20060228Amendment.pdf

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101 S, Capitol Boulevard, Suite 1900
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ATTORNEYS AT LAW
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FebruarYA 2006
MARY S, HOBSON
Direct [phone]
mshobson(1!Jstoel.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re:Case No. QWE-O2-
APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT
XO communications Services, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three
(3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission Decision
Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
, Very truly yours
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Boise-193062,1 0029164-00016 Idaho
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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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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. ("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
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
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
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
XO Communications Services, Inc.
Triennial Review Remand Order
Boise-193063,10029164-00016
Communications Commission. Expeditious approval of this Amendment will enable XO to
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
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 22nd day of February, 2006.
Qwest Corporation
M:!fr!f~
Stoel R1 es LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
XO Communications Services, Inc.
Triennial Review Remand Order
Boise,193063.10029164-00016
CERTIFICATE OF SERVICE
,/l1.:!3--
I hereby certify that on this day of February, 2006, 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
iiewell~puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Rex Knowles
XO Communications
111 East Broadway - Suite 1000
Salt Lake City, UT 84111
Telephone: [phone]
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: [phone]
Hand Delivery
~ U.Mail
Overnight Delivery
Facsimile
Email
&~ /(;//1~
randi L. McMahon, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
XO Communications Services, Inc.
Triennial Review Remand Order
Boise-193063.10029164-00016
Triennial Review Remand Order (UTRRO") Amendment
to the Interconnection Agreement between
Qwest Corporation and
XO Communications Services, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to incorporate the Triennial Review Remand Order
TRRO") into the Interconnection Agreement between Qwest Corporation ("Qwest"), a
Colorado corporation , and XO Communications Services, Inc. ("CLEC"
).
CLEC and Qwest
shall be known jointly as the "Parties
RECITALS.
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement (such Interconnection
Agreement, as amended to date, being referred to herein as the "Agreement") for services in the
state of Idaho which was approved by the Idaho Public Utilities Commission ("Commission ) on
February 28 , 2002 as referenced in Order No. 28964; and
WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and
regulations pertaining to , among other things, the availability of unbundled network elements
UNEs ) pursuant to Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act") in its
Report and Order In the Matter of Review of the Section 251 Unbundling Obligations
Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147, (effective October
, 2003) ("TRO"); and the Parties executed an Amendment to the Agreement incorporating the
terms of the Triennial Review Order (TRO) on April 6 , 2004; and
WHEREAS, on February 4, 2005, the FCC released the Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers, Order on Remand (Triennial Review
Remand Order)(FCC 04-290) ("TRRO"), effective March 11 , 2005 , which further modified the
rules governing Qwest's obligation to make certain UNEs available under Section 251 (c)(3) of
the Act; and
WHEREAS, the TRRO Decision materially modifies Qwest's obligations under the Act with
respect to , among other things , Qwest's requirement to offer certain UNEs; and
WHEREAS, the Parties wish to amend the Agreement to comply with the TRRO Decision
hereby agree to do so under the terms and conditions contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration , the receipt and sufficiency of
which is hereby acknowledged , the Parties agree as follows:
I. Amendment Terms.
To the extent applicable, the Agreement is hereby amended by deleting certain UNEs or by
changing or adding terms and conditions for certain UNEs as set forth in Attachment 1 and
Exhibit A to this Amendment, attached hereto and incorporated herein by this reference.
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II.Limitations.
Nothing in this Amendment shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the TRRO Decision , nor rules , regulations, interpretations, and appeals
thereof, including but not limited to state rules, regulations, and laws as they may be issued or
promulgated regarding the same. Nothing in this Amendment shall preclude or estop Qwest or
CLEC from taking any position in any forum concerning the proper interpretation or effect of the
TRRO Decision or concerning whether the TRRO Decision should be changed , vacated
dismissed, stayed or modified.
III.Conflicts.
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement , this Amendment shall control , provided , however, that the fact that a term or
provision appears in this Amendment but not in the Agreement, or in the Agreement but not in
the Amendment, shall not be interpreted as, or deemed a grounds for finding, a conflict for
purposes of this Section III.
IV.Scope.
This Amendment shall amend , modify and revise the Agreement only to the extent the UNEs
listed in Attachment 1 are included in the Agreement pursuant to Section 251 (c)(3) of the Act
and FCC Rule 51.319 and, except to the extent set forth in Section I and Section II of this
Amendment, the terms and provisions of the Agreement shall remain in full force and effect after
the execution date. Nothing in this Amendment shall amend , modify or revise the Agreement
with respect to the UNEs not listed in Attachment 1.
Effective Date.
This Amendment shall be deemed effective upon approval by the Commission , except where
the change of law provision in CLEC's Interconnection Agreement specifies a different effective
date. The Parties agree to implement the provisions of this Amendment upon execution
execution date
VI.Further Amendments.
