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HomeMy WebLinkAbout20020829Amendment New Edge Networks.pdfSTOEL Of 5.Capitol Boulevard.Suite 1900 LLP fax 208.389.9040 ATTORNEYS AT LAW UTlUTIES COMMISSLON MARY S.HOBSON Direct (208)387-4277 August 29,2002 nishobson@stoel.com VIA HAND DELIVERY Ms.Jean Jewell,Secretary Idaho Public Utilities Commission 472 W.Washington Street Boise,Idaho 83720-0074 Re:CASE NO.USW-T-99-23ApplicationforApprovalof Amendment to Interconnection Agreement Dear Ms.Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and New EdgeNetworksisanoriginalandthree(3)copies of the Joint Application seeking approval of anamendmenttotheInterconnectionAgreementfortheStateofIdaho.The parties respectfullyrequestthatthismatterbeplacedontheCommissionDecisionMeetingAgendaforexpeditedapproval. Please contact me if you have any questions concerning the enclosed.Thank you for yourassistanceinthismatter. Very truly yours, Mary S.son :blg Enclosure Oregon Washington California Ut a h Boise-145799.1 0029164-00016 I d a ho Mary S.Hobson (ISB#2142) Stoel Rives LLP 2 2 ÃOG 29 ŸM 2:26 101 South Capitol Boulevard -Suite 1900 i D L I CBoise,ID 83702 UTILiilES COMMISSIONTelephone:(208)389-9000 Facsimile:(208)389-9040 Stacey Wadde,VP Carrier Relations New Edge Networks 3000 Columbia House Boulevard Vancouver,WA 98661 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CASE NO.USW-T-99-23 CORPORATION AND NEW EDGE NETWORKS FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C.§252(e) APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest")and New Edge Networks ("New Edge")herebyjointly file this Application for Approval of Amendment to Interconnection Agreement for the State of Idaho (the "Amendment").A copy of the Amendment is submitted herewith. This Amendment was reached through voluntarynegotiations 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 amendment;or the implementation of such an amendment (or portion)is not consistent with the public interest,convenience and necessity. New Edge and Qwest respectfullysubmit that this Amendment,which adds terms and conditions for DC Power Reduction Procedure;Collocation Transfer of Responsibility; APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT-Page 1 Boise-145791.1 0029164-00016 Collocation Decommission;and Collocation Cancellation,provides no basis for either of these fmdings,and,therefore jointly request that the Commission approve this Amendment expeditiously.This Amendment is consistent with the public interest as identified in the pro- competitive policies of the State of Idaho,the Commission,the United States Congress,and the Federal Communications Commission.Expeditious approval of this Amendment will enable New Edge to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. New Edge and Qwest further request that the Commission approve this Amendment without a hearing.Because this Amendment was reached through voluntarynegotiations,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 29th day of August,2002. Qwest Corporation Mary S.bson Stoel Rives LLP,Attorneys for Qwest and Stacey Wadde New Edge Networks APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT -Page 2 Boise-145791.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 296 day of August,2002,I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Ms.Jean Jewell,Secretary X Hand Delivery Idaho Public Utilities Commission U.S.Mail 472 West Washington Street Overnight Delivery Boise,Idaho 83720-0074 Facsimile Stacey Wadde,VP Carrier Relations Hand Delivery New Edge Networks X U.S.Mail 3000 Columbia House Boulevard Overnight Delivery Vancouver,WA 98661 Facsimile Qwest Corporation Hand Delivery Director -Interconnection Compliance X U.S.Mail 1801 California Street -Suite 2410 Overnight Delivery Denver,CO 80202 Facsimile Phone:(303)965-3029 Fax:(303)965-4667 hhiger@qwest.com Qwest Law Department Hand Delivery ATTN:Corporate Counsel -Interconnection X U.S.Mail 1801 California Street -4900 Overnight Delivery Denver,CO 80202 Facsimile Mary Sullivan Hand Delivery Legal Dept./Contract Development and Services X U.S.Mail Qwest Communications International,Inc.Overnight Delivery 7800 East Orchard Road -Suite 250 Facsimile Englewood,CO 80111 Phone:(303)793-6642 Facsimile:(303)793-6633 mmsulll uswest.com Brandi L.Gearhart,PLS Legal Secretary to Mary S.Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT --Page 3 Boise-145791.1 0029164-00016 Amendment for: DC Power Reduction Procedure;Collocation Transfer of Responsibility; Collocation Decommission;and Collocation Cancellation to the Interconnection Agreement between Qwest Corporation and New Edge Networks for the State of Idaho This is an Amendment ("Amendment")to the Interconnection Agreement between Qwest Corporation ("Qwest"),a Colorado corporation,and New Edge Network,Inc.dba New EdgeNetworks("CLEC"),a Delaware corporation.Qwest and CLEC shall be known jointly as the "Parties". RECITALS WHEREAS,the Parties recently entered into a new Interconnection Agreement for service in the State of Idaho ("Agreement");and WHEREAS,the Parties wish to amend the aforementioned Agreement by adding the terms andconditionscontainedherein;and WHEREAS,the Agreement and this Amendment will be filed concurrentlywith the Idaho PublicUtilitiesCommission("Commission"). 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 the terms and conditions (and associated rates where applicable)for DC Power Reduction Procedure,Collocation Transfer of Responsibility, Collocation Decommission and Collocation Cancellation as set forth in Attachments 1 through 4, and Exhibit A,attached hereto and incorporated herein. Effective Date This Amendment shall be deemed effective upon Commission approval;however,the Parties may agree to implement the provisions of this Amendment upon execution.To accommodate this need,CLEC must generate,if necessary,an updated Customer Questionnaire.In addition to the Questionnaire,all system updates will need to be completed by Qwest.CLEC will benotifiedwhenallsystemchangeshavebeenmade.Actual order processing may begin once these requirements have been met. August 7,2002/msd/New Edge Networks -ID Page 1Multi-Service Amendment to CDS-020731-0015 Amendments;Waivers The provisions of this Amendment,including the provisions of this sentence,may not beamended,modified or supplemented,and waivers or consents to departures from the provisionsofthisAmendmentmaynotbegivenwithoutthewrittenconsenttheretobybothParties'authorized representative.No waiver by any party of any default,misrepresentation,or breachofwarrantyorcovenanthereunder,whether intentional or not,will be deemed to extend to anypriororsubsequentdefault,misrepresentation,or breach of warranty or covenant hereunder oraffectinanywayanyrightsarisingbyvirtueofanypriororsubsequentsuchoccurrence. Entire Agreement This Amendment (including the documents referred to herein)constitutes the full and entireunderstandingandagreementbetweenthePartieswithregardtothesubjectsofthisAmendmentandsupersedesanypriorunderstandings,agreements,amendments,orrepresentationsbyorbetweentheParties,written or oral,to the extent they relate in any way to the subjects of this Amendment. The Parties intending to be legally bound have executed this Amendment as of the dates setforthbelow,in multiple counterparts,each of which is deemed an original,but all of which shallconstituteoneandthesameinstrument. New Edge Networks Qwest Corporation Authorized Signature Authorized Signature L.T.Christensen Name Printed ped Name Printed/Typed rc (tad.†e Director -Business PolicyTitleTitle Date Date August 7,2002/msd/New Edge Networks -ID Page 2Multi-Service Amendment to CDS-020731-0015 Attachment 1 ATTACHMENT 1 DC POWER REDUCTION PROCEDURE 1.0 Description 1.1 Qwest's Power Reduction Procedure offers CLEC the option to reserve a fuse orbreakerpositiononthepowerboardorBatteryDistributionFuseBay(BDFB)when reducing a multiple feed to zero.CLEC's payment of the Monthly Power Maintenance charge will provide an option to hold the existing power cabling and fuse position for the CLEC's future poweraugmentrequestsasdescribedinsection2.6 below. 2.0 Terms and Conditions 2.1 If a CLEC wishes to reduce its amount of power and will not require it for future use, Qwest will process the request as a standard augment order and not as a DC Power Reduction request. 2.2 Applications for DC Power Reduction may be submitted only for collocation sites that have been previously accepted by the CLEC.Power reductions to sites under construction or for sites not previously accepted by the CLEC,will follow standard change or augment procedures and rates. 2.3 Before submitting a power reduction application,CLEC's financial obligations with respect to the collocation site must be current,with the exception of formally disputed charges. CLEC's financial obligations include payment of one hundred percent (100%)of all non- recurring quoted charges for the collocation site and all applicable monthly recurring charges that are more than 30 days past due. 2.4 Collocation applications for new,change and augment requests must be submitted to the Collocation Project Management Center (CPMC)on the form provided by Qwest at www.qwest.co./wholsale/pcat/collocation.html.apform.The CPMC will notify the CLEC of any deficiencies in the application within ten (10)days of receipt.A nonrefundable Quote Preparation Fee (QPF)in the amount reflected in CLEC's Interconnection Agreement must be submitted with the application. 