20080605Amendment.pdf

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Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile (206) 343-040
D
Maura E. Peterson
Paralegal
Regulatory Law
Qwest~
Spirit of Service~
Via Overnight delivery
June 3, 2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-04-05
Application for Approval of Amendment to the Interconnection Agreement
aardisServices
Dear Ms. Jewell:
Enclosed for fiing 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 thO a er.
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.com
-5 Pr"i 2= 53
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE- T-04-5
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
Utilities Commission on March 31,2004 (the "Agreement"). The Amendment with
aadisServices 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)ofthe Act directs that a state Commission may reject an amendment
reached through voluntar negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carier not a pary to ths
agreement; or the iinplementation 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 AmeIldm.ent is consistent with the public interest as identified in the pro-competitive
policies ofthe State ofIdaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
aardisServices
TRRO Amendment
aadisServices to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest fuher requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a pary to the negotiations.
Expeditious approval would fuher the public interest
Respectfully submitted this i:l1day of June, 2008.Qw~
Adam L. Sherr
Attorney for Qwest
--
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
aardisServices
TRRO Amendment
CERTIFICATE OF SERVICE
I hereby certify that on this S CO day of June, 2008, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j j ewell(ipuc.state.id. us
Hand Delivery
U. S. Mail
X Overnght Delivery
Facsimile
Email
Bruce King
aardisServices
422 South C Street, Box 65
Grangevile, ID 83530
Hand Delivery
X U. S. Mail
Overnght Delivery
Facsimile
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
aardisServices
TRRO Amendment
Triennial Review Order and Triennial Review Remand Order
("TROITRRO") Amendmentto the Interconnection Agreement between
Qwest Corporation
and
aardisServices
for the State of Idaho
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JUN -5 Pi; 2= S3
This is an Amendment ("Amendment") to incorporate the Triennial Review Order ("TRO") and
the Triennial Review Remand Order ("TRRO") into the Interconnection Agreement between
Owest Corporation ("Owest"), a Colorado corporation, and aardisServices ("CLEC"). Owest and
CLEC shall be known jointly as the "Parties".
RECITALS
WHEREAS, the Parties 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, that was approved by the Idaho Public Utilities Commission ("Commission")
on March 31, 2004, as referenced in Case No. OWE-T-04-5; 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 of
Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capabilty, CC Docket Nos. 01-338, 96-98 and 98-147, (effective October
2, 2003) ("TRO"); 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 Owests obligation to make certain UNEs available under Section 251 (c)(3) of
the Act; and
WHEREAS, the TRO and TRRO Decision, individually and together ("Decisions") materially
modify Owests obligations under the Act with respect to, among other things, Owests
requirement to offer certain UNEs; and
WHEREAS, the Parties do not believe CLEC has any facilties impacted by the Decisions but
wish to amend the Agreement to comply with the Decisions and hereby agree to do so under
the terms and conditions contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
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.
February 22, 2008/msd/aardisServicesITRO- TRR02/ID
Amendment to CDS-040210-u002 - (v 3-13-07)1
II. Limitations.
Nothing in this Amendment shall 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. Nothing in this Amendment shall preclude or estop Owest or
CLEC from taking any position in any forum concerning the proper interpretation or effect of
Decisions or concerning whether the Decisions should be changed, vacated, dismissed, stayed
or modified.
II. Conflicts.
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement, this Amendment shall control, provided, however, that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted as, or
deemed a grounds for finding, a conflict for purposes of this Section IIi.
IV. Scope.
This Amendment shall amend, modify and revise the Agreement only to the extent the UNEs
listed in Attachment 1 are included in the Agreement and, except to the extent set forth in
Section i and Section II of this Amendment, the terms and provisions of the Agreement shall
remain in full force and effect after the execution date.
V. 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, wil 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 Agreement.
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
February 22, 2008/msd/aardisServicesIRO-TRR02/ID
Amendment to CDS-04021 0-0002 - (v 3-13-07)2
VII. Entire Agreement.
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Pa'riies intenc:ingtObêíêgålIyf)öundlíåvÈi"exêcùted this~AìTlêlfldrñenf 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.
COMPANY
Signature
(3 f'e- \ l. i n 8 '
Name Printedrryped
Sr, BC'JE6r L~¿V'
Title2K~ 2008:
Date
3-8-07-TRO and TRRO AmendmenUCOMPANY/STATE
Amendment to CDS-OOOOOO-OOOO
Signature
L. T. Christensen
Name Printedrryped
Director- Interconnection Agreements
Title
Date ¥ifr¥
3
J
ATTACHMENT 1
Table of Contents
RECITALS ..........................................................................................................1
TABLE OF CONTENTS............................................................................................ 4
1.0 DEFINITIONS...............................................................................................5
2.0 UNBUNDLED NElWORK ELEMENTS (UNE) GENERAL..................................... 7
3.0 UNBUNDLED Loop .................................................................................... 13
4.0 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)......................... 18
5.0 UNBUNDLED LOCAL SWITCHING................................................................. 19
6.0 UNBUNDLED NElWORK ELEMENT COMBINATIONS....................................... 19
7.0 RATCHETING ............................................................................................23
8.0 ROUTINE NElWORK MODIFiCATIONS.......................................................... 24
February 22, 2008/msd/aardisServicesITRO-TRR02/ID
Amendment to CDS-04021 0-0002 - (v 3-13-07)4
ATTACHMENT 1
1.0 Definitions
"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 talles (1) shall include only those access lines connecting End User Customers
with Qwest end-offces 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.
"Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services
that a requesting Telecommunications Carrier has obtained at wholesale from Qwest, or the
combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilties or services.
"Commingle" means the act of Commingling.
"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.
"Dedicated Transport" is Qwest transmission facilities between wire centers or switches owned
by Qwest, or between wire centers or switches owned by Qwest and switches owned by
requesting telecommunications carriers, including, but not limited to, DS1-, DS3-, and OCn-
capacity level services, as well as dark fiber, dedicated to a particular customer or carrier.
"Fiber-based Collocator" means any carrier, unaffliated 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 part
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 affliated 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.S.C. § 153(1) and any relevant interpretation in this Title.
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Cf. Modification of Final Judgment, § IV(K), reprinted in United States v. Am.
Tel. & Tel. Co., 552 F. Supp. 131, 229 (D.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").
"Long Distance Service" (see "Interexchange Service").
February 22, 2008/msd/aardisServicesITRO-TRR02lID
Amendment to CDS-04021 0-0002 - (v 3-13-07)5
ATTACHMENT 1
"Mobile Wireless Service" means all mobile wireless telecommunications services, including
commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Non-impaired Wire Center" - A 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 Qwests Wire Centers or switches and another of
Qwests Wire Centers or Switches. A Route between two (2) points (e.g., Wire Center or Switch
"A" and Wire Center or Switch "Z") may pass through one (1) or more intermediate Wire Centers
or Switches (e.g., Wire Center or Switch "X"). Transmission paths between identical end points
(e.g., Wire Center or Switch "A" and Wire Center or Switch "Z") are the same "route,"
irrespective of whether they pass through the same intermediate Wire Centers or Switches, if
any.
"Triennial Review Remand Order" The Triennial Review Remand Order is the FCC's Order on
Remand in CC Docket Nos. ()1-338 and 04-313 (released February 4, 2005).
"Unbundled Network Element" (UNE) is a Network Element that has been defined by the FCC
as a Network Element to which Qwest is obligated under Section 251 (c)(3) of the Act to provide
unbundled access or for which unbundled accss is provided under CLEC's Agreement and
under this Amendment. Unbundled Network Elements do not include those Network Elements
Qwest is obligated to provide only pursuant to Section 271 of the Act.
"Wire centet' A wire center is the location of a Qwest local Switching facility containing one or
more central offces, as defined in the Appendix to part 36 of Chapter I to Title 47 of the Code of
Federal Regulations. 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 Qwest 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 Qwest 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.
February 22, 2008/msd/aardisServicesfTRO- TRR0211D
Amendment to CDS-04021 0-0002 - (v 3-13-07)6
ATTACHMENT 1
2.0 Unbundled Network Elements (UNE) General
2.1 CLEC's Interconnection Agreement may include terms and conditions for certain
Network Elements that Qwest is no longer required to offer on an unbundled basis pursuant to
Section 251 of the Act. The FCC determined in its Decisions, that certain Unbundled Network
Elements no longer satisfy the FCC's impairment test, and as a result, Qwest is no longer
obligated to offer to CLEC those Network Elements on an unbundled basis pursuant to Section
251 of the Act. The FCC also modified certain Terms and Conditions for other Unbundled
Network Elements.
2.2 As of the execution date of this Amendment, CLEC shall not order, and Qwest wil not
provide, the following Network Elements on an unbundled basis pursuant to Section 251 of the
Act:
2.2.1 Unbundled Loops
a) Certain DS1 Loops subject to the requirements of Section 3.0 following
b) Certain DS3 Loops subject to the requirements of Section 3.0 following
c) OCn Loops
d) FTTH & FTTC Loops subject to the requirements of Section 3.1.6
following
e) Dark Fiber Loops subject to the requirements of Section 3.1.5 following
f) Hybrid Loops (non-copper distribution Loops) except as identified in
Section 3.1.7 following
g) Line Sharing
h) Feeder-Sub-Loop
i) Shared Distribution Loops
2.2.2 Transport
a) E-UDIT (Extended Unbundled Dedicated Interoffice Transport); Transport
from a CLEC's Premises to a Qwest Wire Center;
b) E-UDF (Extended Unbundled Dark Fiber); Transport from a CLEC's
Premises to a Qwest Wire Center;
c) OCn UDIT; including Remote Node/Remote Port and SONET add/drop
multiplexing
d) UDIT and UDF as a part of a Meet-Point arrangement;
e) Certain DS1 Transport (UDIT) subject to the requirements of Section 4.0
February 22, 2008/msd/aardisServicesfTRO-TRR02/ID
Amendment to CDS-04021 0-0002 - (v 3-13-07)7
ATTACHMENT 1
following
f) Certain DS3 Transport (UDIT) subject to the requirements of Section 4.0
following
g) Certain Dark Fiber Transport (UDF-IOF) subject to the requirements of
Section 4.1.7 following
h) Multiplexing associated with UDIT and Loop/Mux Combo
2.2.3 Unbundled Switching
a) Packet Switching
b) Tandem Switching
c) Mass Market Switching, including UNE-P and related services as
identified in Section 2.2.3.1
d) Enterprise Local Switching, including UNE-P and related services as
identified in Section 2.2.3.1
e) Signaling Networks (stand alone)
2.2.3.1 Related services
a) Customized Routing
b) Signaling
c) AIN Database Services
d) Line Information Database (L1DB)
e) axx Database Services
f) InterNetwork Callng Name (ICNAM)
g) Local Number Portability (LNP) Database
h) Shared Transport
2.2.4 Transition
2.2.4.1 As of the effective date of this amendment the Parties believe that CLEC
does not have any of the UNEs described above. However, If the Parties agree or it is
determined through Dispute resolution that CLEC was not entitled to unbundled access
to UNE described above, CLEC wil place an order within thirty (30) Days to either
disconnect the UNE or convert such UNE to an alternative service arrangement. The
CLEC wil be back biled pursuant to the results of Decisions in a non-discriminatory
manner.
