge will apply for the cost of each tie cable connected to the Splitters in three (3) different configurations: common area; Collocation space; and Main Distribution Frame. This . charge will cover both the tie cables and associated blocks per one hundred (100) pair between the Splitter and the ICDF or Splitter bay. 9~8 The rates for each of the aforementioned split services rate elements areset forth in Exhibit A to this Amendment. Ordering Ordering - All Collocation 8.4.CLEC must complete the requirements in the Implementation Schedule Section of the Agreement before submitting a Collocation Application Form to Qwest. 8.4.Nothing in this Amendment shall be construed to preclude GLEC from submitting an order for Collocation prior to CLEC's execution of this Amendment. If, however, the Collocation interval is completed before this Amendment or another interconnection agreement becomes effective, the rates, terms, and conditions of this Amendment shall apply to such Collocation. 8.4.Any material changes , modifications or additional engineering (Material Changes) requested by CLEC, subsequent to its original Collocation order, as to the type and quantity of equipment or other aspects of the original Collocation order, must be submitted with a revised Collocation Application. For purposes of this section Material Changes are changes that would significantly impair Qwest's ability to provision the requested Collocation within the applicable intervals if the changes are provisioned with the original Collocation order and would require Qwest to incur financial penalties under the terms of this Amendment or other Applicable Law. Qwest shall determine the additional time required to comply with CLEC's request for Material Changes (Additional Time), and CLEC shall have the option of (a) having the request for Material Changes implemented with the original Collocation order (within the original Provisioning intervals) as extended by the Additional Time; or (b) having Qwest process and provision the request as a subsequent construction activity or augmentation to the original Collocation order. Any nonmaterial changes, modifications, or additional engineering requested by CLEC, subsequent to its original Collocation order, may be submitted with a revised April7 2005/1hd/XO/Amend/CoilocationllD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Collocation Application or otherwise communicated to Qwest and shall be implemented with the original Collocation order within the original applicable intervals. 8.4.There are. three (3) primary steps in the ordering of Collocation .... 1) \ Forecasting, 2) Application, and 3) Acceptance of Quote. 8.4.CLEC shall submit an annual forecast, updated at the end of each quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed by CLEC and the Qwest account team. CLEC's forecast shall be considered accurate for purposes of Collocation intervals if the subsequent Collocation Application correctly identifies a) and e) below, and b) and c) below are within twenty percent (200/0) of the forecast. If at the time the Collocation Application is made ttle forecasted type of Collocation is not available, CLEC may specify a different type of Collocation without affecting the Collocation intervals. The forecast shall include, for each Qwest Premises,the following: Identification of the Qwest Premises; b) Floor space requirements, including the number of bays for a Cageless Collocation arrangement; Power requirements; Heat Dissipation (optional);e) Type of Collocation (e., Caged Physical, Cageless Physical, Shared ICDF, Virtual , etc. ); Intentionally Left Blank. Entrance Facility Type (e., Express Fiber, Private Line); Type and Quantity of Terminations (optional); andi) Month or Quarter, during or after which CLEC expects to submit its Collocation Application. The following terms shall apply to the forecasting process: CLEC forecasts sha.ll be provided as detailed in Section 8.4.1.4; b) CLEC forecasts shall be Confidential Information and Qwest may not distribute, disclose or reveal, in any form, CLEC forecasts other than as allowed and described in the Nondisclosure Section of the Agreement. 8.4.CLEC shall submit a Collocation Application to order Collocation at a particular Qwest Premises. A Collocation Application shall be considered complete, if itcontains: April7,2005/1hd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 .. Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Identification of the Qwest Premises;b) Floor space requirements, including the number of bays for ~ -Cageless Collocation arrangement; Power requirements; Heat dissipation;e) Type of Collocation (e.g., Caged Physical, Cageless Physical , Shared Virtual, etc.f) Collocated equipment and technical equipment specifications (manufacturer make, model no., functionality i.e., cross connect, DLC, DSLAM transmission, Switch , etc., physical dimensions, quantity). (NOTE: Packet or circuit switching equipment requires, in writing and attached to the Collocation, Application, how this equipment is necessary for access to UNEs Interconnection. A high level equipment interface or connectivity schematic for the equipment should also be included. Entrance Facility type; Type and quantity of terminations;i) If desired, an alternate form of Collocation if the first choice is not available; and Billing contact. Parties will work cooperatively to ensure the accuracy of the Collocation Application. If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days after receipt of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 6 ' Acceptance - After receipt of a Collocation Quote Form from Qwest CLEC shall formally accept the quote in order for Qwest to continue the processing of the Collocation Application... A Collocation Acceptance shall be considered complete, if it contains: Signed Notification of Acceptance; and Payment of fifty percent (500/0) of quoted charges. Collocation Space Reservation - allows CLEC to reserve space and April 7, 2005/1hd/XOI Amend/Coliocation/1 D Amendment to CDS-020 124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 identify, to the extent available, infrastructure incidental to that space such as power and HVAC, in a Qwest Premises for up to one (1) year for transmission equipment (ATM, Packet Switching, DSLAM), three (3) years for circuit switching equipment, and five (5) years for power equipment. CLEC may reserve space in a particular Qwest Premises through the .collocation Space Reservation Application Form. Requests for contiguous space will be honored, if available. Collocation Space Reservation Application -- Upon receipt of the Collocation Space Reservation Application Form Qwest will provide space feasibility within ten (10) calendar Days. Collocation Space Reservation Quotation - If space is available Qwest will provide a specific price quote based on the, requested Collocation requirements described on the Collocation Space Reservation Application Form. The quote and a Billing invoice for twenty-five percent (250/0) payment of nonrecurring charges will be sent to CLEC within twenty-five (25) calendar Days from the Collocation Space Reservation Application receipt. 