2.5 A walk through will be performed prior to quote preparation to determine the amount of work required to perform the power reduction. 2.6 When eliminating a secondary feed,CLEC may purchase the option to have the power cable and fuse position held for its future use.CLEC will be required to pay a monthly Power Maintenance Charge until such time as CLEC notifies Qwest that it wishes either to reenergize the feed or to discontinue the option.In instances where a shortage of fuse position is imminent,Qwest reserves the right to notify CLEC of the need to exercise its option or relinquish the fuse position to Qwest.Upon receipt of such notification,CLEC will have the option of energizing the secondary feed to at least 20 amps or returning the fuse position to Qwest within thirty (30)days of receipt of the notification. 2.7 CLEC assumes all responsibility for outages and/or impacts to CLEC-provided service and equipment due to the reduction in DC Power. August 7,2002/msd/New Edge Networks -ID Page 3 Multi-Service Amendment to CDS-020731-0015 Attachment i 2.8 Restoration of the desired power is contingent upon desired power and fuse position availability. 3.0 Rate Structure 3.1 Collocation charges will be based upon the information provided to Qwest by CLEC on the Collocation Application Form.Below is an example of additional charges that are unique to a Power Reduction Request and will be provided to CLEC via a quote: 3.1.2 Based on this evaluation of work provided in the quote,the rates provided in Exhibit A to this Amendment will apply.One QPF per application/per collocation site will be charged.When multiple feeds at the same collocation space are reduced or eliminated,CLEC will pay one QPF.Other nonrecurring and recurring charges may apply as reflected in CLEC's Interconnection Agreement. 3.1.3 Qwest will provide CLEC a quote for additional nonrecurring charges associated with the Power Reduction Procedure based upon the rates provided in Exhibit A.All quoted nonrecurring charges must be paid within thirty (30)Days from the quote.Such payment constitutes CLEC's quote acceptance and authorizes Qwest to perform the work to effect the requested power reduction. 3.1.4 Billing to CLEC for initial power value at the collocation site will be modified to reflect the reduced amount upon receipt of payment of the quoted charges and will be made effective back to the date of acceptance of the Power Reduction Application by the CPMC. 3.1.5 Recurring billing for the Power Maintenance Charge will terminate on the day CLEC energizes the feed or returns the fuse position to Qwest. 3.2 Non-recurring Charges 3.2.1 QPF:Includes the cost of performing a feasibility study and producing the quote for fulfilling the Power Reduction request.It covers the project,order and support management associated with the administrative functions of processing the request. 3.2.2 Power Reduction Charge:Includes costs associated with reducing the fuselbreaker size.Rates are categorized in this manner based upon the work involved and power distribution point (e.g.,BDFB or power board)and are set forth in Exhibit A of CLEC's Interconnection Agreement.Where additional work is needed,such as rewiring the power lead at the power source (or some cases may require relocation of the feed), rates will be calculated on an Individual Case Basis (ICB)basis.These rates will be provided to CLEC on the quote prior to work beginning. 3.2.3 Power Restoration Charge (assessed if power is restored):ICB Charge associated with restoring the power cable to the power source and is contingent upon whether the desired power and fuse position is available.Qwest will evaluate work required to perform the Power Restoration request and provide CLEC a quote utilizing standard power element charges (for example,DC power usage,labor,and cabling charges)included in Exhibit A of CLEC's Interconnection Agreement. August 7,2002/msd/New Edge Networks -ID Page 4 Multi-Senrice Amendment to CDS-020731-0015 Attachment 1 3.3 Recurring Charges 3.3.1 Power Maintenance Charge:Monthly recurring charge associated with option to hold the power infrastructure from a secondary feed in place for potential CLEC requests. 