2.3 Intentionally Left Blank
2.4 UNEs shall be obtained solely for the provision of Telecommunications Services and
only to the extent allowed by law.
February 22, 2008/msd/aardisServicesITRO- TRR02/ID
Amendment to CDS-04021 0-0002 - (v 3-13-07)8
ATTACHMENT 1
2.5 UNEs shall only be obtained for the provision of Telecommunications Services, which do
not include telecommunications utilized by CLEC for its own administrative use.
2.6 CLEC may not access UNEs for the exclusive provision of Mobile Wireless Services or
Interexchange Services.
2.7 If CLEC accesses and uses a UNE consistently with Sections 2.4, 2.5 and 2.6, CLEC
may provide any Telecommunications Services over the same UNE.
2.8 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 Triennial Review Remand Order and that it 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 DS3100p 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 3.1.1 and 3.1.2, 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 4.1.1, 4.1.2
and 4.1.7.1.1. CLEC shall provide a letter or other mutually agreed upon form to document its
compliance. CLEC wil maintain appropriate records that document what CLEC relied upon to
support its certification.
2.8.1 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 2.8. 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.
2.8.2 Intentionally Left Blank
2.8.3 Intentionally Left Blank
2.8.4 Additional Non-Impaired Wire Centers. If additional Qwest 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 Qwest is no longer required to offer
Unbundled DS1 or DS3 Loops, and/or if additional Qwest Wire Centers are reclassified
as Tiers 1 or 2, thus impacting the availability of Unbundled DS1, DS3, or Dark Fiber
transport, Qwest shall provide notice to CLEC. Thirt (30) Days after notification from
Qwest, CLEC wil no longer order impacted high capacity or Dark Fiber UNEs in or
between those additional Wire Centers. CLEC wil have ninety (90) Days to transition
existing DS1 and DS3 UNEs to an alternative service. CLEC wil have one hundred
eighty (180) Days to transition Dark Fiber transport to an alternative service. Qwest and
CLEC wil work together to identify those circuits impacted by such change. Absent
CLEC transition of impacted UNEs within the transition period above, Qwest wil convert
facilities to month-to-month service arrangements in Qwests Special Access Tariff or
begin the disconnect process of Dark Fiber facilities. CLEC is subject to back billng for
February 22, 2008/msd/aardisServicesITRO- TRR0211D
Amendment to CDS-04021 0-0002 - (v 3-13-07)9
ATIACHMENT1
the difference between the UNE and Tariff rates beginning on the ninety-first (91 st) Day
as well as for all applicable nonrecurring charges associated with such conversions.
2.9 Service Eligibilty Criteria
2.9.1 The following Service Eligibility Criteria apply to combinations and/or
Commingling of high capacity (DS1 and DS3) Loops and interoffice transport (high
capacity EELs). This includes new UNE EELs, EEL conversions (including commingled
EEL conversions), or new commingled EELs (e.g., high capacity loops attached to
special access transport).
2.9.1.1 Except as otherwise provided in this Section 2.9.1, Qwest shall
provide access to Unbundled Network Elements and Combinations of Unbundled
Network Elements without regard to whether CLEC seeks access to the
Unbundled Network Elements to establish a new circuit or to convert an existing
circuit from a service to Unbundled Network Elements.
2.9.1.2 CLEC must certify that the following Service Eligibility Criteria are
satisfied to: (1) convert a Special Access Circuit to a high capacity EEL, (2) to
obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a
Commingled circuit that includes a high capacity Loop and transport facility or
service. Such certification shall be in accordance with. all of the following
Sections.
2.9.1.2.1 State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the absence
of a state certification requirement, has complied with registration,
tariffing, filing fee, or other regulatory requirements applicable to the
provision of local voice service in that area.
2.9.1.2.2 Per Circuit Criteria. The following criteria are satisfied for
each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL:
2.9.1.2.3 Telephone Number Assignment. Each circuit to be
provided to each End User Customer wil be assigned a local telephone
number prior to the provision of service over that circuit. This requires
that each DS1 circuit must have at least one (1) local telephone number
and each DS3 circuit has at least twenty-eight (28) local telephone
numbers. The origination and termination of local voice traffc on each
local telephone number assigned to a circuit shall not include a toll charge
and shall not require dialing special digits beyond those normally required
for a local voice calL.
2.9.1.2.4 911 or E911. Each circuit to be provided to each End User
Customer wil have 911 or E911 capabilty prior to the provision of service
over that circuit.