8.4.Collocation Space Reservation Acceptance. CLEC must electronically submit Acceptance or non-Acceptance of the quote within seven (7) calendar Days of receipt of the quotation. If CLEC submits the Acceptance between eight (8) and thirty (30) calendar Days of receipt of the quotation Qwest will honor the reservation upon. receipt of the payment only if Qwest does not receive a competing request for the same space from another CLEC. Qwest will not honor reservations if CLEC submits the Acceptance more than thirty (30) calendar Days after receipt of the quotation. 8.4.Upon receipt of the twenty-five percent (250/0) payment, Qwest will reserve the space on behalf of CLEC in accordance with the Collocation Space Reservation Application and take the necessary steps to ensure the availability of power, HV AC and other components reflected on the Collocation Space Reservation Application. Qwest will hold the reservation for the applicable reservation period after the twenty-five percent (250/0) payment. This payment will be applied to the subsequent Collocation Application. 8.4.7.4 CLEC may cancel the reservation at any time. during the applicable reservation period. Upon notification of the cancellation, Qwest will refund a prorated portion of the twenty-five percent (25010), payment as follows: a) Cancellation notification within ninety (90) calendar Days from receipt of wire transfer, seventy-five percent (750/0) of the initial down payment will be returned to CLEC. b) Cancellation notification within ninety-one (91) and one hundred and eighty (180) calendar Days from receipt of wire transfer, fifty percent (500/0) of the initial down payment will be returned to CLEC. c) Cancellation notification within one hundred and eighty-one (181) and April7 2005/lhd/XO/Amend/CollocationIlD Amend ment to CDS-020 124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT two hundred and seventy (270) calendar Days from receipt of wire transfer, twenty-five percent (250/0) of the initial down payment will be returned to CLEC. d) Cancellation notification after two hundred and seventy (270) calendar Days from receipt of wire transfer, zero percent (00/0) of the initial down payment will be returned to CLEC., 8.4.8 Collocation Space Option 1 CLEC Qwest and Qwest Affiliates may option space in Qwest Wire Center Premises in accordance with the terms of this Section 8.4.8 for the following equipment and time periods: Transmission equipment - one (1) year Circuit switching equipment - three (3) years Power plants - five (5) years Optioned space is offered to CLECs for Caged, Cageless, and Virtual Collocation. To promote fairness' and prevent warehousing, the following limits apply:a) The Party requesting the option may specify the amount of space to be optioned but not a specific location within the Wire Center. CLEC may also request space be contiguous to its existing Collocation space.b) A requesting CLEC may option one (1) Collocation space per Wire Center.c) The maximum amount of space per Wire Center to be Optioned is: - 200 square feet for Caged Collocation - 4 bays for Cageless and Virtual Collocation 8.4.The Collocation, Space Option Application form will be processed upon receipt of a properly completed request. Such form shall be considered properly completed if it contains identifying information of CLEC , the applicable Qwest Premises, the amount of Collocation space sought, the type of Collocation (Caged, Cageless , Virtual) and the type of equipment (from the categories identified in Section 8.4.1) for which the option is being sought. CLEC must have met all past and present undisputed financial obligations to Qwest. Upon receipt of the Collocation Space Option Application form , Qwest will confirm in writing, within ten (10) calendar Days , the availability of, and price quote (the "Option Fee April7 2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT for the Optioned space. If space is not available, Qwest will deny the request. 8.4.8.4 CLEC must submit Acceptance with full payment of the nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the quoted Option Fee, within seven (7) calendar Days of receipt of the quotation. When Qwest takes an option on space for itself, Qwest shall impute an amount equal to the Option Fee to the appropriate operations for which the optioned space applies. The option quote expires seven (7) calendar Days after delivery to CLEC. 8.4.Upon receipt of Acceptance and full payment of the nonrecurring portion of the Option Fee, Qwest will option the space on behalf of CLEC including the contiguous space requests if available (or itself if appropriate) and the option time frame will begin. The prioritization of optioning will be based upon the date and time of the Acceptance. The earlier in time an Acceptance is received by Qwest, the higher in priority is such option. The option is limited to space only and does not include other elements required to provision the Collocation. 8.4.In order for an option request to avoid expiration, CLEC must:a) Submit a Collocation Application during the option time frame; or b) The option .may be renewed if a Collocation Space Option Application is received at least ten (10) calendar Days prior to the expiration of the term of the existing option. The priority of a renewed option is determined by the date CLEC accepts the quote from Qwest on CLECis renewal application. 8.4.First Right of Refusal - If Qwest receives a valid Collocation Application (CLEC A is the requesting party) for a Qwest Wire Center in which all available space has been occupied or optioned, the following provisions for First Right of Refusal will apply: All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.11 and 8.12). addition, Qwest will provide CLEC A with option space information (e., Caged and Cageless optioned space) that may fulfill the requirements of CLEC A's Collocation Application. At CLEC A' request, Qwest will initiate the option enforcement notice process by notifying the option party or parties with the most recent space option(s) that meets the requirements of CLEC A's Collocation Application. The option enforcement notice serves as notification to the option party that Qwest is in possession of a valid Collocation Application, and calls for the option party to exercise April 7, 2005/1hd/XO/Amend/Coilocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 its Right of First Refusal, or relinquish its space option. The option party may exercise its Right of First Refusal by submitting either a Collocation Application as ' set forth in Section 8.4., or by submitting the Collocation Space Reservation Application set forth in Section 8.4., within ten (10) calendar Days of receipt of the option enforcement notice. This process continues for all optioned space until all optioned space is exercised or optioned space is , relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.Where contiguous space has been optioned, Qwest will make its best effort to notify GLEC if Qwest, its Affiliates or other CLECs require the use of CLEC's contiguous space. Upon notification, CLEC will have severity-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space option or continue without the contiguous provision. 