4.0 Orderinq 4.1 CLEC should submit the "Collocation Application for New,Augment or Change"and indicate specific power feeds to be reduced (e.g.,eliminate or reduce multiple feeds from 60 to zero amps or reduce main feed from 60 to 20 amps).Under the "type of request"category CLEC should indicate that this is an Augment. August 7,2002/msd/New Edge Networks -ID Page 5 Multi-Service Amendment to CDS-020731-0015 Attachment 2 ATTACHMENT 2 COLLOCATION TRANSFER OF RESPONSIBILITY 1.0 Description 1.1 Transfer of Responsibility refers to the transfer of a Collocation site to an assuming CLEC or from a vacating CLEC subject to the conditions set forth herein.A Transfer of Responsibility Collocation site is identified via the vacating CLEC's 11 character CLLI M COde. 1.2 Transfer of Responsibility is offered for Caged Physical,Cageless Physical,and Virtual Collocation. 1.3 All other types of Collocation to be transferred will be handled on an Individual Case Basis (lCB)by contacting the appropriate Qwest Wholesale Project Manager (WPM). 1.4 There are two types of Transfer of Responsibility: 1.4.1 Transfer of Responsibility without working circuits -there are no active terminations (e.g.,Digital Signal Level 0 (DSO),Digital Signal Level 1 (DS1))for the Collocation site to be transferred. 1.4.2 Transfer of Responsibility with working circuits -active terminations (e.g.,DSO, DS1)are associated with the Collocation site to be transferred. 1.5 Transfer of Responsibility with working circuits is offered if only administrative changes are required and the transfer does not involve translations activity that need to be processed in conjunction with the transfer.If the CLEC's transfer plans allow for the completion of the Transfer of Responsibility prior to the translation activity,then the transfer request would be permissible within the product offering. 1.6 A request for Transfer of Responsibility is irrevocable upon one hundred percent (100%) payment by the assuming CLEC of the nonrecurring Collocation transfer charges reflected on the quote. 2.0 Terms and Conditions 2.1 A Collocation site is considered eligible for Transfer of Responsibility only after Qwest completes the site build-out and the vacating CLEC has accepted the site. 2.2 Assuming CLEC is required to have an Interconnection Agreement with Qwest prior to submitting a Transfer of Responsibility request.Assuming CLEC will need to amend any previously-existing Interconnection Agreement prior to submitting a Transfer of Responsibility request if it does not contain the Terms and Conditions and rate elements for the services that will be transferred. 2.2.1 If vacating CLEC has filed for bankruptcy,assuming CLEC must comply with 11 U.S.C.Section 365. 2.3 Both vacating and assuming CLEC's Interconnection Agreement with Qwest must contain finalized terms and conditions associated with the Transfer of Responsibility of a Collocation site and all associated services. August 7,2002/msd/New Edge Networks -ID Page 6 Multi-Service Amendment to CDS-020731-0015 Attachment 2 2.4 The Collocation site referenced in the Transfer of Responsibility request will be transferred "as is"and in its entirety.This includes,but is not limited to,entrance facilities (from the Point of Interface (POI)utility hole),Splitters,cables,and working circuits (if applicable). Terms and conditions pertaining to the transfer of equipment between the vacating and assuming CLECs will be the responsibility of the vacating and assuming CLECs. 2.5 The 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),Customer address,phone number,billing and contact information,and contract number. The 11 character CLEC CLLim code will remain the same.The Transfer of Responsibility request may not include translations work for associated working circuits. 2.6 The Transfer of Responsibility request is available if there are no space requests pending by a CLEC or Qwest,or if the vacating and assuming CLEC were affiliate corporate entities prior to the proposed transfer,or the transfer is due to a bankruptcy court order. Collocation Transfer of Responsibility is not available if another CLEC and/or Qwest are in waiting queue for available space within the requested Central Office. 2.7 The negotiation of the transfer terms and conditions between the vacating CLEC and the assuming CLEC is the responsibility of those two Parties.Qwest does not padicipate in these discussions.Qwest will only manage the database and records transfer. 2.8 Qwest is not responsible for the physical condition of the CLEC's equipment,with the exception of equipment associated with a Virtual Collocation site,as set forth in CLECs' Interconnection Agreement. 