The provisions of this Amendment, including the provisions of this sentence, may not be
amended , modified or supplemented , and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not , will be deemed to extend to any
prior or subsequent default, misrepresentation , or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
VII.Entire AQreement.
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.
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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 Communications Services, Inc.
Signature
!JleatIier~. go"
Name Pri mmen latlons '
XO Communications, (ne.
Signature
T. Christensen
Name Printed/Typed
Director- Interconnection Aqreements
Title Lf6b&
Title
&1 /;2~ /t;~
Date Date
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IT ACHMENT 1
Definitions
The Parties agree that the definitions in the TRO Amendment for "Non-Qualifying Service" and
Qualifying Service" shall be deleted.
Building , for the purposes of identifying the limited number of DS1 or DS3 loops a CLEC may
request to that building,. shall mean an area under one or more roofs, occupied by one or more
customers, served by Qwest regulated cable facilities through a single terminal owned or
controlled by Qwest. A building with a single terminal would be considered one building, while a
building with multiple terminals would be considered multiple buildings. In multi tenant
environments (MTE), a campus with multiple buildings and one terminal would be considered
one building.
Business Line" means a Qwest-owned switched access line used to serve a business
customer, whether by Qwest itself or by CLEC that leases the line from Qwest. The number of
Business Lines in a Wire Center shall equal the sum of all Qwest business switched access
lines, plus the sum of all UNE loops connected to that Wire Center, including UNE loops
provisioned in combination with other unbundled elements. Among these requirements
Business Line tallies (1) shall include only those access lines connecting End User Customers
with Qwest end-offices for switched services; (2) shall not include non-switched special access
lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps-
equivalent as one line. For example, a DS1 line corresponds to twenty-four (24) 64 kbps-
equivalents, and therefore to twenty-four (24) Business Lines.
Fiber-based Collocator" means any carrier, unaffiliated with Qwest, that maintains a Collocation
arrangement in a Qwest Wire Center, with active electrical power supply, and operates a fiber-
optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement
within the Wire Center; (2) leaves the Qwest Wire Center premises; and (3) is owned by a party
other than Qwest or any affiliate of Qwest, except as set forth in this paragraph. Dark fiber
obtained from Qwest on an indefeasible right of use basis shall be treated as non-Qwest fiber-
optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall
collectively be counted as a single Fiber-based Collocator. For purposes of this paragraph, the
term "affiliate" is defined by 47 U.C. ~ 153(1) and any relevant interpretation thereof.
Mobile Wireless Service" means all mobile wireless telecommunications services, including
commercial mobile radio service (CMRS).
Non-impaired Wire Center" is a Wire Center that meets the loop thresholds identified in CFR 47
~51.319(a)(4)(i) for DS1 Loops and ~51.319(a)(5)(i) for DS3 Loops. Non-impaired Wire Centers
also include Tier 1 and Tier 2 Wire Centers as defined in ~51.319(e)(3) and subject to the
limitations of ~51.319(e)(2)(ii)(A) for DS1 Dedicated Transport, ~51.319(e)(2)(iii)(A) for DS3
Dedicated Transport and ~51.319( e )(2)(iv)(A) for Dark Fiber Transport.
Route" is a transmission path between one of Qwest's Wire Centers or switches and another of
Qwest's Wire Centers or Switches. A Route between two (2) points (e., Wire Center or Switch
A" and Wire Center or Switch ") may pass through one (1) or more intermediate Wire Centers
or Switches (e., Wire Center or Switch "). Transmission paths between identical end points
(e., Wire Center or Switch "A" and Wire Center or Switch ") are the same "route,
irrespective of whether they pass through the same intermediate Wire Centers or Switches, if
any.
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ATTACHMENT 1
Triennial Review Remand Order" or "TRRO" is the Commission s Order on Remand in CC
Docket Nos. 01-338 and 04-313 (released February 4 2005).
Wire center" is the location of a Qwest local Switching facility containing one or more central
offices, as defined in the TRRO. The wire center boundaries define the area in which all
customers served by a given wire center are located.
Tier 1 Wire Centers" means those Owest Wire Centers that contain at least four Fiber-based
Collocators, at least 38 000 Business Lines, or both. Tier 1 Wire Centers also are those Qwest
tandem Switching locations that have no line-side Switching facilities, but nevertheless serve as
a point of traffic aggregation accessible by CLEC. Once a Wire Center is determined to be a
Tier 1 Wire Center, that Wire Center is not subject to later reclassification as a Tier 2 or Tier 3
Wire Center.
Tier 2 Wire Centers" means those Owest Wire Centers that are not Tier 1 Wire Centers, but
contain at least 3 Fiber-based Collocators, at least 24 000 Business Lines, or both. Once a
Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is not subject to later
reclassification as a Tier 3 Wire Center.