7.4 The rate elements for the Collocation Space Option are comprised of the following:a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process.b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month. 8.4.In the event that the option party proceeds with a Collocation Application for optioned space, all payments made pursuant to Section 8.4.7.4(b) above shall be applied to such Collocation Application. 8.4.The intervals for Virtual Collocation (Section 8.2), Physical Collocation (Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5) Collocation Applications per CLEC per week per state. If six (6) or more Collocation Applications are submitted by CLEC in a one (1) week period in the state, intervals shall be individually negotiated. Qwest shall , however, accept more than five (5) Collocation Applications from CLEC per week per state, depending on the volume of Collocation Applications pending from other CLECs. Ordering - Virtual Collocation 8.4.Application -- Upon receipt of a complete Collocation Application as April7,2005/1hd/XO/Amend/Coilocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT described in Section 8.Qwest will perform a feasibility study to determine if adequate space, power and HVAC can be found for the placement of CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) calendar Days of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related ,facilities. 8.4.If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation - If Collocation Entrance Facilities and space are available, Qwest will develop a price quotation within twenty-five (25) calendar Days of completion of the feasibility study. Subsequent requests to augment an existing Collocation also require receipt of a Collocation Application. Adding plug-ins, e., DS1 or DS3 cards to existing virtually collocated equipment, will be processed and provisioned within ten (10) business days. Virtual Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. Acceptance -- Upon receipt of complete Collocation Acceptance, as described in 8.4., space will be reserved and construction by Qwest will begin. 8.4.interval - The interval for Virtual Collocation shall vary depending upon four (4) factors: 1) whether the request was forecasted in accordance with Section 8.4.4 or the space was reserved, in accordance with Section 8.4.7; 2) whether CLEC provides its Acceptance within seven (7) calendar Days receipt of the quotation; 3) whether CLEC delivers its collocated equipment to Qwest in a timely manner, which shall mean within fifty-three (53) calendar Days of the receipt of the complete Collocation Application; and 4) whether the Collocation Application requires major infrastructure additions or modifications: The installation of line cards and other minor modifications shall be performed by Qwest on shorter intervals and in no instance shall any such interval exceed thirty (30) calendar Days. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. Forecasted Applications with Timely Acceptance If a Collocation Application is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation , and if air of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete its installation of the Collocation arrangement within ninety (90) cal,endar Days of -the receipt of the complete Collocation April7,2005/1hd/XO/Amend/Coliocation/iD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Application. If GLEC's equipment is not delivered to Qwest within fifty~three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within forty-five (45) calendar Days of the receipt of all of CLEC's equipment. 8.4.2.4.Forecasted Applications with Late Acceptance If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete the Collocation installation within forty-five (45) calendar Days of the receipt of all of CLEC' equipment. If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation , the Collocation Application . shall be resubmitted by CLEC. 4~2.4.Unforecasted Applications with Timely Acceptance If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application , and if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete Collocation Application. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within seventy-five (75) calendar Days of the receipt of all of CLEC's equipment. 8.4.2.4.4 Unforecasted Applications with Late Acceptance -If a Premises is . not included in CLEC'forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation , and if all of CLEC' equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete the Collocation installation within seventy-five (75) calendar Days of the receipt of all of CLEC's equipment. 8.4.2.4.Intervals for Major Infrastructure Modifications Where No Forecast April7 2005/lhd/XO/Amend/Collocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC'specific requirements. Major infrastructure modifications that may be required include conditioning space, permits, DC power plant, standby generators, heating, venting or air conditioning equipment. The installation intervals in Sections 2.4.3 through 8.4.4.4 may be extended, if required, to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred and fifty (150) calendar Days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for and the duration of, an extended interval, in which case Qwest must request waiver from the Commission to obtain an extended interval. 2.4.Major Infrastructure Modifications where GLEC Forecasts its Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.1 and 8.4.2.4. when CLEC submits a Collocation Application. If not withstanding these efforts Qwest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval , Qwest may seek a waiver from the Commission to obtainan extended interval. Ordering - Caged and Cageless Physical Collocation 8.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.5 Qwest will perform a feasibility study to determine if adequate space, power, and HVAC can be found for the placement and operation of CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cur~ each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation -- If Collocation Entrance Facilities and space are available, Qwest will develop a quote for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) calendar Days of providing the feasibility study. , Physical Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the Collocation Entrance Facility and April 7, 2005/lhd/XO/Amend/Collocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.6 space will be reserved and construction by Qwest will begin. 8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon three factors 1)- whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved, in accordance with Section 8.4.7; 2) whether CLEC provides its Acceptance within seven (7) calendar days of receipt of the quotation; and 3) whether the Application requires major infrastructure additions or modifications. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. . . 8.4.3.4.Forecasted Applications with Timely Acceptance If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the application, and, if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Application. 8.4.Forecasted Applications with .Late Acceptance If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation , a new Collocation Application shall be resubmitted by CLEC. 3.4.Unforecasted Applications with Timely Acceptance If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application and if CLEC provides a complete Acceptance within seven (7) calendar Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete Collocation Application. 8.4.4.4 Unforecasted Applications with Late Acceptance If a Premises is not included in CLEC'forecast at least sixty (60) calendar Days prior to submission of the Collocation Application and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete Collocation Acceptance. 8.4.Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to April7 2005/lhd/XO/Amend/Coliocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT complete major infrastructure modifications to accommodate CLEC'specific requirements. Major infrastructure modifications that may be required include conditioning space, permits DC power plant, standby generators, heating, venting or air conditioning equipment. The installation intervals in Sections 3.4.3 through 8.4.3.4.4 may be extended, if required, to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required, Qwest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred and fifty (150) calendar Days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended interval. 8.4.3.4.Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4. when CLEC submits a Collocation Application. If not withstanding these efforts Qwest is unable to meet the interv~1 and cannot reach agreement with CLEC for an extended interval, Qwest may seek a waiver from the Commission to obtain an extended interval. Ordering - Interconnection Distribution Frame (ICDF) Collocation 8.4.4.Application -- Upon receipt of a complete Collocation Application as described in ,Section 8.4.Qwest will perform a feasibility study to determine if adequate space can be found for the placement and operation of CLEC's terminations within the Wire Center. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. CLEC may submit an ICDF forecast in accordance with Section 8.4.1.4. The forecast shall include demand by DSO, DS1 and DS3 capacities that will be terminated on the Interconnection Distribution Frame by Qwest on behalf of CLEC. Such forecasts shall be used by Qwest to determine the sizing of required tie cables and the terminations on each Interconnection Distribution Frame as well as the various other frames within the Qwest Wire Center. 4.4.If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.4.Quotation -- If space is available Qwest will develop a quote for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) calendar Days of providing the feasibility study. ICDF Collocation price quotes will be April 7, 2005/lhd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; IdahC? SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 honored for thirty (30) calendar Days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.6, space will be reserved and construction by Qwest willbegi~. . 8.4.4.Interval - The interval for ICDF Collocation shall vary depending upon two (2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the space was reserved , in accordance with Section 8.4.1 and 2) whether CLEC provides its Acceptance within seven (7) calendar Days of the quotation. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 4.4.Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if GLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation Qwest shall complete its installation of the Collocation arrangement within forty- five (45) calendar Days of the receipt of the complete Collocation Application. 8.4.4.4.Forecasted Applications with Late Acceptance If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within forty-five (45) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) days after receipt of the Qwest quotation, the Collocation Application shall be resubmitted by CLEC. 8.4.4.4.Unforecasted Applications with Timely Acceptance If a Premises is not included in CLEC'forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) calendar Days after receipt of the QWest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Application. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Qwest must request a waiver from the Commission. 8.4.4.4.Unforecasted Applications with Late Acceptance If a Premises is not included in GLEC's forecast at least sixty (60) calendar Days prior to submission, of the Collocation Application and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the C01l0cation arrangement within ninety (90)calendar Days of the April 7 2005/1hdIXOI Amend/Coliocation/1 D Amendment to CDS-O20124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT receipt of the complete Collocation Acceptance. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Qwest must request a waiver fromthe Commission. Ordering - Adjacent Collocation 8.4.If space for Physical Collocation in a particular Qwest Premises is not available at the time of CLEC's request CLEC may request Qwest to conduct a feasibility study for Adjacent Collocation for that Premises site. Qwest recommends that Qwest and CLEC conduct a joint site visit of such Premises to determine if suitable arrangements can be provided on Qwest's property. Qwest will make available, within ten (10) business days, drawings of the Qwest physical structures above and below ground for the requested Adjacent Collocation site. 8.4.If a new structure is to be constructed , the interval shall be developed on an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW), if required, the provision of Collocation services by Qwest, in accordance with CLEC' Collocation Application , and the construction by CLEC of the adjacent structure. If CLEC disputes the interval proposed by Qwest Qwest must promptly petition the Commission for approval of such disputed interval. 8.4.I If Adjacent Collocation is provided within an existing Qwest Premises, the ordering procedures and intervals for Physical Collocation shall apply. Ordering - Remote Collocation and Adjacent Remote Collocation 8.4.The ordering procedures and intervals for Physical Collocation or Virtual Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.4. Remote Collocation and Adjacent Remote Collocation are ordered using the Remote Collocation Application Form. 8.4.If space for Physical Collocation or Virtual Collocation in a particular Qwest Remote Premises is not available at the time of CLEC's request, CLEC may order Adjacent Remote Collocation using the ordering procedures described above for Adjacent Collocation in Sections 8.4.1 and 8.4. . 