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Home My WebLink About20060725Amendment.pdfMaura E. Peterson Paralegal Regulatory Law RECEIVED 2006 JUL 25 AM 9: 11 IDAHO PUBLIC UTILITIES COMMISSION Qwest~ Spirit of Service Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 Via Overnight delivery July 24, 2006 Jean Jewell , Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE- T -04- Application for Approval of Amendment to the interconnection Agreement AT &T Communications ofthe Mountain States, Inc. Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me ifY91'have any questions concerning the enclosed. assistance in thi 7~tter.Sincerely, ft, ( ~ Maura E. Pe ' Thank you for your mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam. sherr(fYq west. com RECEIVED 2006 JUL 2S AM 9: UTld9~~ %'iJB i ~Sl BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.c. ~252(e) CASE NO.: QWE- T -04- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on June 22, 2004 (the "Agreement"). The Amendment with AT&T Communications of the Mountain States, Inc. ("AT&T") is submitted herewith. TIns Amendment was reached tln-ough voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act Section 252(e)(2) of the Act directs that a state Commission may reject an amendment reached tmough voluntary negotiations only if the Commission finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests that the Commission approve this Amendment expeditiously. This Amendment is consistent with the public interest as identified in the pro-competitive policies of the State of Idaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment will enable AT&T to APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1 AT&T Communications ofthe Mountain States, Inc. TRIENNIAL REVIEW REMAND ORDER AMENDMENT interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commission approve this Amendment without a hearing. Because this Amendment was reached tln'ough voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this~ay of July, 2006. Qwest Corporation Adam L. Sherr Attorney for Qwest -----......... APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 AT&T Communications ofthe Mountain States, Inc. TRIENNIAL REYIEW REMAND ORDER AMENDMENT CERTIFICATE OF SERVICE I hereby certify that on this 24th day of July, 2006, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Connnission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 iiewell~puc.state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Michael F. Hydock AT&T Corp. Attn: Cassie Rushing 2535 East 40th Ave Suite B1200 Denver, CO 80205 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~mai~ Mitchell Menezes-Corporate Counsel 2535 East 40th Ave Suite Bl200 Denver, CO 80205 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~maill Maura Peterson Paralegal, Qwest Corporation APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 AT&T Communications ofthe Mountain States, Inc. TRIENNIAL REYIEW REMAND ORDER AMENDMENT Triennial Review Order and Triennial Review Remand Order TROITRRO") Amendment Number 4 to the Interconnection Agreement between Qwest Corporation and AT&T Communications ofthe Mountain States, Inc. for the State of Idaho This is an Amendment ("Amendment") to incorporate the Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation , and AT&T Communications of the Mountain States, Inc. ("CLEC"). CLEC and Owest shall be known jointly as the "Parties RECITALS. WHEREAS, CLEC and Owest entered into an Interconnection Agreement (such Interconnection Agreement, as amended to date, being referred to herein as the "Agreement") which was approved by the Commission; and WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and regulations pertaining to, among other things, the availability of unbundled network elements ("UNEs ) pursuant to Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act") in its Report and Order In the Matter of Review of the Section 251 Unbundling Obligations Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147, (effective October , 2003) ("TRO"); and WHEREAS , on February 4, 2005 , the FCC released the Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Order on Remand (Triennial Review Remand Order)(FCC 04-290) ("TRRO"), effective March 11 , 2005, which further modified the rules governing Qwest's obligation to make certain UNEs available under Section 251(c)(3) of the Act; and WHEREAS, the TRO and TRRO Decision, individually and together ("Decisions ) materially modify Qwest's obligations under the Act with respect to, among other things, Owest's requirement to offer certain UNEs; and WHEREAS , the Parties wish to amend the Agreement to comply with the Decisions and hereby agree to do so under the terms and c~nditions 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. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 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 the Decisions or concerning whether the Decisions should be changed, vacated , dismissed, stayed or modified. III.Conflicts. In the event of a conflict between this Amendment and the terms and conditions of the Agreement, this Amendment shall control , provided , however, that the fact that a term or provision appears in this Amendment but not in the Agreement shall not by itself be interpreted as, or deemed a grounds for finding, a conflict for purposes of this Section III. IV.geoDe. 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 as modified hereby, the terms and provisions of the Agreement shall remain in full force and effect after the execution date. 