Tier 3 Wire Centers" means those Qwest Wire Centers that do not meet the criteria for Tier 1 or
Tier 2 Wire Centers.
Unbundled Network Elements (UNE) General
The Parties agree that section 2.1.4 of the TRO Amendment shall be deleted.
As of the execution date of this Amendment, CLEC shall not add (order) the following
Network Elements on an unbundled basis in the absence of impairment as determined in this
amendment and Owest will not provide such Network Elements on an unbundled basis pursuant
to Section 251 (c)(3) of the Act:
Unbundled Loopsa) Certain DS1 Loops subject to the requirements of Section 3.0 following
Certain DS3 Loops subject to the requirements of Section 3.0 following
Dark Fiber Loops subject to the requirements of Section 3.5 following
Transporta) Certain DS1 Transport (UDIT) subject to the requirements of Section 4.following
Certain DS3 Transport (UDIT) subject to the requirements of Section 4.
following
Certain Dark Fiber Transport (UDF-IOF) subject to the requirements of
Section 4.10 following
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ATTACHMENT 1
Unbundled Switching
Tandem Switching
Mass Market Switching, including UNE-P and related services as
identified in Section 2.
Enterprise Local Switching, including UNE-P and related services as
identified in Section 2.
Signaling Networks (stand alone)
1 Related services
Transition
Customized Routing
Signaling
AI N Database Services
Line Information Database (LlDB)
8XX Database Services
InterNetwork Calling Name (ICNAM)
Local Number Portability (LNP) Database
Shared Transport
2.4.Transition plans for embedded Network Elements identified in Sections
, 2.2 and 2.3 above are identified in the following sections.
After execution of this Amendment, Qwest shall back bill the FCC ordered rate increases
to March 11 , 2005, for existing Non-Impaired DS1 Loop and Transport, DS3 Loop and
Transport, Dark Fiber Loop and Transport and Mass Market Switching Services pursuant to
Transition rate increases identified in Sections 3., 3., 3., 4., 4.
2 and 5.1.3. Such back billing shall not be subject to billing measurements and
penalties. Such back billed amounts shall appear on the Charges and Credits section of the
invoice and those amounts shall not be subject to billing measurements, interest or penalties.
Payment for the back billed amounts will be due thirty (30) days after the date of the invoice
containing such bac/( billed amounts in the Charges and Credits section.
Intentionally left blank.
UNEs shall not be utilized by CLEC for its own administrative use.
CLEC may not access UNEs for the exclusive provision of Mobile Wireless Services or
Interexchange Services ("Interexchange Service" means telecommunications service between
stations in different exchange areas. Ct. Modification of Final Judgment, 9 IV(K), reprinted in
United States v. Am. Tel. Tel. Co.552 F. Supp. 131 , 229 (D.C. 1982) (defining
interexchange telecommunications" as "telecommunications between , a point or points located
in one exchange telecommunications area and a point or points located in one or more other
exchange areas or a point outside an exchange area
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ATTACHMENT 1
If CLEC accesses and uses a UNE consistently with Section 2.5 and Section 2., CLEC
may provide any Telecommunications Services over the same UNE.
CLEC and Qwest shall make reasonable and cooperative efforts to (a) transition the
embedded Network Elements identified in Sections 2.1 (a), 2.1 (b), 2.2 (a), 2.2 (b) and
3 above to CLEC's own facilities or to other wholesale facilities or services by March 11
2006 and (b) ) transition the embedded Network Elements identified in Sections 2.1 (c) and
2 (c) above to CLEC's own facilities or to other wholesale facilities or services by September
11 , 2006.
Qwest has designated certain Wire Centers as Tier 1 Wire Centers, Tier 2 Wire Centers
and/or as Wire Centers in which DS1 and/or DS3 Loops are no longer available. Upon request
Qwest shall provide CLEC the methodology Qwest has used in making the determination that
Wire Centers meet the applicable non-impairment thresholds specified in Section 2.1. CLEC'
request for, and Owest's provision of, the methodology will not be deemed an admission by
Owest or CLEC concerning the interpretation or effect of the Decisions, nor rules, regulations
interpretations, and appeals thereof, including but not limited to state rules, regulations, and
laws as they may be issued or promulgated regarding the same. Nor will it preclude or estop
Owest or CLEC from taking any position in any forum concerning what information may be
exchanged between Qwest and CLEC. In addition , CLEC reserves the right to dispute a
determination by Qwest that any Wire Center meets the applicable non-impairment thresholds
specified in Section 2.1 through the dispute resolution provisions of the Agreement or in any
appropriate Commission or FCC proceeding. Pursuant to the definition of Fiber-based
Collocator, carriers that have entered into merger and/or other consolidation agreements will be
treated as affiliates provided that the merged and/or consolidated entities have provided
appropriate notice to Qwest of their merging and/or consolidation.