8.Ordering - CLEC to CLEC Connections 8.4.Application -- Upon receipt of the applicable portions of , a complete Collocation Application as described in Section 8.4.5 (Subsections a, e , h and D. Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of CLEC's copper, coax, or fiber optic cable, or any other Technically Feasible method used to interconnect CLEC's collocated equipment that is in separate locations in the same Qwest Premises, or to another CLEC's equipment in the same Premises. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Collocation Application. April7,2005/lhd/XO/Amend/Collocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 8.4.If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit th Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation -- If existing cable racking is available, Qwest will provide CLEC with a quote and the specific cable rack route to CLEC with the feasibility study. additional cable racking is required to accommodate CLEC's request Qwest shall provide a feasibility and quote to CLEC no later than ten (10) calendar Days of receipt of Collocation Application. CLEC-to-CLEC Connection quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC Connections: 1 CLEC-to-CLEC connections with existing cable rack. - CLEC must submit payment of one hundred percent (1000/0) of the quoted nonrecurring charges with its Acceptance. Upon receipt of a complete Collocation Acceptance, CLEC may begin placement of its copper, coax, or fiber cables along the Qwest designated cable rack route. Recurring charges will begin with CLEC Acceptance. 8.4.2 CLEC-to-CLEC Connections using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 8.4.6, Qwest will begin construction of the new cable rack. 8.4.7.4 Interval - Pursuant to Section 8.4., the construction interval for CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall be within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation, the Collocation Application shall be resubmitted by GLEe. Ordering - Direct Connections 8.4.Application - Where Direct Connection is requested in a Wire Center where CLEC already has established Collocation, upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.5 (Subsections a, e hand j), Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of copper, coax, or fiber optic cable, or any other Technically Feasible method, used for Direct Connection (as described in Section 8.11.2). The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Collocation Application. If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar April7 2005/lhd/XO/Amend/Coliocation/lD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies' in its Collocation Application and resubmit the Collocation' Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation - If existing cable racking is available, Qwest will provide CLEC with a quote and the specific cable rack route with the feasibility study. additional cable racking is required to accommodate CLEC's request Qwest shall provide a quote to CLEC no later than ten (10) calendar Days after receipt of a complete Collocation Application. Direct Connection quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4. Connection: Acceptance - There are two (2) forms of Acceptance for Direct 8.4.Direct Connection with existing cable rack. CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its acceptance notification. Direct Connection using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 8., Qwest will begin construction of the new cable rack. 8.4.8.4 Interval - The construction interval for Direct Connections shall be dependent upon whether the Direct Connection is to the COSMICTM frame requiring a MELDTM and or if new cable racking is required. 8.4.If CLEC provides a complete Acceptance within thirty (30) calendar Days of receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Direct Connection above the DSO level where no new cable racking is required within thirty (30) calendar Days of the receipt of the complete Collocation Acceptance. If Direct Connection is required at the DSO level, to the COSMICTM, or if new cable racking needs to be installed, Qwest will provision the direct trunking within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance. Ordering - Facility Connected (FC) Collocation 8.4.Application - Upon receipt of a complete Collocation Application as described in Section 8., Qwest will perform a feasibility study. The.feasibility study will be provided within ten (10) calendar Days of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar April 7, 2005/lhd/XO/Amend/Coliocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT 1 Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its plate in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation - If Collocation Entrance Facilities and space are available Qwest will develop a price quotation within twenty-five (25) calendar Days of providing the feasibility study. Facility Connected Collocation price quotes will be' honored for thirty (30) calendar Days from the date the quote is provided. During this period, the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance - Upon receipt of a complete Collocation Acceptance, as described in Section 8.4., space will be reserved and construction by Qwest will begin. 8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on two (2) factors 1) whether CLEC provides its Acceptance within seven (7) calendar Days of receipt of the quotation; and 2) whether CLEC delivers its Entrance Facility to Qwest's C-POI in a timely manner, which shall mean within fifty-three (53) calendar Days of the receipt of the complete Collocation Application. Qwest will provide FC Collocation ninety (90) calendar Days from receipt of a complete Collocation Application with timely Acceptance of the quote by CLEC. With late Acceptance of the quote by CLEC, Qwest will provide FC Collocation ninety (90) calendar Days from Acceptance. CLEC must have its Entrance Facility at the C-POI no later than fifty-three (53) calendar Days after Qwest receives the complete Collocation Application. If CLEC's Entrance Facility is not completed to thee-POI within fifty-three (53) calendar Days after receipt of the complete Collocation Application , Qwest shall complete the FC Collocation within forty-five (45) calendar Days of the completion and availability of CLEC's Entrance Facility at the C-POI. Billing Billing - All Collocation Upon completion of the Collocation construction activities and payment of the remaining nonrecurring balance, Qwest will provide CLEC a completion package that will initiate the recurring Collocation charges. Once this completion package has been signed by CLEC and Qwest, and Qwest has received the final fifty percent (500/0) balance, Qwest will activateCLEC transport services and/or UNEs or ancillary services coincident with completion of the Collocation. In the event Qwest has completed all associated construction activities and CLEC has not completed its associated activities (e., delivering fiber to the C-POI or providing the equipment cables for connecting to the Interconnection Distribution Frame), Qwest will bill an