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. Any provision in this Amendment intended to have an effective date earlier than the execution date of this Amendment shall be specifically identified, including the applicable effective date, in Attachment 1 and Exhibit A to this Amendment. The Parties agree to implement the provisions of this Amendment upon execution ("execution date VI.Further Amendments. The provisions of this Amendment, including the provisions of this sentence may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Amendment may not be given without the written consent thereto by both Parties authorized representative. No waiver by any Party of any default, misrepresentation , or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation , or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 VII.Entire Agreement. The Agreement as amended (including Attachment 1 and Exhibit A referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of the Agreement as amended and supersedes any prior understandings agreements , or representations by or between the Parties, written or oral , to the extent they relate in any way to the subjects of the Agreement as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original , but all of which shall constitute one and the same instrument. AT&T Communications ofthe Mountain States, Inc.~~~L.k0 Sign ure Qwest Corporation r(~_Signature Cynthia Batchelder Name PrintedlTyped LT. Christensen Name PrintedlTyped Carrier Relations Vice President Global Access ManaQement Title ~~ 2 3 2-0010 Director- Interconnection AQreements Title ~~ t'h Date 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Table of Contents RECITALS..................... ................... ................ ....................... ............................ TABLE OF CONTENTS............. ...... ........................... ......................... ................ ..... 4 DEFINITIONS ............................................................................................... UNBUNDLED NElWORK ELEMENTS (UNE) GENERAL..................................... 8 UNBUNDLED Loop .................................................................................... UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)......................... 21 INTENTIONALLY LEFT BLANK...................................................................... UNBUNDLED NElWORK ELEMENT COMBINATIONS....................................... 25 2 Loop-Mux COMBINATION (LMC)............................................................... 26 COMMINGLING .......................................................................................... RATCHETING ............................................................................................ ROUTINE NElWORK MODIFICATIONS .......................................................... 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Definitions Business Line" means a awest-owned switched access line used to serve a business customer, whether by awest itself or by a CLEC that leases the line from awest. The number of Business Lines in a Wire Center shall equal the sum of all awest business switched access lines, plus the sum of all UNE loops connected to that Wire Center, including UNE loops provisioned in combination with other unbundled elements. Among these requirements Business Line tallies (1) shall include only those access lines connecting End User Customers with awest end-offices for switched services; (2) shall not include non-switched special access lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps- equivalent as one line. For example, a DS1 line corresponds to twenty-four (24) 64 kbps- equivalents, and therefore to twenty-four (24) Business Lines. Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network Element, or a Combination of Unbundled Network Elements, to one or more facilities or services that a requesting Telecommunications Carrier has obtained at wholesale from Owest, or the combining of an Unbundled Network Element, or a Combination of Unbundled Network Elements, with one or more such facilities or services. Commingle" means the act of Commingling. 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 awest transmission facilities between wire centers or switches owned by Owest, or between wire centers or switches owned by awest 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. In the Agreement Dedicated Transport is referred to as Unbundled Dedicated Interoffice Transport (UDIT) and/or Extended Unbundled Dedicated Interoffice Transport (EUDIT). Enhanced Extended Link (or Loop) (EEL)" An enhanced extended link or EEL consists of a combination of an unbundled loop and unbundled dedicated transport, together with any facilities, equipment, or functions necessary to combine those network elements. The foregoing hereby modifies the definition of EEL contained in Section 9.23.7 of the Agreement. Fiber-based Collocator" means any carrier, unaffiliated with Owest, that maintains a Collocation arrangement in a awest 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 awest Wire Center premises; and (3) is owned by a party other than Owest or any affiliate of Owest, except as set forth in this paragraph. Dark fiber obtained from awest on an indefeasible right of use basis shall be treated as non-awest fiber- optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall collectively be counted as a single Fiber-based Collocator. For purposes of this paragraph, the term "affiliate" is defined by 47 U.C. 9 153(1) and any relevant interpretation in this Title. Interexchange Service" means telecommunications service between stations in different exchange areas. Cf. Modification of Final Judgment, 9 IV(K), reprinted in United States v. Am. Tel. Tel. Co., 552 F. Supp. 131 , 229 (D. D.C. 1982) (defining "interexchange 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 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" has the same meaning as "Interexchange Service UDIT" (or "UDF") is dedicated transport where the Parties' facilities physically meet between a CLEC collocation in a Owest Wire Center and a different non-Owest Wire Center. UDIT and M-UDF do not connect a pair of Owest Wire Centers. 