1 To submit an order to obtain a high-capacity loop or transport UNE CLEC must
undertake a reasonably diligent inquiry and , based on that inquiry, self-certify that, to the best of
its knowledge, its request is consistent with the requirements discussed in parts IV, V, and VI of
the TRRO and that CLEC is therefore entitled to unbundled access to the particular network
elements sought pursuant to section 251 (c)(3). As part of such reasonably diligent inquiry,
CLEC shall ensure that a requested unbundled DS1 or DS3 loop is not in a Wire Center
identified on the list provided by Qwest of Wire Centers that meet the applicable non-impairment
thresholds specified in Sections 3.1 and 3., and that a requested unbundled DS1 , DS3 or
dark fiber transport circuit is not between Wire Centers identified on the list of Wire Centers that
meet the applicable non-impairment threshold specified in Sections 4.2 and 4.
CLEC shall provide a letter or other mutually agreed upon form to certify that CLEC's request is
consistent with the requirements discussed in parts IV, V, and VI of the TRRO. CLEC will
maintain appropriate records that document what CLEC relied upon to support its certification.
Upon receiving a request for access to a dedicated transport or high-capacity
loop UNE that indicates that the UNE meets the relevant factual criteria discussed in sections V
and VI of the Triennial Review Remand Order, Qwest must immediately process the request, if
the UNE is in a location that does not meet the applicable non-impairment thresholds referred to
in Section 2.1. To the extent that Qwest seeks to challenge any other such UNEs, it
subsequently can raise that issue through the dispute resolution procedures provided for in
CLEC's Interconnection Agreement.
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ATTACHMENT 1
If it is determined that CLEC's access to or use of UNEs is inconsistent with the
existing state of the law, rules, regulations and interpretations thereof, including but not limited
to federal rules, regulations, and laws, as of March 11 2005 except due to change in law, CLEC
has thirty (30) calendar Days to submit an order with a standard interval to disconnect such
UNEs or convert such UNEs to alternate service arrangements and CLEC is subject to back
billing for the difference between rates for the UNEs and rates for the Owest alternate service
arrangements. CLEC is also responsible for all nonrecurring charges associated with such
conversions.9.4 In the event that (1) Owest designates a wire center as non-impaired, (2) CLEC
converts existing UNEs to other services or orders new services as services other than UNEs
(3) CLEC otherwise would have been entitled to UNEs in such wire center at the time alternative
services were provisioned , and (4) Owest acknowledges or a state or federal regulatory body
with authority determines that, at the time Owest designated such wire center as non-impaired
such wire center did not meet the FCC's non-impairment criteria, then upon request of CLEC
Owest will transition to UNEs any alternative services in such wire center that were established
after such wire center was designated as non-impaired. In such instances, Owest shall refund
CLEC the difference between the rate paid by CLEC for such services and the applicable UNE
rate, including but not limited to any charges associated with the unnecessary conversion from
UNE to other wholesale services.
Additional Non-Impaired Wire Centers.If additional Owest Wire Centers are
found to meet the relevant factual criteria discussed in Sections V and VI of the FCC's Triennial
Review Remand Order under which Owest is no longer required to offer Unbundled DS1 or DS3
Loops , and/or if additional Owest Wire Centers are reclassified as Tiers 1 or 2, thus impacting
the availability of Unbundled DS1 , DS3, or Dark Fiber transport, Owest shall provide written
notice to CLEC. Upon request, Owest shall provide CLEC the methodology specified in Section9. Thirty (30) Days after notification from Owest, CLEC will no longer order impacted high
capacity or Dark Fiber UNEs in or between those additional Wire Centers. CLEC will have
ninety (90) Days to transition existing DS1 and DS3 UNEs to an alternative service. CLEC will
have one hundred eighty (180) Days to transition Dark Fiber transport to an alternative service.
Owest and CLEC will work together to identify those circuits impacted by suph change. Absent
CLEC transition of impacted UNEs within the transition period above, Owest will convert
facilities to month-to-month service arrangements in Owest's Special Access Tariff or begin the
disconnect process of Dark Fiber facilities. CLEC is subject to back billing for the difference
between the UNE and Tariff rates beginning on the first day after the transition period described
in this Section. All appropriate tariff charges in Section 5 of FCC No.1 associated with such
conversions shall apply.
Unbundled Loop
The Parties agree that sections 2.1 (c), 2.1 (d), 2., 2.1 and 2.3 of the THO
Amendment shall be deleted.
Unbundled Loops are available pursuant to the Agreement and the following terms and
conditions.
DS1 Unbundled Loops.Subject to the cap described in Section 3.