adjusted amount of the remaining nonrecurring balance, close the job, and begin Billing the monthly recurring rent charge. In those instances where the job is delayed due to CLEC not having its fiber to the POI, Qwest will request the April 7 2005/1hd/XOI Amend/Collocationll D Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT balance due minus the dollar amount specific to this work activity, and begin Billing the monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can request Qwest to return and complete the splicing activity at the rate reflected in this Amendment. In the case of missing equipment cables, CLEC will be responsible for installing the cables if not delivered at job completion. The installation activity must be conducted by a Qwest approved vendor and follow the designated racking route~ Final test and turn-up will be performed under the Maintenance and Repair process containedherein. Billing. Virtual Collocation Virtual Collocation will be considered complete when the Premises is Ready for Service U~FS). Cooperative testing between CLEC and Qwest may be negotiated and performed to ensure continuity and acceptable transmission parameters in the facility and equipment. Billing. Caged and Cageless Physical Collocation Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remaining nonrecurring charges, Qwest will schedule a walk through of the space with CLEC. During this joint walk through, Qwest will turn over access to the space and provide security access to the Premises. Upon completion of the acceptance walk through CLEC will be provided the Caged or Cageless Physical Collocation completion package (i.e., all ordering information). The monthly Billing for leased space, DC power, Entrance Facility, and other associated monthly charges will commence with CLEC sign off on the completion of the physical space. CLEC may then proceed with the installation of its equipment in the Collocation space, unless early access has been arranged pursuant to Section 8.7. If Qwest, despite its best efforts, including notification through the contact number on the Collocation Application, is unable to schedule the walk through with CLEC within twenty-one (21) calendar Days of the RFS, Qwest shall activate the monthly recurring charges. Maintenance and Repair Virtual Collocation Maintenance Labor, Inspector Labor, Engineering Labor and Equipment Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time) and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and holidays. Installation and maintenance of CLEC's virtually collocated equipment will be performed by Qwest or a Qwest authorized vendor. Upon failure of CLEC's virtually collocated equipment, Qwest will promptly notify CLEC of such failure and the corrective action that is needed. Qwest will repair such equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment April 7, 2005/lhdIXO/AmendIColiocationIlD Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language ATTACHMENT of Qwest. CLEC is responsible for transportation and delivery of maintenance spares to Qwest at the Premises housing the failed equipment. CLEC is responsible for purchasing and maintaining a supply of spares. Physical Collocation CLEC is responsible for the maintenance and repair of its equipment located within CLEC's leased space. Interconnection Distribution Frame CLEC is responsible for block and jumper inventory and maintenance at the Interconnection Distribution Frame and using industry accepted practices for its terminations. Additionally, CLEC is responsible for having jumper wire and tools for such operations. Qwest is responsible for the overall repair and maintenance of the frame;' including horizontal and vertical mounting positions, cable raceways, rings, and troughs, and general housekeeping of the frame. Adjacent Collocation and Adjacent Remote Collocation CLEC is responsible for the maintenance and repair of its equipment located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space. Facility Connected (FC) Collocation Qwest will be responsible for all Maintenance and Repair of FC Collocation facilities from the C-POI into and within the Wire Center, and for the associated Interconnection, ancillary services, and Finished Services terminated on the FC Collocation blocks or panels. CLEC does not have physical access to the Wire Center for FC Collocation. Splitter Collocation When Splitters are installed in Qwest Wire Centers via Common Area Splitter Collocation, CLEC will order and install additional Splitter cards as necessary to increase the capacity of the Splitters. CLEC will leave one (1) unused, spare Splitter card in every shelf to be used for Maintenance and Repair until such time as the card must be used to fill the shelf to capacity. When Splitters are instaUed in Qwest Wire Centers via standard Collocation arrangements, CLEC may install test access equipment in its Collocation areas in those Wire Centers for the purpose of testing Shared Loops. This equipment must meet the requirements for Central Office equipment set by the FCC in its March 31 1999 Order in CC Docket No. 98-147. ApriI7 2005/lhd/XO/Amend/Collocation/ID Amendment to CDS-020124-0083 Negotiations Template dated 10-18-2004; Idaho SGAT, dated 7-25-2002 for state specific language Exhibit A Idaho Notes Collocation All Collocation PlanninQ and EnQineerinQ Intentionallv Left Blank Cable Auament Quote Preoaration Fee $1.284. Entrance Facilitv Standard Shared per Fiber $5.44 $616. Cross Connect oer Fiber $5.$722. Express. per Cable $88.$9009. Cable Solicina Fiber - Per Set-$399. Per Fiber Spliced $37. 1.4 Power Usaae 1.4.-48 Volt DC Power UsaQe. per Ampere. per Month 1.4.Power Plant 1.4.1.1 Less Than 60 Amos $10. Eaual To or Greater Than 60 Amos $8.42 1.4.Power Usaae 1.4.Less Than or Eaual To 60 Amps oer Amp $2.47 Greater Than 60 Amos, per Amo $4. AC Power Feed AC Power Feed oer Amp, oer Month 120V $16. 208 V. Sinale Phase $27. 208 V Three Phase $48. 240 V Sinale Phase $32. 240 V Three Phase $55. 480 V Three Phase $111. AC Power Feed, oer Foot. oer Month 20 Amo. Sinale Phase $0.0084 $7. 20 Amp, Three Phase $0.0105 $9. 30 Amp. Simile Phase $0.0091 $8. 2.4 30 Amp, Three Phase $0.0125 $11. 40 Amo. Sinale Phase $0.0107 $9.43 40 Amp. Three Phase $0.0147 $12. 50 Amp. SinQle Phase $0.0127 $11. ' 50 Amp. Three Phase $0.0177 $15. 60 Amp. Sinale Phase $0.0144 $12. 60 Amp, Three Phase $0.0204 $17. 100 Amo, Sinale Phase $0.0178 $15. 100 Amp. Three Phase $0.0277 $24.44 Inspector Labor. per Halt Hour Reaular Hours Rate $28. After Hours Rate minimum 3 hours $37. Channel ReQeneration DS1 Reaeneration $0.$0. DS3 Reaeneration $0.$0. Collocation Terminations Shared Access DSO Cable Placement per 100 Pair Block $0.2262 $208. Cable Placement oer Termination $0.0090 $4. Cable. per 100 Pair Block $0.3304 $304. 1.4 Cable. oer Termination $0.0066 $4. Blocks per 100 Pair Block $0.5730 $528.42 Blocks oer Termination $0.0115 $8. Block Placement ner 100 Pair Block.