February 22, 2008/msd/aardisServicesrrRO- TRR02/1D
Amendment to CDS-04021 0-0002 - (v 3-13-07)10
ATTACHMENT 1
2.9.1.2.5 Collocation.
2.9.1.2.5.1 Each circuit to be provided to each End
User Customer wil terminate in a Collocation arrangement
that is established pursuant to Section 251 (c)(6) of the Act
and located at Qwests Premises within the same LATA as
the End User Customer's premises, when Qwest is not the
collocator, and cannot be at an Interexchange Carrier POP
or ISP POP location;
2.9.1.2.5.2 Each circuit to be provided to each End
User Customer wil terminate in a Collocation arrangement
that is located at the third party's premises within the same
LATA as the End User Customer's premises, when Qwest
is the collocator; and
2.9.1.2.5.3 When a DS1 or DS3 EEL Loop is
connected to a multiplexed facilty, the multiplexed facility
must be terminated in a Collocation arrangement that is
established pursuant to Section 251 (c)(6) of the Act and
located at Qwests Premises within the same LATA as the
End User Customer's premises, when Qwest is not the
collocator, and cannot be at an Interexchange Carrier POP
or ISP POP location.
2.9.1.2.6 Interconnection Trunking. CLEC must arrange for the
meaningful exchange of traffc which must include hand-offs of local voice
calls that flow in both directions. Where CLEC does not arrange for a
meaningful exchange of traffc, those arrangements cannot be attributed
towards satisfaction of this criterion. At a minimum, each DS1 circuit
must be served by a DSO equivalent LIS trunk in the same LATA as the
End User Customer served by the circuit. For each twenty-four (24) DS1
circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the
same LATA as the End User Customer served by the circuit.
2.9.1.2.6.1 Calling Part Number. Each circuit to be provided
to each End User Customer wil be served by an Interconnection
trunk over which CLEC wil transmit the Callng Party Number in
connection with calls exchanged over the trunk. For each twenty-
four (24) DS1 EELs or other facilities having equivalent capacity,
CLEC wil have at least one (1) active DS1 LIS trunk over which
CLEC will transmit the Calling Party Number in connection with
calls exchanged over the trunk. If the Callng Part Number is not
exchanged over an Interconnection trunk, that trunk shall not be
counted towards meeting this criteria.
2.9.1.2.7 End Office Switch. Each circuit to be provided to each End
User Customer wil be served by an End Office Switch capable of
Switching local voice traffic. CLEC must certify that the Switching
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ATIACHMENT1
equipment is either registered in the LERG as a Class 5 Switch or that it
can switch local voice traffc.
2.9.1.3 CLEC must provide certification to Qwest through a certification
letter, or other mutually agreed upon communication, that each individual high
capacity loop in combination, or Commingled, with a Qwest-provided high
capacity transport facilty or service, meets the Service Eligibilty Criteria set forth
above before Qwest wil provision or convert the high capacity facility in
combination or Commingled.
2.9.1.4 CLEC's high capacity combination or Commingled facility Service
Eligibility shall remain valid only so long as CLEC continues to meet the Service
Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high
capacity combination or Commingled facility is no longer valid, CLEC must
submit a service order converting the facility to the appropriate Private
Line/Special Access service within thirt (30) Days.
2.9.1.5 Service Eligibilty Audits. In order to confirm reasonable
compliance with these requirements, Qwest may perform Service Eligibilty
Audits of CLEC's records. Service Eligibilty Audits shall be performed in
accordance with the following guidelines:
2.9.1.5.1 Qwest may, upon thirt (30) Days written notice to CLEC
that has purchased high capacity combination and Commingled facilities,
conduct a Service Eligibilty Audit to ascertain whether those high
capacity facilities were eligible for UNE treatment at the time of
Provisioning or conversion and on an ongoing basis thereafter.
2.9.1.5.2 CLEC shall make reasonable efforts to cooperate with any
Service Eligibility Audit by Qwest and shall maintain and provide Qwest
with relevant records (e.g., network and circuit configuration data, local
telephone numbers) which demonstrate that CLEC's high capacity
combination and Commingled facilities meet the Service Eligibility
Criteria.
2.9.1.5.3 An independent auditor hired and paid for by Qwest shall
perform any Service Eligibility Audits, provided, however, that if a Service
Eligibility Audit reveals that CLEC's high capacity combination and
Commingled facilty circuit(s) do not meet or have not met the Service
Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the
audit. To the extent the independent auditor's report concludes that
CLEC complied in all material respects with the Service Eligibility Criteria,
Qwest shall reimburse CLEC for its costs associated with the Service
Eligibility Audit.
2.9.1.5.4 An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for
Certified Public Accountants (AICPA) and during normal business hours,
unless there is a mutual agreement otherwise.
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2.9.1.5.5 Qwest shall not exercise its Service Eligibility Audit rights
with respect to CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibilty Audit does find non-compliance, Qwest shall not exercise its
Service Eligibilty Audit rights for sixt (60) Days following that audit, and if
any subsequent Service Eligibilty Audit does not find non-compliance,
then Qwest shall not exercise its Service Eligibility Audit rights for the
remainder of the calendar year.
2.9.1.5.6 At the same time that Qwest provides notice of a Service
Eligibility Audit to CLEC under this paragraph, Qwest shall send a copy of
the notice to the Federal Communications Commission.
2.9.1.5.7 Service Eligibility Audits conducted by Qwest for the
purpose of determining compliance with Service Eligibility Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
Qwest may have pursuant to other provisions of this Agreement.
2.9.1.5.8 Qwest shall not use any other audit rights it may have
under this Agreement to audit for compliance with the Service Eligibility
Criteria of this Section. Qwest shall not require a Service Eligibilty Audit
as a prior prerequisite to Provisioning combination and Commingled
facilties.