Owest shall provide CLEC with non-discriminatory access to DS1 loops on an
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unbundled basis to any Building not served by a Wire Center with at least 60 000
Business Lines and at least four (4) Fiber-based Collocators. Once a Wire Center
exceeds both of these thresholds, no future DS1 loop unbundling will be required in that
Wire Center.
1.1.1 Cap on Unbundled DS1 Loop Circuits.CLEC may obtain a
maximum of ten (10) unbundled DS1 Loops to any single Building in which DS1
Loops are available as Unbundled Loops.
Transition period for DS1 loop circuits.For a twelve (12) month
period beginning on the effective date of the Triennial Review Remand Order
any DS1 loop UNEs that a CLEC leases from Owest as of that date, but which
Qwest is not obligated to unbundle pursuant to Sections 3.1 or 3., shall be
available for lease from Qwest at a rate equal to the higher of (1) 115% of the
rate the requesting carrier paid for the loop element on June 15 2004, or (2)
115% of the rate the state commission has established or establishes, if any,
between June 16, 2004, and the effective date of the Triennial Review Remand
Order, for that Loop element. Where Owest is not required to provide unbundled
DS1 loops pursuant to Sections 3.1.1 or 3., CLEC may not obtain new DS1
loops as unbundled network elements. Owest and CLEC will work together to
identify those circuits impacted in Non-Impaired Wire Centers.
BiliinQ.Subject to the provisions of 2.3 above, the 15%
transitional rate increment will be applied to CLECs bill as a manual adjustment
on the following bill cycle. The first bill adjustment will be applied to each
account based on the Billing Telephone Number (BTN) and/or Circuit (CKT) per
Billing Account Number (BAN) with an effective bill date of March 11 , 2005 on the
first or second bill cycle following the contract execution date.
DS3 Unbundled Loops. Subject to the cap described in Section 3.
Qwest shall provide CLEC with non-discriminatory access to a DS3 loop on an
unbundled basis to any Building not served by a Wire Center with at least 38,000
Business Lines and at least four (4) Fiber-based Collocators. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in that Wire Center.
Cap on Unbundled DS3 Loop Circuits.CLEC may obtain a
maximum of a single unbundled DS3 Loop to any single Building in which DS3
Loops are available as unbundled loops.
Transition period for DS3 loop circuits. For a twelve (12) month
period beginning on the effective date of the Triennial Review Remand Order
anyDS3 loop UNEs that a CLEC leases from the Qwest as of that date, but
which the Qwest is not obligated to unbundle pursuant to Sections 3.2 or
, shall be available for lease from the Qwest at a rate equal to the higher
of (1) 115% of the rate the requesting carrier paid for the loop element on June
15, 2004, or (2) 115% of the rate the state commission has established or
establishes, if any, between June 16, 2004, and the effective date of the Triennial
Review Remand Order, for that loop element. Where Qwest is not required to
provide unbundled DS3 loops pursuant to Sections 3.2 or 3., CLEC may
not obtain new DS3 loops as unbundled network elements. Qwest and CLEC
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will work together to identify those circuits impacted in Non-Impaired Wire
Centers.
Billina.Subject to the provisions of 2.3 above, the 15%
transitional rate increment will be applied to CLECs bill as a manual adjustment
on the following bill cycle. The first bill adjustment will be applied to each
account based on the BTN and/or CKT per BAN with an effective bill date of
March 11 , 2005 on the first or second bill cycle following the contract execution
date.
Failure To Convert Non-Impaired Services - DS1 and DS3 Loops. Absent
CLEC Transition of DS1 and DS3 Loops by March 10, 2006, Owest will convert facilities
to month to month service arrangements in Owest's Special Access Tariff. Owest will
make all reasonable efforts to ensure that conversions shall be implemented in a
seamless manner without any customer impacts or adverse effects to service quality.
CLEC is subject to back billing for the difference between the rates for the UNEs and
rates for the Qwest alternative service arrangements to March 11 , 2006. All appropriate
tariff charges in Section 5 of FCC No.1 associated with such conversions shall apply.
Owest shall make available to CLEC Qwest's list of those Non-Impaired Wire
Centers that satisfy the above criteria and update that list as additional Wire Centers
meet these criteria.
Dark Fiber Loops Including Fiber Sub-loop. Qwest is not required to provide
CLEC with access to a Dark Fiber Loop on an unbundled basis except for UDF-MTE
Subloop below. Dark fiber is fiber within an existing fiber optic cable that has not yet
been activated through optronics to render it capable of carrying communications
services.