2.9 If a CLEC submits a Transfer of Responsibility request for a site that has a related Splitter Collocation associated with it,the Splitter Collocation will be transferred as part of the Transfer of Responsibility. 2.10 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,it will be handled on an ICB and could affect the Ready for Service (RFS)date. 2.11 Submission of Collocation augment orders will be restricted from the time that the Application for Transfer of Responsibility has been validated until the assuming CLEC has accepted the quote for the Transfer of Responsibility. 2.12 All work in progress related to the Collocation site and/or associated working circuits (if applicable)must either be completed or cancelled by vacating CLEC prior to quote acceptance. 2.13 If vacating CLEC does not lease another physical Collocation site at the specified Central Office at the time of the Transfer of Responsibility request,then vacating CLEC must relinquish security access to the building. 2.14 CLEC's obligations: 2.14.1 Prior to submitting a Transfer of Responsibility request,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.The vacating CLEC's financial obligations will include payment of one hundred percent (100%)of all nonrecurring charges and all applicable recurring charges for the specific Collocation account that are August 7,2002/msd/New Edge Networks -ID Page 7 Multi-Service Amendment to CDS-020731-0015 Attachment 2 more than 30 days past due. 2.14.2 Prior to submitting a Transfer of Responsibility request,the assuming CLEC's financial obligations to Qwest must be in good standing. 2.14.3 Prior to submitting a Transfer of Responsibility (without working circuits)request, vacating CLEC must ensure that no live circuits exist at the Collocation site to be transferred. 2.14.4 Prior to transferring a Collocation site with working circuits,vacating CLEC must notify,in writing,all of its current end-users and service customers that utilize its Transfer of Responsibility Collocation site equipment or facilities of the transfer of service to the assuming CLEC,unless vacating CLEC has a waiver from the FCC. 2.14.5 Vacating and/or assuming CLEC will be responsible for submitting Local Service Request (LSR)orders for Unbundled Loops,Enhanced Extended Loops (EELs),Line Sharing,and Line Splitting.Orders to transfer Local Interconnection Service (LIS)trunks and ancillary services (e.g.,SS7,911,Operator Services)with no translation activity,as well as Dark Fiber,Private Line,and Access circuits,will be processed based on the information provided in the Transfer of Responsibility Spreadsheet found in the Product Prerequisite section of the Collocation General PCAT. 2.14.6 Assuming CLEC is responsible for Directory Assistance (DA),Operator Services (OS),Directory Listings (DL),Busy Line Verify/Busy Line Interrupt (BLVlBLI),and 911 changes,if applicable.Any additional SS7 changes will need to be made after the transfer is complete. 2.15 Required documentation: 2.15.1 Transfer of Responsibility Application Form. 2.15.2 Vacating CLEC must send Qwest an e-mail notification (if the transfer includes working circuits),along with the Transfer of Responsibility Application,representing to Qwest that all of its end-users and service customers have been properly notified (refer to section 2.14.4).An exception is if the CLEC has a waiver from the FCC,which would then need to be included with the Transfer of Responsibility request. 2.15.3 Vacating and assuming CLEC must provide Qwest,along with the Transfer of Responsibility Application,a signed Qwest Transfer Authorization Agreement.Required information on the Qwest Transfer Authorization Agreement:Qwest Central Office Name,applicable CLLI=codes,Collocation BAN numbers,and charges (as provided by Qwest)for the transfer of the Collocation site. 2.15.4 If there are working circuits associated with the Collocation site to be transferred, the vacating or assuming CLEC must complete the Transfer of Responsibility Spreadsheet and submit it along with the Transfer of ResponsibilityApplication. 2.15.5 If Collocation site being transferred has a CLEC-to-CLEC (Direct)arrangement, then the CLEC submitting the Transfer of Responsibility must submit a Letter of Authorization (LOA),along with the Transfer of Responsibility Application,signed by both the vacating CLEC and the CLEC partner authorizing the transfer of the CLEC-to- CLEC service to the assuming CLEC.A separate LOA is required,as a condition precedent,for each separate CLEC-to-CLEC relationship with respect to the facility that August 7,2002/msd/New Edge Networks -ID Page 8 Multi-Senrice Amendment to CDS-020731-0015 Attachment 2 is the subject matter of the Transfer of Responsibility Application. 