2.9.1.5.9 CLEC shall maintain appropriate records to support its
Service Eligibility Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
2.9.1.5.10 If a Service Eligibility Audit demonstrates that a high
capacity combination and Commingled facilities do not meet the Service
Eligibility Criteria above, the CLEC must convert all non-compliant circuits
to Private Line/Special Access circuits and CLEC must true-up any
difference in payments within thirty (30) days.
3.0 Unbundled Loop
3.1 Unbundled Loops are available pursuant to CLEC's Agreement and the following terms
and conditions.
3.1.1 DS1 Unbundled Loops. Subject to the cap described in Section 3.1.1.1,
Qwest shall provide CLEC with non-discriminatory access to a DS1 loop on an
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 wil be required in that
Wire Center.
3.1.1.1 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.
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3.1.2 DS3 Unbundled Loops. Subject to the cap described in Section 3.1.2.1,
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.
3.1.2.1 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.
3.1.3 Intentionally Left Blank
3.1.4 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.
3.1.5 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.
3.1.5.1 Intentionally Left Blank
3.1.5.2 Intentionally Left Blank
3.1.5.3 UDF MTE Subloop begins at or near an MTE to provide access to
MTE premises wiring.
3.1.5.3.1 Access to Dark Fiber MTE Subloops at or near 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. The termination and
placement of CLEC fiber facilities at an MTE is solely the responsibly of
CLEC. CLEC is responsible for all negotiations with the End User
Customer and or premises owner for such placement of CLEC facilities.
3.1.5.3.2 Termination at an MTE. CLEC shall access the UDF MTE
Subloop on the MTE premises at a technically feasible point if possible.
If access is not technically feasible on the MTE premises, then CLEC
may request access to UDF MTE Subloop at a technically feasible point
near the MTE premises. Qwest wil prepare and submit to CLEC a
quote along with the original Field Verification Quote Preparation form
(FVQP) within the interval set forth in Exhibit C. Quotes are on an
Individual Case Basis (ICB) and wil include costs and an interval in
accordance within the interval set forth in the Agreement.
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3.1.5.3.3 A complex IRI is used to determine if a UDF MTE Subloop
is available to gain access to network infrastructure within an MTE.
Quotes are on an Individual Case Basis (ICB) and may include costs in
addition to any installation charges specified in Exhibit A of the
Agreement.
3.1.6 FTIH and FTIC Loops. For purposes of this Section, a Fiber-to-the-Home
(FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or lit,
and serving an End User Customer's Premises, or, in the case of predominantly
residential multiple dwellng units (MDUs), a fiber optic cable, whether dark or lit, that
extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a
Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer's Premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU's MPOE. The fiber optic cable in a FTIC must connect to a
copper distribution plant loop at a serving area interface from which every other copper
distribution subloop also is not more than 500 feet from the respective End User
Customer's Premises.
3.1.6.1 FTIH/FTIC New Builds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop to an End User Customer's Premises
that had not previously been served by any loop facilty prior to October 2, 2003.
3.1.6.2 FTIH/FTIC Overbuilds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop parallel to, or in replacement of, an
existing copper loop facility. Notwithstanding the foregoing, where Qwest
deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper
loop facility:
3.1.6.2.1 Qwest shall: (i) leave the existing copper loop connected
to the End User Customer's Premises after deploying the FTTH/FTTC
loop to such Premises, and (ii) upon request provide access to such
copper loop as an Unbundled Network Element. Notwithstanding the
foregoing, Qwest shall not be required to incur any expense to ensure
that any such existing copper loop remains capable of transmitting signals
prior to receiving a request from CLEC for access, as set forth above, in
which case Qwest shall restore such copper loop to serviceable condition
on an Individual Case Basis. Any such restoration shall not be subject to
Performance Indicator Definition or other performance service
measurement or intervals. Qwests obligations under this subsection
3.1.6.2.1 shall terminate when Qwest retires such copper Loop in
accordance with the provisions of Section 3.1.6.3 below.
3.1.6.2.2 In the event Qwest, in accordance with the provisions of
Section 3.1.6.3 below, retires the existing copper loop connected to the
End User Customer's Premises, Qwest shall provide access, as an
Unbundled Network Element, over the FTTH/FTTC loop to a 64 kbps
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transmission path capable of voice grade service.
3.1.6.3 Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH/FTTC Loops. In the event Qwest decides to replace
any copper loop or copper Subloop with a FTTH/FTTC Loop, Qwest wil: (i)provide notice of such planned replacement on its web site
(ww.qwest.com/disclosures); (ii) provide e-mail notice of such planned
retirement to CLECs; and (ii) provide public notice of such planned replacement
to the FCC. Such notices shall be in addition to any applicable state Commission
notification that may be required. Any such notice provided to the FCC shall be
deemed approved on the ninetieth (90th) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) a CLEC objection to a Qwest notice that it
plans to replace any copper Loop or copper subloop with a FTTH/FTTC Loop
shall be filed with the FCC and served upon Qwest no later than the ninth (9th)
business day following the release of the FCC's public notice of the filing and (ii)
any such objection shall be deemed denied ninety (90) Days after the date on
which the FCC releases public notice of the filng, unless the FCC rules
otherwise within that period.
3.1.6.4 Handling of embedded FTTH/FTTC Loops. All embedded CLEC
services over FTTH/FTTC Loops in place prior to the signature on this
Amendment wil be 'grandfathered' subject to re-c1assification upon change of
service.
3.1.7 Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both fiber
optic cable, usually in the feeder plant, and copper wire or cable, usually in the
distribution plant.