Transition period for Dark Fiber Loop circuits.For an 18-month
period beginning on the effective date of the Triennial Review Remand Order
any Dark Fiber Loop UNEs that a CLEC leases from Qwest as of that date shall
be available for lease from Qwest at a rate equal to the higher of (1) 115% of the
rate the requesting carrier paid for the loop element on June 15 2004 or (2)
115% of the rate the state commission has established or establishes, if any,
between June 16, 2004, and the effective date of the Triennial Review Remand
Order, for that Loop element. CLEC may not obtain new Dark Fiber Loops as
Unbundled Network Elements. Qwest and CLEC will work together to identify
those circuits impacted. In the event that the Parties erroneously fail to identify
one or more dark fiber UNE loop circuits being provided to CLEC, the Parties
shall work cooperatively to migrate customers and services from such circuits
prior to Qwest disconnecting that circuit.
Failure To Convert Non-Impaired Network Elements - Dark Fiber
Loops includina Fiber Sub-loop.Absent CLEC transition of Dark Fiber Loops as
of September 11 , 2006, Qwest will, or maintains the right begin the
disconnection process of CLEC Dark Fiber Loops. The Parties shall work
cooperatively to migrate customers and services from such circuits prior to Owest
disconnecting that circuit.
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An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a
transmission facility between any point that it is Technically Feasible to access at
terminals in Qwest's outside plant (originating outside of the Central Office), including
inside wire owned or controlled by Qwest, and terminates at the End User Customer
premises. An accessible terminal is any point on the Loop where technicians can
access the wire within the cable without removing a splice case to reach the wire within.
Such points may include, but are not limited to, the pole
, '
pedestal
, '
Network Interface
Device minimum point of entry, single point of Interconnection, Remote Terminal
Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not
have access on an unbundled basis to a feeder sub loop defined as facilities extending
from the Central Office to a terminal that is not at the End User Customer s premises or
multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only
to the extent it is part of a complete transmission path, not a subloop, between the
Central Office and the End User Customer s premises or MTE.
1 Qwest's obligation to construct a Single Point of Interface (SPOI)
is limited to those MTEs where Qwest has distribution facilities to that MTE and
owns , controls, or leases the inside wire at the MTE. In addition, Qwest shall
have an obligation to construct a SPOI only when CLEC indicates that it intends
to place an order for access to an unbundled Subloop Network Element via a
SPOI.
Access to Distribution Loops or Intrabuilding Cable Loops at an
MTE Terminal within a non-Qwest owned MTE is done through an MTE-POI.
Collocation is not required to access Subloops used to access the network
infrastructure within an MTE, unless CLEC requires the placement of equipment
in a Qwest Premises. Cross-Connect Collocation , refers to creation of a cross
connect field and does not constitute Collocation. The terms and conditions of
Collocation do not apply to Cross-Connect Collocation if required at or near an
MTE.
Failure To Convert Non-Impaired Services - Feeder Subloops.
Absent CLEC Transition of Feeder SubLoop, within ninety (90) Days of
Execution of this Amendment, Qwest will convert facilities to month to month
service arrangements in Qwest's Special Access Tariff. CLEC is subject to back
billing for the difference between the rates for the UNEs and rates for the Qwest
alternative service arrangements to the 91s1 day. CLEC is also responsible for all
non-recurring charges associated with such conversions.
Line Sharing. Qwest shall not be required to provide Line Sharing unless the
Agreement has been amended with a Qwest Commercial Line Sharing Amendment.
Shared Distribution Loop. Qwest shall not be required to provide Shared
Distribution Loop unless the Agreement has been amended with a Qwest Commercial
Shared Distribution Loop Amendment.
Unbundled Dedicated Interoffice Transport (UDlT)
Qwest is not obligated to provide CLEC with unbundled access to dedicated transport
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that does not connect a pair of Qwest Wire Centers. Nothing in this section affects obligations
associated with Section 251 (c)2 of the Act.
UDIT is available pursuant to CLEC's Agreement and the following terms and conditions.
DS1 UDIT. Qwest shall unbundle DS1 transport between any pair of Qwest Wire
Centers except where, through application of "Tier" classifications, as defined in Section
0 of this Amendment, both Wire Centers defining the Route are Tier 1 Wire Centers.
As such, Qwest must unbundle DS1 transport if a Wire Center at one end of a requested
Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center.
GLEC may obtain a maximum of ten (10) unbundled DS1
dedicated transport circuits on each Route where DS1 dedicated transport is
available on an unbundled basis.
Transition period for DS1 transport circuits For a twelve (12)
month period beginning on the effective date of the Triennial Review Remand
Order, any DS1 dedicated transport UNE that a CLEC leases from Qwest as of
that date, but which Qwest is not obligated to unbundle pursuant to Sections
1 or 4., shall be available for lease from Qwest at a rate equal to the
higher of (1) 115 percent of the rate the requesting carrier paid for the dedicated
transport element on June 15, 2004, or (2) 115 percent of the rate the state
commission has established or establishes, if any, between June 16, 2004, and
the effective date of the Triennial Review Remand Order, for that dedicated
transport element. Where Qwest is not required to provide unbundled DS1
transport pursuant to Sections 4.1 or 4., CLEC may not obtain new DS1
transport as unbundled network elements. Qwest and CLEC will work together
to identify those circuits impacted between Non-Impaired Wire Centers.