$0.2381 $219. Block Placement. oer Termination $0.0048 $3. Qwest Idaho TRO USTA II Negotiations Template SGAT Third Revision Exhibit A March 24, 2005 Page1ot6 Exhibit A Idaho DS1 Cable Placement oer 28 DS1s $0.4111 $362. Cable Placement oer Termination $0.0442 $38;94 Cable oer 28 DS1s $0.3993 $351. 2.4 Cable. oer Termination $0.0429 $37. Panel oer 28 DS1s $0.2742 $241. Panel oer Termination $0.0330 $29. Panel Placement oer 28 DS1s $0.0847 $74. Panel Placement oer Termination $0.0091 $8. DS3 Cable Placement oer Termination $0.1521 $134. Cable, oer Termination $0.2578 $227. Panel! Connector oer Termination $0.2625 . $231. 3.4 Panel! Connector Placement oer Termination $0.0204 $18. 1.4 Fiber Termination 1.4.Terminations. oer 12 Fibers $26.$1 513. 1.4.Additional Connector lif aoolicable)$0.47 $411;65 1.4.Cable Rackina - Shared oer 12 Fibers $26.47 4.4 Cable Racking - Dedicated $1.$1,433. Security Charae Per Emolovee oer Card $0. Card Access oer Emolovee oer Office $7. Comoosite Clock ! Central Office Synchronization 10.Synchronization - Comoosite Clock oer Port $7.44 1.11 Intentionally Left Blank Soace Availabilitv CharQe $313. Collocation Space Reservation Fee Charge will be 25% of Nonrecurring Fee Collocation Soace Ootion Administration Fee $1 107. , 8.1:15 Collocation Soace Ootion Fee oer SQuare Foot $2. Virtual Collocation Plannina and Enaineerina Fees Quote Preoaration Fee $3.146.41 B,7 Maintenance Labor oer Half Hour Reaular Hours Rate $29. After Hours Rate $39. TraininQ Labor oer Half Hour Reaular Hours Rate $29. 2.4 Bav Soace 2.4.Eauioment Bay, oer Shelf $4. 2.4.Virtual Soace Construction. Initial Bav Provided $20.$17749. 2.4.Each Additional Bav Soace $3.$2 854. 2.4.4 Virtual Cable Rackina. oer Shelf $0.44 $384. EnQineerina Labor oer Half Hour Reaular Hours Rate $32. After Hours Rate $43. Installation Labor. oer Half Hour Reaular Hours Rate $31. After Hours Rate $41. Rent Floor Soace Lease oer SQuare Foot $2. Rent. oer Shelf $4. Intentionally Left Blank , Qwest Idaho TRO USTA II Negotiations Template SGAT Third Revision Exhibit A March 24. 2005 Page 2 of 6 Exhibit A Idaho Power Plant -48 DC Power Cable. Der Cable 20 AmD Power Feed $4.$3985.41 30 AmD Power Feed $5.$4 537. 40 AmD Power Feed $6.$5 480.42 1.4 60 AmD Power Feed $11.$9706. 100 AmD Power Feed $18.$16370. 200 AmD Power Feed $34.59 $30473. 300 AmD Power Feed $54.$47917. 400 AmD Power Feed $77.$68.037. Caaeless Phvsical Collocation Plannina and Enaineerina Fee Quote PreDaration Fee $3.146. SDace Construction and Site PreDaration Site PreDaration Fee ICB 2 Bavs $23.$20 603.40 Intentionally Left Blank, Intentionally Left Blank SDace Construction for Each Additional Bav $3.$2 854. Adiustment for Sinale Bav - Chance to Standard Desian ($3.24)($2 854. -48 Volt DC Power Cable 20 AmDPower Feed $4.$3985. 30 AmD Power Feed $5.$4 537. 40 AmD Power Feed $6.$5 480.42 7.4 60 AmD Power Feed $11.$9,706. 100 AmD Power Feed $18.$16.370. 200 AmD Power Feed $34.$30473. 300 AmD Power Feed $54.$47917. 400 AmD Power Feed $77.$68037. Floor SDace Lease Der SQuare Foot $2. Caged Physical Collocation Plannina and Enaineerina Fee 8.4.Quote PreDaration Fee $3185. 8.4.SDace Construction and Site PreDaration 8.4.Site PreDaration Fee ICE 8.4.Intentionally Left Blank 8.4.Intentionally Left Blank 2.4 SDace Construction 8.4.2.4.Caae UD to 100 Sa. Ft.$38.$33927. 8.4.2.4.Caae - 101 to 200 Sa. Ft.$34.$30113. 8.4.2.4.Caae - 201 to 300 Sa. Ft.$42.$37154. 8.4.2.4.4 Cage - 301 to 400 Sq. Ft.$44.$38 922. Intentionally Left Blank 8.4.Intentionally Left Blank 8.4.-48 Volt DC Power Cable 8.4,20 AmD Power Feed $5.$4.954. 8.4.30 AmD Power Feed $6.$5.457. 8.4.40 AmD Power Feed $7.41 $6 526. 8.4.7.4 60 AmD Power Feed $12.$10 772. 100 AmD Power Feed $19.$17 531. 8.4.200 AmD Power Feed $37.$32 634. 8.4.300 AmD Power Feed $58.$51 315. 8.4.400 AmD Power Feed $82.$72861. 8.4.3 Space Construction - Fencina Credit 8.4.Caae UD to 100 Sa. Ft.$10.$5723. Caae 101 - 200 Sa. Ft.$12.$7 135. 8.4.Caae 201 - 300 Sa. Ft.$14.47 $8015. Caae 301 - 400 So. Ft.$16.$8 851. 8.4.Floor SDace Lease Der SQuare Foot $2. Intentionally Left Blank 8.4.Intentionallv Left Blank Qwest Idaho TRO USTA II Negotiations Template SGAT Third Revision Exhibit A March 24, 2005 Page 3 of6 Exhibit A Idaho Intentionallv Left Blank 8.4.Groundina 8.4.2/0 AWG. per Foot $0.0097 $8. 8.4.1/0 AWG per Foot $0.0170 $14. 8.4.4/0 AWG per Foot $0.0200 $17. 8.4.8.4 350 kcmil per Foot $0.0258 $22. 8.4.500 kcmil oer Foot $0.0299 $26. 8.4.750 kcmil. per Foot $0.0456 $40. Adiacent Collocation ICB Remote Collocation Phvsical & Virtual Remote Collocation Soace Coer Standard Mountina Unit)$0.$665.47 FDI Terminations (per 25 Pair)$0.$484. Power Usaae Power Usaae 60 Amps or Less per Amo $2.47 Power Usaae More Than 60 Amos per Amo $4. 1.4 Quote Preparation Fee $1 064. Adiacent Remote Collocation Adjacent Remote Collocation (New)Under Develooment Adjacent Remote Collocation (Existing)Under Development Additional Virtual Remote Collocation Elements Flat Charae.' per Job $36. Enaineerlna Rate. per Half Hour $35. Maintenance per Half Hour $29.40 3.4 Installation oer Half Hour $29.40 Trainina. per Half Hour $29.40 CLEC to CLEC Desian Enaineerina & Installation Flat Charae (Desian Enaineerina - No Cables)$634. Fiber Flat Charae $1 229. Cable Rackina DSO per Foot per Cable $0.11848 DS1 oer Foot oer Cable $0.13075 DS3. per Foot. per Cable $0.10234 2.4 Fiber per Foot per Fiber $0.93313 Virtual Connections (if applicable - Connections onlv: No cables) DSO Per 100 Connections)$194. DS1 Per 28 Connections)$91. DS3 Per 1 Connection)$5. Fiber Connections per Fiber Spliced $37. 7.4 Cable Hole (if Applicable)$386. CLEC to CLEC Cross Connection $201. Interconnection Distribution Frame lICDF) Collocation ICE Application to Request Cancellation QPF Prorated Job Costs Microwave Collocation Under Development Field Connection Point lFCP) 11.FCP Set-up. per ReQuest $3.$3.291. 11.FCP splicina. per 25 Pairs $0.$13. 11.FCP Reclassification Charae $463. 11.4 Feasibilitv Fee / Quote Preoaration Fee $1 197. Facility Connected (FC) Collocation 12.FC Collocation Quote Preparation Fee. per Reauest ICB 12.FC Collocation Enaineerlna Fee. oer Job ICB 12.FC Collocation Cooper Entrance Facilitv Charae per 100 Pair ICB ICB 12.4 FC Collocation Fiber Entrance Facilitv Charae oer 12 Fibers $5.$616. 12.FC Collocation Termination Block with Protectors Charae oer 100 Pairs ICB ICB Owest Idaho TRO USTA II Negotiations Template SGAT Third Revision Exhibit A March 24. 2005 Page 4 of6 Exhibit A Idaho 12.FC Collocation Termination Panel Charae. oer 12 Strands ICB ICB 12.FC Collocation DS1 Voltaae Isolation. oer Pair ICB ICB DC Power Reduction 13.Quote PreDaration Fee $703. 13.Power Reduction Less than 60 Amos $494.45 13.. Power Reduction EQual to 60 Amos $706. 13.4 Power Reduction Greater than 60 AmDs Der AmD $895. 13.Power On / Off $621. 13.Batterv Distribution Fuse Board (BDFB)Rent $64. Collocation Transfer of ResDonsibilitv 14.Wireline and Wireless Local Interconnection Service Trunks 14.Per Trunk Grouo $32. 14.Per Facilitv Circuit $32. 14.Assessment Fee $1 036. 14.Network Svstems Administration Fee $1.586. 14.4 Unbundled Looo, oer Circuit $32. 14.Sub-Loop and Shared Distribution Loop, per Circuit $32. 