3.1.7.1 Broadband Services. When CLEC seeks access to a Hybrid Loop
for the provision of broadband services, including DS1 or DS3 capacity, but not
DSL, Qwest shall provide ,CLEC with non-discriminatory access on an unbundled
basis to time division multiplexing features, functions, and capabilities of that
Hybrid Loop, only where impairment has been found to exist to establish a
complete transmission path between Qwests Central Offce and an End User
Customer's premises. This access shall include access to all features, functions,
and capabilities of the Hybrid Loop that are not used to transmit packetized
information.
3.1.7.2 Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services, Qwest may either:
3.1.7.2.1 Provide non-discriminatory access, on an unbundled basis,
to an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to
DSO capacity), using time division multiplexing technology; or
3.1.7.2.2 Provide nondiscriminatory access to a spare home-run
copper loop serving that End User Customer on an unbundled basis.
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3.1.8 Subloop Unbundling. An Unbundled Subloop is defined as the distribution
portion of a copper Loop or hybrid Loop comprised entirely of copper wire or copper
cable that acts as a transmission facility between any point that it is Technically Feasible
to access at terminals in Qwests outside plant (originating outside of the Central Offce),
including inside wire owned or controlled by Qwest, and terminates at the End User
Customer's premises. An accessible terminal is any point on the Loop where
technicians can access the wire 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 (SAl).
CLEC shall not have access on an unbundled basis to a feeder subloop defined as
facilities extending from the Central Office to a terminal that is not at the End User
Customer'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 Offce and the End User Customer's premises or MTE.
This section does not address Unbundled Dark Fiber MTE Subloop which is addressed
in Section 3.1.5.3.
3.1.8.1 Qwests 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.
3.1.8.2 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.
3.1.8.3 Retention of Embedded Services - Feeder Subloops. All
embedded CLEC services over Feeder Subloops in place prior to the signature
on this Amendment wil be "grandfathered" subject to re-classification upon any
modification to or disconnection of the service. Recurring charge rates effective
prior to the signature on this amendment wil remain in place. No new requests
wil be accepted for Feeder Subloop subsequent to signature on this
Amendment.
3.1.9 Line Sharing. Qwest shall not be required to provide Line Sharing unless the
Agreement has been amended with a Qwest Commercial Line Sharing Amendment.
3.1.10 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.
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4.0 Unbundled Dedicated Interoffice Transport (UDIT)
4.0.1 Qwest is not obligated to provide CLEC with unbundled access to dedicated
transport that does not connect a pair of Qwest Wire Centers.
4.0.2 All transport services, when combined with high capacity Loops, are subject to
the Service Eligibility Criteria as outlined in Section 2.9 of this Amendment.
4.1 UDIT is available pursuant to CLEC's Agreement and the following terms and conditions.
4.1.1 DS1 UDIT. Qwest shall unbundle DS1 transport between any pair of Qwest
Wire Centers except where, through application of "Tiet' classifications, as defined in
Section 1.0 of this Amendment, both Wire Centers defining the Route are Tier 1 Wire
Centers. As such, Qwest must unbundle DS 1 transport if a Wire Center at either end of
a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center.
4.1.1.1 On Routes for which no unbundling obligation for DS3 Dedicated
Transport circuits exists but for which DS1 Dedicated Transport is available on
an unbundled basis, CLEC may obtain a maximum of ten (10) unbundled DS1
Dedicated Transport circuits."
4.1.2 DS3 UDIT - Qwest shall unbundle DS3 transport between any pair of Qwest Wire
Centers except where, through. application of "Tiet' classifications, as 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 DS3 transport if a Wire Center on either
end of a requested Route is a Tier 3 Wire Center.
4.1.2.1 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.
4.1.3 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.
4.1.4 Intentionally Left Blank
4.1.5 Intentionally Left Blank
4.1.6 Intentionally Left Blank
4.1.7 Unbundled Dark Fiber (UDF) IOF
4.1.7.1 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.
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4.1.7.1.1 Qwest 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.
4.1.7.1.2 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.
4.1.8 E-UDF and M-UDF (Meet Point Biled-UDF) Transition Language. Upon
the Execution Date of this Amendment, CLEC wil not place, and Qwest wil not accept,
any ASRs for Extended Unbundled Dark Fiber (E-UDF) or M-UDF (Meet Point UDF).
5.0 Unbundled Local Switching
5.1 Transition of Unbundled Local circuit Switching, including UNE-P Services
5.1.1 DSO Capacity (Mass Market)
5.1.1.1 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.
5.1.1.4 Qwest is not required to provide access to signaling, call-related
databases, and shared transport facilities on an unbundled basis.
5.1.2 Enterprise Switching. DS1 Capacity and above (i.e., enterprise 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 DS1 capacity and above loops.
6.0 Unbundled Network Element Combinations
6.1 Enhanced Extended Loop (EEL)
6.1.1 EEL is available pursuant to CLEC's Agreement, the relevant loop and
transport terms and conditions of this amendment and the following terms and
conditions.
6.1.1.1 The "Significant Amount of Local Exchange Traffc" eligibility
criteria for EEL is replaced by the Service Eligibilty Criteria described in Section
2.9, including the collocation requirement of Section 2.9.1.2.5.
6.1.1.2 CLEC EEL certification process is replaced by the Certification
process described in Sections 2.9.1.3.
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6.1.1.3 EEL Audit provisions are replaced by the Service Eligibility Audit
process described in Sections 2.9.1.5.