2.15.6 Once Collocation site transfer is complete the vacating CLEC,assuming CLEC, and Qwest are all required to sign the Qwest Services Transfer Agreement. 3.0 Rate Elements 3.1 Vacating CLEC will not incur charges for the transfer of the Collocation site. 3.2 Assuming CLEC's 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,and Network Systems Administrative Fee. 3.3 Nonrecurring charge for processing Interconnection circuits. 4.0 Orderinq 4.1 The Transfer of Responsibility process requires submission of the Transfer of Responsibility Application Form containing information for both the vacating and the assuming CLEC. 4.2 The Transfer of Responsibility Application Form can be found on Qwest's web site at: http://www.qwest.com/wholesale/pcat/collocation.html. 4.3 The Transfer of Responsibility request should be submitted to colo@qwest.com and dsmet@qwest.comsimultaneously. 5.0 Billinq 5.1 Vacating CLEC is obligated to pay all recurring charges associated with the Collocation until Qwest completes the Transfer of Responsibility request.When the RFS date is met, Qwest will begin to bill the assuming CLEC for all recurring billing,charges based on the CLEC's Interconnection Agreement,and cease the recurring billing for the vacating CLEC. 5.2 Assuming CLEC will be responsible for the monthlycharges for the working circuits and charges for the transfer of the working circuits (if applicable). CLLI=is a registered trademark of Telcordia August 7,2002/msd/New Edge Networks -ID Page 9 Multi-Service Amendment to CDS-020731-0015 Attachment 3 ATTACHMENT 3 COLLOCATIONDECOMMISSION 1.0 Description 1.1 Decommissioning refers to the deactivation of a Collocation site occupied by CLEC and removal of CLEC equipment there from. 1.2 Decommissioning is offered for Caged Physical,Cageless Physical,Virtual,and ICDF Collocation. 1.3 All other types of collocation to be decommissioned will be handled on an Individual Case Basis (ICB)by contacting the appropriate Qwest Wholesale Project Manager (WPM). 1.4 A request for Decommissioning is irrevocable once Qwest accepts the application. 2.0 Terms and Conditions 2.1 A Collocation site will be considered eligible for decommissioning after the site is built- out and accepted by CLEC.See completion and account billing process in the Qwest Product Catalog (PCAT). 2.2 Qwest requests the vacating CLEC remove equipment prior to submitting a DecommissioningRequest. 2.3 If CLEC does not remove equipment within thirty calendar days from Qwest's acceptance of the Decommissioning Application,Qwest will send a notification stating the equipment is considered abandoned. 2.3.1 Upon receiving notification of abandonment from Qwest,CLEC will have fifteen calendar days to notify Qwest that the equipment is not abandoned and remove equipment. 2.3.2 Qwest will review CLEC responses and assess if the equipment has been abandoned in Qwest's reasonable discretion.If CLEC does not remove the equipment in question and Qwest determines that the same has been abandoned,Qwest will send a final notification and bill for the labor charges associated with Qwest's removal of the abandoned equipment. 2.3.3 In the case of Virtual Collocation,Qwest will automatically remove all equipment within ninety calendar days. 2.3.3.1 Qwest will negotiate with CLEC for the pick up of the equipment. 2.3.3.2 For Virtual Collocation,there will be no cost for the removal of CLEC equipment. 2.4 Prior to submitting a Decommissioning Request,financial obligations with respect to the collocation site to be decommissioned must be current,with the exception of formally disputed charges. August 7,2002/msd/New Edge Networks -ID Page 10 Multi-Service Amendment to CDS-020731-0015 Attachment 3 2.4.1 CLEC financial obligations include payment of 100%of all non-recurring quoted charges and all applicable monthly recurring charges that are more than 30 days past due. 2.5 CLEC must disconnect all services from the Collocation site to be decommissioned prior to submitting the Decommissioning Request.Services to be disconnected by CLEC include,but are not limited to:Unbundled Network Elements,administrative lines,finished services,and line sharing services.Services will need to be disconnected via ASR/LSR.If CLEC does not disconnect services,all charges with respect to such site will continue to accrue and the Decommissioning Application will be rejected. 2.6 Prior to disconnecting the circuits associated with the Collocation site CLEC must notify, in writing,all current End User Customers of the discontinuation of service. 