BiliinQ.Subject to the provisions of 2.3 above, the 15%
transitional rate increment will be applied to CLECs bill as a manual adjustment
on the following bill cycle. The first bill adjustment will be applied to each
account based on the BTN and/or CKT per BAN with an effective bill date of
March 11 , 2005 on the first or second bill cycle following the contract execution
date.
DS3 UDiT - Qwest shall unbundle DS3 transport between any pair of Qwest Wire
Centers except where, through application of "Tier" classifications, as defined in Section
0 of this Amendment, both Wire Centers defining the Route are either Tier 1 or Tier 2
Wire Centers. As such, Qwest must unbundle DS3 transport if a Wire Center on one
end of a requested Route is a Tier 3 Wire Center.
CLEC may obtain a maximum of twelve (12) unbundled DS3
dedicated transport circuits on each Route where DS3 dedicated transport is
available on an unbundled basis.
Transition period for DS3 transport circuits. For a twelve (12)
month period beginning on the effective date of the Triennial Review Remand
Order, any DS3 dedicated transport UNE that a CLEC leases from the Qwest as
of that date, but which the Qwest is not obligated to unbundle pursuant to
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Sections 4.2 or 4., shall be available for lease from the Owest at a rate
equal to the higher of (1) 115 percent of the rate the requesting carrier paid for
the dedicated transport element on June 15, 2004, or (2) 115 percent of the rate
the state commission has established or establishes, if any, between June 16
2004, and the effective date of the Triennial Review Remand Order, for that
dedicated transport element. Where Qwest is not required to provide unbundled
DS3 transport pursuant to Sections 4.2 or 4., CLEC may not obtain new
DS3 transport as unbundled network elements. Owest and CLEC will work
together to identify those circuits impacted between Non-Impaired Wire Centers.
Billinq.Subject to the provisions of 2.3 above , the 15%
transitional rate increment will be applied to CLECs bill as a manual adjustment
on the following bill cycle. The first bill adjustment will be applied to each
account based on the BTN and/or CKT per BAN with an effective bill date of
March 11 , 2005 on the first or second bill cycle following the contract execution
date.
Owest shall make available to CLEC a list of those Non-Impaired Wire Centers
that satisfy the above criteria and update that list as additional Wire Centers meet these
criteria.
1.4 Failure To Convert Non-Impaired Services - DS1 and DS3 UDIT.Absent CLEC
Transition of DS1 and DS3 Transport by March 10, 2006, Qwest will convert facilities to
month to month service arrangements in Qwest's Special Access Tariff. Owest will
make all reasonable efforts to ensure that conversions shall be implemented in a
seamless manner without any customer impacts or adverse effects to service quality.
CLEC is subject to back billing for the difference between the rates for the UNEs and
rates for the Qwest alternative service arrangements to ' March 11 , 2006. All appropriate
tariff charges in Section 5 of FCC No.1 associated with such conversions shall apply.
Failure To Convert Non-Impaired Services - OCn UDIT is removed as it does not
apply to CLEC's business plan.
Failure To Convert Non-Impaired Services - DS1 and DS3 E-UDIT and M-UDIT
is removed as it does not apply to CLEC's business plan.
Unbundled Dark Fiber (UDF) IOF
Dedicated dark fiber transport shall be made available to CLEC on
an unbundled basis as set forth in the Interconnection Agreement and as set
forth below. Dark fiber transport consists of unactivated optical interoffice
transmission facilities.
Owest shall unbundle dark fiber transport between any pair
of Qwest Wire Centers except where, through application of "Tier
classifications defined in Section 1.0 of this Amendment, both Wire
Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As
such , Qwest must unbundle dark fiber transport if a Wire Center on either
end of a requested Route is a Tier 3 Wire Center.
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1.2 Transition period for dark fiber transport circuits.For an
18-month period beginning on the effective date of the Triennial Review
Remand Order, any dark fiber dedicated transport UNE that a CLEC
leases from Qwest as of that date, but which Qwest is not obligated to
unbundle pursuant to Section 4., shall be available for lease from
Qwest at a rate equal to the higher of (1) 115 percent of the rate the
requesting carrier paid for the dedicated transport element on June 15,
2004, or (2) 115 percent of the rate the state commission has established
or establishes, if any, between June 16, 2004, and the effective date of
the Triennial Review Remand Order, for that dedicated transport element.