6.1.1.4 Service Eligibility Criteria in Section 2.9 apply to combinations of
high capacity (DS1 and DS3) loops and interoffice transport (high capacity
EELs). This includes new UNE EELs, EEL conversions (including commingled
EEL conversions) or new commingled EELs (e.g., high capacity loops attached
to special access transport). CLEC cannot utilize combinations of Unbundled
Network Elements that include DS1 or DS3 Unbundled Loops and DS1 or DS3
unbundled dedicated interoffice transport (UDIT) to create high capacity EELs
unless CLEC certifies to Qwest that the EELs meet the Service Eligibility Criteria
in Section 2.9.
6.1.1.5 Transition for EEL - CLEC must verify that all embedded EEL
meet the new Service Eligibility Criteria. Qwest account representatives wil work
with CLEC on a plan to convert any non-compliant EEL to other service
arrangements.
6.1.1.6 Use after March 10, 2006. For any non-compliant EELs leased by
CLEC from Qwest after March 10, 2006, CLEC is subject to back billng in
accordance with the back biling terms for non-impaired DS 1 and DS3 loops and
UDIT, as applicable, set forth in Sections 3.1.3.1 and 4.1.4.1.
6.1.1.7 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 wil 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 March 11, 2006. CLEC
is also responsible for all non-recurring charges associated with such
conversions.
6.2 Loop-Mux Combination (LMC)
6.2.1 Description
6.2.1.1 Loop-mux combination (LMC) is an unbundled Loop, as defined
by CLEC's Agreement as amended, (referred to in this Section as an LMC Loop)
Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1
or DS3 multiplexed facility with no interoffice transport. The PL T/SA multiplexed
facility is provided as either an Interconnection Tie Pair (ITP) or Expanded
Interconnection Termination (EICT) from the high side of the multiplexer to
CLEC's Collocation. The multiplexer and the Collocation must be located in the
same Qwest Wire Center.
6.2.1.2 LMC provides CLEC with the ability to access End User
Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth
via a PLT/SA DS1 or DS3 multiplexer. There is no interoffce transport between
the multiplexer and CLEC's Collocation.
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6.2.1.3 Qwest offers the LMC Loop as a biling conversion or as new
provisioning.
6.2.2 Terms and conditions
6.2.2.1 An Extended Enhanced Loop (EEL) may be commingled with the
PLT/SA multiplexed facility.
6.2.2.2 LMC Loops wil be provisioned where existing facilties are available.
6.2.2.3 The PL T/SA DS1 or DS3 multiplexed facility must terminate in a
Collocation.
6.2.2.4 The multiplexed facility is subject to all terms and conditions (ordering,
provisioning, and billng) of the appropriate Tariff.
6.2.2.5 The multiplexer and the Collocation must be located in the same Qwest
Wire Center.
6.2.2.6 A rearrangement nonrecurring charge may be assessed on some
requests for work to be performed by Qwest on an existing LMC Loop; or on
some Private Line/Special Access circuits when coupled with a Conversion as
Specified Request to convert to LMC Loop.
6.2.3 Rate Elements
6.2.3.1 The LMC Loop is the Loop connection between the End User
Customer Premises and the multiplexer in the serving Wire Center where CLEC
is Collocated. LMC Loop is available in DSO and DS1. Recurring and non-
recurring charges apply
6.2.3.2 DSO Mux Low Side Channelization. LMC DSO channel cards are
required for each DSO LMC Loop connected to a 1/0 LMC multiplexer. Channel
cards are available for analog loop start, ground start, reverse battery, and no
signaling. See channel performance for recurring charges as set forth in Exhibit
A.
6.2.3.3 Nonrecurring charges for billing conversions to LMC Loops and
Rearrangement of existing LMC Loops are set forth in Exhibit A.
6.2.4 Ordering Process
6.2.4.1 Ordering processes for LMC Loop(s) are contained in this
Agreement and in Qwests Product Catalog (PCAT). The following is a high-level
description of the ordering process:
6.2.4.1.1 Step 1: Complete product questionnaire for LMC
Loop(s) with account team representative.
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6.2.4.1.2 Step 2: Obtain biling account number (BAN)
through account team representative.
6.2.4.1.3 Step 3: Allow two (2) to three (3) weeks from
Qwests receipt of a completed questionnaire for accurate loading
of LMC rates to the Qwest billng system.
6.2.4.1.4 Step 4: After account team notification, place LMC
Loop orders via an LSR.
6.2.4.2 Prior to placing an order on behalf of each End User Customer,
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authorization (POA) as set forth in this Agreement.
6.2.4.3 Standard service intervals for LMC Loops are in the Service
Interval Guide (SIG) available at ww.qwest.com/wholesale.
6.2.4.4 Due date intervals are established when Qwest receives a
complete and accurate LSR made through the IMA or EDI interfaces or through
facsimile. For LMC Loops, the date the LSR is received is considered the start of
the service interval if the order is received on a business Day prior to 3:00 p.m.
For LMC Loops, the service interval wil begin on the next busihess Day for
service requests received on a non-business day or after 3:00 p.m. on a
business day. Business Days exclude Saturdays, Sundays, New Year's Day,
Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
6.2.5 Biling
6.2.5.1 Qwest shall provide CLEC, on a monthly basis, within seven to ten
(7 to 10) calendar Days of the last day of the most recent biling period, in an
agreed upon standard electronic biling format, billng information including (1) a
summary bil, and (2) individual End User Customer sub-account information.