2.7 CLEC must submit an e-mail notification attached to the Decommissioning Request representing to Qwest that all End User Customers have been properly notified.Failure to include such representation will result in the rejection of the Decommissioning Request. 2.8 Terms in the Interconnection Agreement with Qwest must contain finalized terms and conditions associated with the decommissioning of a collocation site. 2.9 When submitting a Decommissioning Request for a Collocation site that also has a Direct CLEC-to-CLEC arrangement: 2.9.1 Qwest requires that the Direct CLEC-to-CLEC Connection be disconnected at the same time that Qwest pedorms the decommissioning. 2.9.2 The CLEC submitting the Decommissioning Request must: 2.9.2.1 Submit a Letter of Authorization signed by both the vacating CLEC and partnering CLEC that authorizes Qwest to disconnect the installed Direct CLEC- to-CLEC cabling. 2.9.2.2 If a copy of the required Letter of Authorization is not attached to the Decommissioning Request;the application will be rejected as incomplete. 2.10 CLEC will be eligible for reimbursements on the re-usable elements (cable terminations including:DSO,DS1,DS3,fiber terminations,and splitter cabling)for up to one calendar year from the Decommission Application submit date.An inventory will be completed by Qwest and furnished within 90 calendar days of the Decommission Application acceptance identifying the re-useable elements and the potential credit. 2.11 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. 3.0 Rate Elements 3.1 Under the standard terms of the Facility Decommissioning Agreement,Qwest will not charge for the decommissioning service provided herein,unless equipment has been abandoned or the Collocation space has not been returned to turnover condition. August 7,2002/msd/New Edge Networks -ID Page 11 Multi-Service Amendment to CDS-020731-0015 Attachment 3 3.1.1 Miscellaneous labor hourly charges as defined in the attached Exhibit A will apply. 3.1.2 Additional dispatch charges,will apply for unmanned offices,as defined in the attached Exhibit A. 4.0 Ordering 4.1 The decommission process requires the submission of a "Cancellation,Decommission, Change of Responsibility Application Form". 4.1.1 The Application form is located on the Qwest web at: http://www.qwest.com/wholesale/pcat/collocation.html. 4.1.2 The Decommissioning Application should be submitted to:colo(d)qwest.com and dsmet@qwest.com. 4.1.3 Qwest will notify CLEC within one business day if the prerequisites have been met.Qwest will validate the order within two business days from receipt of the application. August 7,2002/msd/New Edge Networks -ID Page 12 Multi-Service Amendment to CDS-020731-0015 Attachment 4 ATTACHMENT 4 COLLOCATIONCANCELLATION 1.0 Description 1.1 Cancellation is available for all Collocation sites under a particular Billing Authorization Number (BAN)for which the CLEC has NOT received notification of completion from Qwest.A Cancellation will only occur upon request by the canceling CLEC. 1.2 Cancellation is offered for Caged Physical,Cageless Physical,Virtual,and ICDF Collocation. 1.3 All other types of collocation to be cancelled will be handled on an Individual Case Basis (ICB)by contacting the appropriate Qwest Wholesale Collocation Project Manager. 1.4 A request for Cancellation is irrevocable once Qwest has accepted the application. 2.0 Terms and Conditions 2.1 The canceling CLEC may only submit a Cancellation Application if a Collocation quote has been accepted and the initial payment has been paid.The collocation Cancellation may only be initiated if the Collocation job is in progress and not yet complete. 2.2 Qwest will stop work on a job in progress upon receipt and acceptance by Qwest of a valid Cancellation Application. 2.3 Based on when the Cancellation Application is received by Qwest,the completion status of the Collocation job and the determination of the amount paid to Qwest,the following will occur:Qwest will cancel the Collocation job in progress,conduct an inventory,and issue a final revised quote setting forth the amount due or the appropriate adjustments.The revised final quote will be issued within 30 calendar days of Qwest's acceptance of the Cancellation Application. 2.4 The Quote Preparation Fee (QPF)for the original Collocation Request must be paid,if the job is cancelled. 2.5 In the event Splitter Collocation with the BAN of the collocation site is to be canceled, such Splitter Collocation will be cancelled automatically pursuant to the submitted Cancellation Application. 