14.Line Sharin!:!, Line Splittin!:!, and Line Partitionina. oer Circuit $32. 14.Unbundled Dedicated Interoffice Transoort, oer Circuit $32. 14.Enhanced Extended LQoo / LooD Mux Combination, Der Circuit $32. 14.Loop Splitting. Per Circuit $32. 14.Unbundled Dark Fiber, per Circuit $32. Collocation Available InventorY 15.Standard Sites 15.Removal of Terminations 15.DSO Der 100 15.DS1 Der Termination 15.DS3. oer Termination 15.OCN oer 12 Fibers 15.Quote PreDaration Fee (QPF) 15.Caaeless (uses aooroved rate from 8.$3.146.41 B,7 15.Caaed (uses aooroved rate from 8.4.1. f). $3 185. 15.Soecial Sites 15.SDecial Site Assessment Fee 15.Network Systems Assessment Fee 15.Site Survey 15.Re-usable Elements ICB Collocation Decommissionina (uses rates from 9.20) 16.Additional Labor Other - Basic $27. 16.Additional Labor Other - Overtime $36. 16.Additional Labor Other - Premium $46. 16.4 Additional Disoatch $87. Joint Testina (uses rates from 8. 17.Set-UD Fee (Drice contains a one hour set-uo fee)$58. 17.Test Time Fee. per Half Hour $29. NOTES: Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets: A AT&T Arbitration Docket USW-96-15, Order No 27738, effective September 17. 1998. B Cost Docket OWE-T-o1-11, Order No. 29408 (January 5, 2004) rates effective January 5, 2004. # Voluntary Rate Reduction, Docket USW-T -00-, effective 6/10/02. Reductions reflected in the 5/24/02 Exhibit A. #If. Second Voluntary Rate Reduction, Docket USW-T -00-, effective 6/7/02. Reductions reflected in the 7/10/02 Exhibit A. ##If. Third Voluntary Rate Reduction, Docket USW- T -00-, effective 12/16/02, Reductions reflected in the 10/16/02 Exhibit A (1) TELRIC rates proposed in Cost Docket OWE-1-o1-11 testimony filed on November 12, 2003. The case was bifurcated and the rates using this footnote are proposed in Phase 2 of the cost docket. (2) Market-based rates. (3) ICB. Individual Case Basis pricing. (4) The State of Idaho has retained the oversight on these rates. These rates are not under the jurisdiction of the FCC. (5) FCC ordered rates pursuant to the FCC's Order on Remand and Report and Order (Intercarrier Compensation for ISP-Bound Traffic) CC Docket 01-131 (FCC ISP Order), effective June 14, 2001. (6) Effective August 1, 2003, Owest will no longer bill the recurring and nonrecurring charges for Channel Regeneration. Owest reserves the right to revert back to the contractual rate only after appropriate notice is given. Qwest Idaho TRO USTA II Negotiations Template SGAT Third Revision Exhibit A March 24. 2005 Page 5 of6 Exhibit A Idaho (7) The preliminary Quote Preparation Fees (QPF) are included in the space construction charges. Upon completion of the collocation construction. the QPF will be credited to the final space construction charge for the virtual. caged or cageless collocation job. These engineering and planning charges are also included in the Virtual. Caged and Cageless Quote Preparation Fees. (8) Effective 11/04. Qwest will no longer perfonn Bridge Tap and/or Load Coil Removal (Conditioning) to facilitate provisioning of its Qwest Retail DSL offering. In order to pennit CLECs to provision their own xDSL Capable Loops, Qwest in now re-instituting the charge to continue Conditioning for the 2I4-Wire Unbundled Loop, ADSL Compatible Unbundled Loop, ISDN (BRI) Capable Unbundled Loop, xDSL-1 Capable Unbundled Loop. Non-Commercial Line Sharing. Line Splitting, Non-Gommercial Shared Distribution Loop and Loop Splitting, effective 3/14/05. Qwest can't bill the REC rate structure, but will bill customers the lower of the two rates. (9) Owest is voluntarily reducing this rate in order to keep rate relationship with the Fiber Transport .per Pal,.. rate element (10) Owest has not implemented this UNE rate or charge in its billing system but reserves the right to assess such a charge in the future. (11) All technically feasible Vertical Switch Features are available with compatible unbundled switch ports. No monthly recurring charge applies for Basic Vertical Switch Features. . Only basic Vertical Switch Features with nonrecurring charges are listed. Nonrecurring charges are applicable whenever a feature is added - whether on new installation, conversion, or change order activity. Vertical Switch Features not listed are included in the cost of the switch port and have a rate of zero for both recurring and nonrecurring charges. (12) The Premium Port monthly recurring charge applies in addition to the Analog or Digital Line Side Port recurring charges when Premium Features are ordered with analog or digital ports. Qwest Idaho TRO USTA II Negotiations Template SGAT Third Revision Exhibit A March 24, 2005 Page 6 of 6 (a) (b) (c) (d) (e) (f) (g) (h) EXHIBIT B SERVICE INTERVAL TABLES Unbundled Loops and Line Splitting Service Interval Table: Established Service Intervals 2/4 Wire Analog (Voice Grade): 1 )8 lines Five (5) business days 16 lines Six (6) business days 17 -24 lines Seven (7) business days 25 or more 1GB Established Service Intervals for 2/4 Wire Non-Loaded Loops , and ADSL Compatible Loops that do not require conditioning: 8 lines Five (5) business days 16 lines Six (6) business days 17 -24 lines Seven (7) business days 25 or more .ICB Established Service Intervals for xDSL-I/ BRI ISDN Capable Loops that do not require conditioning: 8 lines 16 lines 17-24 lines 25 or more Intentionally Left Blank Intentionally Left Blank Established Service Intervals for Line Splitting: No conditionin With conditionin With line move/UDC removal Conditioned Loops for 2/4 Wire Non-Loaded Loops, ADSL Compat!ble, Basic Rate ISDN Capable, xDSL-Capable Loops, and Line Splitting: Fifteen 15 business da s 1GB 8 lines 9 or more (i) Established Repair Intervals for 4-wire Analog Loops, 2/4 Wire Non-Loaded Loops Basic Rate ISDN Capable Loops, and ADSL Compatible Loops, and xDSL-Capable Loops: I Four (4) hours Qwest Idaho October 4, 2004 Page EXHIBIT B SERVICE INTERVAL TABLES Quick Loop 1 to 24 Lines 25 or more Lines Three 3 business da s ICB Quick Loop with Number Portability.1) 1 to 8 Lines 9 to 24 Lines3) 25 or more Lines (k) (I) (m) Intentionally Left Blank Intentionally Left Blank Established Service Intervals for 2/4 Wire Distribution and Non-loaded Distribution Loop 1 or more Lines Two (2) business days or Appointment Scheduler (n) Established Service Interval for Unbundled Loop Batch Hot Cut (BHC) Migrations - only applicable on 2/4 Wire Analog Loops - with or without local number portability (LNP), including Line Splitting to Loop Splitting (as part of the BHC): Minimum twenty-five (25) per CLEC to a maximum of one hundred (100) per cumulative total of all CLECs er Central Office, er da - Seven 7 business da s (0) Established Service Interval for modified Integrated Digital Loop Carrier (IDLC) BHC .,. only applicable on 2/4 Wire Analog Loops: No more that 40 lines per state, per day cumulative total for all CLECs - Seven (7) business days * Installation ' Guidelines apply where facilities/network capacity are in place. Where facilities/network capacity are not in place, intervals are handled on an Individual Case Basis (ICB). Qwest Idaho October 4, 2004 Page 2