6.2.6 Maintenance and Repair
6.2.6.1 Qwest will maintain facilties and equipment for LMC Loops
provided under this Agreement. Qwest will maintain the multiplexed facility
pursuant to the Tariff. CLEC or its End User Customers may not rearrange,
move, disconnect or attempt to repair Qwest facilities or equipment, other than by
connection or disconnection to any interface between Qwest and the End User
Customer, without the prior written consent of Qwest.
6.3 Commingling
6.3.1 To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis with an Unbundled Network
Element or combination of Unbundled Network Elements.
February 22, 2008/msd/aardisServicesfTRO- TRR02/ID
Amendment to CDS-Q4021 0-0002 - (v 3-13-07)22
ATTACHMENT 1
6.3.2 CLEC may Commingle UNEs and combinations of UNEs with wholesale services
and facilities (e.g., Switched and Special Access Services offered pursuant to Tariff and
request Qwest to perform the necessary functions to provision such Commingling.
CLEC wil be required to provide the CFA (Connecting Facility Assignment) of CLEC's
network demarcation (e.g., Collocation or multiplexing facilties) for each UNE, UNE
Combination, or wholesale service when requesting Qwest to perform the Commingling
of such services. Qwest shall not deny access to a UNE on the grounds that the UNE or
UNE Combination shares part of Qwests network with Access Services.
6.3.3 When a UNE and service are commingled, the service interval for each facility
being commingled wil apply only as long as a unique provisioning process is not
required for the UNE or service due to the commingling. Performance measurements
and\or remedies are not applicable to the total commingled arrangement but do apply to
each facility or service ordered within the commingled arrangement. Work performed by
Qwest to provide Commingled services that are not subject to standard provisioning
intervals wil not be subject to performance measures and remedies, if any, contained in
this Agreement or elsewhere, by virtue of that service's inclusion in a requested
Commingled service arrangement. Provisioning intervals applicable to services included
within a requested Commingled service arrangement will not begin to run until CLEC
provides a complete and accurate service request, necessary CFAs to Qwest, and
Qwest completes work required to perform the Commingling that is in addition to work
required to provision the service as a stand-alone facility or service.
6.3.4 Qwest wil 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.
6.3.5 Services are available for Commingling only in the manner in which they are
provided in Qwests applicable product Tariffs, catalogs, price lists, or other
Telecommunications Services offerings.
6.3.6 Entrance Facilities and mid-span meet SPOI obtained pursuant to the Local
Interconnection section of the Agreement are not available for Commingling.
6.3.7 CLEC may request Qwest to commingle DS1 or DSO analog voice grade
unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Qwests
special access or private line Tariffs. Terms and conditions for this Commingled
arrangement are provided in Section 6.2 of this Amendment.
7.0 Ratcheting
7.1 To the extent that CLEC requests Qwest to commingle a UNE or a UNE Combination
with one or more facilities or services that CLEC has obtained at wholesale from Qwest
pursuant to a method other than unbundling under Section 251 (c)(3) of the Act, Qwest will not
be required to bil that wholesale circuit at multiple rates, otherwise known as ratcheting. Such
commingling wil not affect the prices of UNEs or UNE Combinations involved.
February 22, 2008/msd/aardisServicesfTRO- TRR02/ID
Amendment to CDS-04021 0-0002 - (v 3-13-07)23
ATTACHMENT 1
7.2 To the extent a multiplexed facility is included in a Commingled circuit then: (1) the
multiplexed facility wil be ordered and billed at the UNE rate if and only if all circuits entering the
multiplexer are UNEs and (2) in all other situations the multiplexed facility will be ordered and
biled pursuant to the appropriate Tariff.
8.0 Routine Network Modifications
8.1 Qwest shall make all routine network modifications to unbundled loop and transport
facilties used by CLEC where the requested loop or transport facility has already been
constructed. Qwest shall perform these routine network modifications to unbundled loop or
transport facilities in a nondiscriminatory fashion, without regard to whether the loop or transport
facilty being accessed was constructed on behalf, or in accordance with the specifications, of
any carrier.
8.2 A routine network modification is an activity that Qwest regularly undertakes for its own
customers. Routine network modifications include, but are not limited to, rearranging or splicing
of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack;
installng a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an
existing multiplexer; and attaching electronic and other equipment that Qwest ordinarily attaches
to a DS 1 loop to activate such loop for its own customer. They also include activities needed to
enable CLEC to light a dark fiber transport facilty. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach aerial cable, and
installing equipment casings. Routine network modifications do not include the installation of
new aerial or buried cable for CLEC.
February 22, 2008/msd/aardisServicesfTRO- TRR0211D
Amendment to CDS-040210-0002 - (v 3-13-07)24
aardisServices TRO and TRRO Exhibit A
Transition Rates
Idaho*
9.6
$131.19
9.23 UNE Combinations
9.23.6.5
9.23.7.6
Private Line I S ecial Access to LMC Conversion as is
Private Line I S ecial Access to EEL Conversion as is
$34.50
$34.50
B
B
NOTES:
B Cost Docket QWE-T -01-11, Order No. 29408 (January 5, 2004) rates effective January 5, 2004.
111 TELRIC rates proposed in Cost Docket QWE-1-o1-11 testimony filed on November 12, 2003. The case was bifrcated and the raes using this fonote are
proposed in Phase 2 of the cost docket.
Owest IdahoTRO TRRO Amendment Exhibit A Second Amended
OCober 14, 2005 Page 1 of 1