2.6 In the event that CLEC has requested Direct CLEC-to-CLEC with the BAN of the collocation site to be cancelled,such Direct CLEC-to-CLEC will be cancelled automatically pursuant to the submitted Cancellation Application. 3.0 Rate Elements 3.1 Pursuant to the standard terms of the Facility Cancellation Agreement,Qwest will not charge for the cancellation service except as specifically provided herein. August 7,2002/msd/New Edge Networks -ID Page 13 Multi-Service Amendment to CDS-020731-0015 Attachment 4 4.0 Orderinq 4.1 Cancellation requires submission of a "Cancellation,Decommission,and Change of Responsibility Application Form". 4.1.1 The Application form is located on the Qwest web site at: http://www.gwest.com/wholesale/pact/collocation.html. 4.1.2 The Application must be submitted to colo@qwest.com and rfsmet@qwest.com 4.1.3 Qwest will follow its standard Cancellation order validation procedures,providing acknowledgment of acceptance or rejection within one business day of receipt of a valid and complete Application. August 7,2002/msd/New Edge Networks -ID Page 14 Multi-Service Amendment to CDS-020731-0015 Exhibit A EXHIBIT A DC POWER REDUCTION PROCEDURE Power Feed initial Voltage 'Work Performed ApplicableChargesTypeValue Reduce Primary Initial amount less Changing fuse QPF-$441.00 (approximate) or secondary than 60 amps value at BDFB-Power reduction charge feed value Note:Must maintain No cabling work $346.00 (in Interconnection 20 amp minimum required.Agreement) primary feed.Total Charge:$787.00 Initial feed at power Changing breaker QPF-$441.00 (approximate) board and with at Power plant Power reduction charge reduction cable .$587.00 (in Interconnection stays at power Agreement) board.Total Charge:$1028.00 Reduction of power Requires power Walk through will detail work requires a change in cabling changes and elements needed to location from power and detailed perform reduction.Quote will board to BDFB.engineering work be provided on an ICB utilizing performed.standard power element charges (DC power usage, cabling etc.)as defined in CLEC's Interconnection Agreement. Secondary May be reduced to Power restored to $68.92 is added to above Feed zero and held in Qwest inventory.nonrecurring power reduction place for future based on initial value of augment requests.secondary feed. QPF-$441.00 Fuse position and Monthly recurring charges of cabling held for $37.00 to hold fuse position. future use. Category Description Rates/Charges Power Qwest will evaluate work required to ICB Charge with standard Restoration perform Power Restoration of the power power element charges (e.g., cable to the power source contingent on DC power usage,labor,and whether the desired power and fuse cabling charges)as defined in position is available.Exhibit A of CLEC's Interconnection Agreement. August 7,2002/msd/New Edge Networks -ID Page 15 Multi-Service Amendment to CDS-020731-0015 Exhibit A EXHIBIT A COLLOCATION TRANSFER OF RESPONSIBILITY Idaho Recurring onrecurring Notes 7.0 Interconnection Facility Options 7.x.x Collocation Transfer of Responsibility of Wireline & Wireless Interconnection Service Trunks Per Trunk Group $32.80 Per Facility Circuit $32.80 8.0 Collocation 8.1 AII Collocation 8.1.17 Transfer of Responsibility Assessment Fee $1,058.00 * Network Systems Administration Fee $1,663.00 * 9.0 Unbundled Network Elements 9.x.x Collocation Transfer of Responsibility of Unbundled $32.80 Loop,per circuit 9.x.x Collocation Transfer of Responsibility of Sub Loop $32.80 and Shared Distribution Loop,per circuit 9.x.x Collocation Transfer of Responsibility of Line $32.80 Sharing,Line Splitting,and Line Partitioning per circuit 9.x.x Collocation Transfer of Responsibility of Unbundled $32.80 Dedicated Interoffice Transport,per circuit 9.x.x Collocation Transfer of Responsibility of Unbundled $32.80 Dark Fiber,per pair 9.x.x Collocation Transfer of Responsibility of Enhanced $32.80 Extended Loop/Loop MUX Combination,per circuit 9.x.x Collocation Transfer of Responsibility of Loop $32.80 Splitting,per circuit *These rates are loaded for the Qwest region. August 7,2002/msd/New Edge Networks -ID Page 16 Multi-Service Amendment to CDS-020731-0015 Exhibit A EXHIBIT A COLLOCATION DECOMMISSION Idaho Recurring Nonrecurring Notes *Per 1/2 hour or fraction thereof *Additional Labor Other -Basic $28.50 1 *Additional Labor Other -Overtime $38.06 1 *Additional Labor Other -Premium $47.64 1 Additional Dispatch $86.88 1 [1]Rates addressed in Cost Docket 6/29/01.(TELRIC) August 7,2002/msd/New Edge Networks -ID Page 17 Multi-Service Amendment to CDS-020731-0015