Where Qwest is not required to provide unbundled dark fiber transport
pursuant to Section 4.CLEC may not obtain new dark fiber
transport as unbundled network elements. Qwest and CLEC will work
together to identify those circuits impacted in Non-Impaired Wire Centers
and in the event that the Parties erroneously fail to identify one or more
dark fiber transport circuits being provided to CLEC, the Parties shall
work cooperatively to migrate customers and services from such circuits
prior to Qwest disconnecting that circuit.
1.7.Billinq.Subject to the provisions of 2 3 above, the 15%
transitional rate increment will be applied to CLECs bill as a manual
adjustment on the following bill cycle. The first bill adjustment will be
applied to each account based on the BTN and/or CKT per BAN with an
effective bill date of March 11 , 2005 on the first or second bill cycle
following the contract execution date.
1.4 Qwest shall make available to CLEC a list of those Non-
Impaired Wire Centers that satisfy the above criteria and update that list
as additional Wire Centers meet these criteria.
Failure To Convert Non-Impaired Services - UDF-IOF.
Absent CLEC Transition of UDF, as of September 10, 2006, Qwest will
or maintains the right to, begin the disconnection process of CLEC Dark
Fiber Facilities. The Parties shall work cooperatively to migrate
customers and services from such circuits prior to Qwest disconnecting
that circuit.
8 E-UDF and M-UDF (Meet Point Billed-UDF) Transition is removed as it
does not apply to CLEC's business plan.
Unbundled Local Switchina
Transition of Unbundled Local circuit Switching, including UNE-P Services
1 DSO Capacity (Mass Market)
Qwest is not required to provide access to local circuit Switching
on an unbundled basis to requesting telecommunications carriers for the purpose
of serving end-user customers using DSO capacity loops.
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Each requesting t~lecommunications carrier shall migrate its
embedded base of end-user customers off of the unbundled local circuit
Switching element to an alternative arrangement within twelve (12) months of the
effective date of the Triennial Review Remand Order.
Notwithstanding Section 5., for a twelve (12) month period
from the effective date of the Triennial Review Remand Order, Qwest shall
provide access to local, circuit Switching on an unbundled basis for a requesting
carrier to serve its embedded base of end-user customers. The price for
unbundled local circuit Switching in combination with unbundled DSO capacity
loops and shared transport obtained pursuant to this paragraph shall be the
higher of: (A) the rate at which the requesting carrier obtained that combination
of network elements on June 15, 2004 plus one dollar, or (8) the rate the state
public utility commission establishes , if any, between June 16, 2004, and the
effective date of the Triennial Review Remand Order, for that combination of
network elements, plus one dollar. Except for the transition period set forth in
Section 5.3, CLEC may not obtain new local Switching as an unbundled
network element. Qwest and CLEC will work together to identify those impacted
accounts.
Qwest shall provide a requesting telecommunications carrier with
nondiscriminatory access to signaling, call-related databases, and shared
transport facilities on an unbundled basis, in accordance with section 251 (c)(3) of
the Act, to the extent that local circuit Switching is required to be made available
pursuant to Section 5.3. These elements are defined as follows:
Signaling networks. Signaling networks include, but are
not limited to, signaling links and signaling transfer points.
1.4.Call-related databases.
(1) Call-related databases include, but are not limited to,
the calling name database, 911 database, E911 database
line information database toll free calling database
advanced intelligent network databases, and downstream
number portability databases by means of physical access
at the signaling transfer point linked to the unbundled
databases.
(2) Service management systems
5~ 1 .Shared transport.
Failure to Convert Non-Impaired Networks Elements - Mass
Market Switching is removed as it does not apply to CLEC's business plan.
2. Intentionally left blank.
Signaling Networks is removed as it does not apply to CLEC's business plan.
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Unbundled Network Element Combinations
Enhanced Extended Loop (EEL)
EEL is available. pursuant to CLEG's Agreement, the relevant loop and
transport terms and conditions of this amendment and the following terms and
conditions.
Transition for EEL CLEC represents that for any embedded EEL
ordered subsequent to the Party s TRO Review Order Amendment, CLEC has
provided the appropriate verification of the Service Eligibility Criteria. CLEC will
provide verification that all remaining embedded EELs meet the Service Eligibility
Criteria in GLEG's Agreement. Qwest account representatives will work with
CLEC on a plan to convert any non-compliant EEL to other service
arrangements.
Failure to Convert Non-Compliant EEL.Absent CLEC Transition
of non-compliant EEL within ninety (90) days of the Execution Date of this
Amendment, Qwest will convert services to alternate arrangements. CLEC is
subject to back billing for the difference between the rates for the UNEs and rates
for the Qwest alternative service arrangements to the 9151 day. CLEC is also
responsible for all non-recurring charges associated with such conversions.
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