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 vice offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses. MTE Subloop" - The subloop for access to multiunit premises wiring is defined as any portion of the loop that it is technically feasible to access at a terminal in the incumbent LEC's outside plant at or near a multiunit premises. One category of this subloop is inside wire, which is defined for purposes of this section as all loop plant owned or controlled by the incumbent LEC at a multiunit customer premises between the minimum point of entry as defined in 9 68.105 of 47 CFR Chapter I and the point of demarcation of the incumbent LEC's network as defined in 9 68.3 of 47 CFR Chapter I. Non-impaired Wire Center" - With regard to unbundled high capacity Loops, a Non-impaired Wire Center is a Wire Center that meets the loop thresholds identified in CFR 47 951.319(a)(4)(i) for DS1 Loops and 951.319(a)(5)(i) for DS3 Loops. With regard to unbundled high capacity Dedicated Transport, non-impaired Wire Centers are Tier 1 and Tier 2 Wire Centers as defined in 951.319(e)(3) and subject to the limitations of 951.319(e)(2)(ii)(A) for DS1 Dedicated Transport, 951.319(e)(2)(iii)(A) for DS3 Dedicated Transport and 951.319(e)(2)(iv)(A) for Dark Fiber Transport. Route" is a transmission path between one of Owest's Wire Centers or switches and another of Owest's Wire Centers or Switches. A Route between two (2) points (e., Wire Center or Switch A" and Wire Center or Switch ") may pass through one (1) or more intermediate Wire Centers or Switches (e., Wire Center or Switch " ). Transmission paths between identical end points (e., Wire Center or Switch "A" and Wire Center or Switch ") are the same "route irrespective of whether they pass through the same intermediate Wire Centers or Switches, if any. Triennial Review Remand Order" The Triennial Review Remand Order is the Commission Order on Remand in CC Docket Nos. 01-338 and 04-313, FCC 04-290 (released February 4 2005). Unbundled Network Element" (UNE) is a Network Element that has been defined by Applicable Law as a Network Element to which Owest is obligated under Section 251(c)(3) of the Act to provide unbundled access or for which unbundled access is provided under CLEC's Agreement and under this Amendment. Wire center" A wire center is the location of a Owest local Switching facility containing one or more central offices, as defined in the Appendix to Part 36 of Chapter I of Title 47 of the Code of 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 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 CLECs. 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. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Unbundled Network Elements (UNE) General 1 CLEC's 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(c)(3) 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(c)(3) of the Act. The FCC also modified certain Terms and Conditions for other Unbundled Network Elements. As of the execution date of this Amendment, CLEC shall not order, and Qwest will not provide, the following Network Elements on an unbundled basis pursuant to Section 251 (c)(3) of the Act: Unbundled Loops Certain DS1 Loops, except as identified in Section 3. Certain DS3 Loops, except as identified in Section 3. OCn Loops; FTTH & FTTC Loops, except as identified in Section 3. Dark Fiber Loops, except as identified in Section 3. Hybrid Loops (non-copper distribution Loops) except as identified in Section 3. Line Sharing; Feeder-Sub-Loop as a standalone UNE. Transport Unbundled Dedicated Transport from a CLEC's switch or wire center to a Qwest Wire Center whether referred to as UDIT or E-UDIT in the Agreement; UDF (Extended Unbundled Dark Fiber), which is Unbundled Dark Fiber Transport from a CLEC's switch or wire center to a Qwest Wire Center; UDIT and UDF; Certain DS1 Transport (UDIT), except as identified in Section 4. Certain DS3 Transport (UDIT), except as identified in Section 4. Certain Dark Fiber Transport (UDF-IOF), except as identified in Section 10; 29-05-TRO and TRRO Amendment/AT&T-I 0 Amendment to CDS-O40129-0006 ATTACHMENT 1 Multiplexing associated with UDIT and Loop/Mux Combo, except as identified in Section 7. DCn Transport. Unbundled Switching Packet Switching; Tandem Switching; Mass Market Switching, and Enterprise Local Switching, including UNE- and related services pursuant to the terms of the Amendment to the Agreement "For the Elimination of UNE and Implementation of Batch Hot Cut Process Signaling Networks (stand alone). 1 Related services Transition Customized Routing; Signaling; AIN Database Services; Line Information Database (LlDB); axx Database Services; InterNetwork Calling Name (ICNAM); Local Number Portability (LNP) Database; Shared Transport pursuant to the terms of the Amendment to the Agreement "For the Elimination of UNE and Implementation of Batch Hot Cut Process 2.4.Transition time frames for embedded Network Elements identified in the above lists are identified in the following sections. The parties shall cooperate in the transition and or disconnection , where permitted below, of such elements. After execution of this Amendment, Qwest shall back bill the FCC ordered transition period rate increases to March 11 , 2005, for existing Non-Impaired DS1 Loop and Transport DS3 Loop and Transport, Dark Fiber Loop and Transport pursuant to Transition rate increases identified in Sections 3., 4.and 4.2. Such back billing shall not be subject to billing measurements and penalties. Late payment charges may be applied only after the backbilling is submitted on a bill. Late payment charges may be applied to backbilling (after it is billed) pursuant to the terms and conditions of the late payment section in the Agreement. 2.4 UNEs shall be obtained for the provision of Telecommunications Services and only to the extent allowed by law. Telecommunications Services are offered on a common carrier basis and which do not include self provision of services. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Intentionally Left Blank CLEC may not access UNEs for the exclusive provision of Mobile Wireless Services or Interexchange Services. If CLEC accesses and uses a UNE consistent with Sections 2.4 and 2.6, CLEC may provide any Telecommunications Services over'the same UNE. As of March 11 , 2005, 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). part of such reasonably diligent inquiry, CLEC shall ensure that a requested unbundled DS1 or DS3 loop is not in a Wire Center identified on the list provided by Owest of Wire Centers that meet the applicable non-impairment thresholds specified in Sections 3.1 and 3., and that a requested unbundled DS1 , DS3 or dark fiber transport circuit is not between Wire Centers identified on the list of Wire Centers that meet the applicable non-impairment thresholds specified in Sections 4., 4.2 and 4.1. CLEC shall provide a letter or other mutually agreed upon form to document its compliance. CLEC will maintain appropriate records that document what CLEC relied upon to support its certification. Upon receiving a request for access to a dedicated transport or high-capacity loop UNE that indicates that the UNE meets the relevant factual criteria discussed in sections V and VI of the Triennial Review Remand Order, Owest 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 Owest seeks to challenge any other such UNEs, it subsequently can raise that issue through the dispute resolution procedures provided for in the Agreement. If it is determined by CLEC and Owest that CLEC's access to or use of UNEs was inconsistent with Existing Rules when originally ordered (excludes instances where such inconsistency was due to change in law) CLEC has thirty (30) calendar days to correct the inconsistency and order the appropriate alternate service arrangements and CLEC is subject to back billing for the difference between rates for the UNEs and rates for the Owest alternate service arrangements. CLEC is also responsible for all non- recurring charges associated with such correction. If a dispute resolution process under the Agreement finds that the Owest Wire Center list(s) is in error, the Wire Center list shall be modified consistent with those findings, within a reasonable period of time. 8.4 Additional Non-Impaired Wire Centers. If additional Owest Wire Centers are found to meet the relevant factual criteria discussed in Sections V and VI of the FCC's Triennial Review Remand Order under which Owest is no longer required to offer Unbundled DS1 or DS3 Loops, and/or if additional Owest Wire Centers are reclassified as Tiers 1 or 2 , thus impacting the availability of Unbundled DS1, DS3, or Dark Fiber transport, Owest shall provide written notice to CLEC. Thirty (30) Days after written notification from Owest, CLEC will no longer order impacted high capacity or Dark Fiber UNEs in or between those additional Wire Centers, in accordance with the requirements set forth in Sections 3.2 and 4. 29-05-TRO and TRRO Amendment/AT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 as applicable. CLEC will have ninety (90) Days after written notificationJo transition existing DS1 and DS3 UNE Loops and dedicated transport (except Dark Fiber transport) no longer available as UNEs under this Amendment as a result of such Wire Center designations to an alternative service. CLEC will have one hundred eighty (180) Days after written notification to transition Dark Fiber transport no longer available as UNEs under this Amendment as a result of such Wire Center designations to an alternative service. Qwest and CLEC will work together to identify those circuits impacted by such change. Absent CLEC transition of impacted UNEs within the transition periods above, Qwest will convert DS1 and DS3 Loops and dedicated transport (except Dark Fiber transport) facilities to month-to-month service arrangements in Qwest's Special Access Tariff or begin the disconnect process of Dark Fiber transport facilities. CLEC is subject to back billing for the difference between the UNE and Tariff recurring rates beginning on the ninety-first (91 st) Day as well as for all applicable nonrecurring charges associated with such conversions, provided that Qwest shall not impose any untariffed termination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any such conversion. Should Qwest add Wire Centers to its list of non-impaired Wire Centers during the 12-month or 18-month transition periods set forth in the TRRO, the transition period under this Section 2.8.4 shall be the longer of (i) the ninety (90) or one hundred eighty (180) days, as applicable, provided in this Section 2.8.4 and (ii) the time until the end of the applicable FCC-ordered transition periods in the TRRO. Service Eligibility Criteria The following Service Eligibility Criteria apply to combinations and/or Commingling of high capacity (DS1 and DS3) Loops and Dedicated Transport (high capacity EELs). This includes new UNE EELs, EEL conversions (including commingled EEL conversions), or new commingled EELs (e., high capacity loops attached to special access transport). Except as otherwise provided in this Section 2., which shall be consistent with the FCC's rules, 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. 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 Dedicated Transport facility or service. Such certification shall be in accordance with all of the following Sections. State Certification. CLEC has received state certification to provide local voice service in the area being served or, in the absenceof 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. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 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: Telephone Number Assignment. Each circuit to be provided to each End User Customer will be assigned a local telephone number prior to the provision of service over that circuit. This requires that each DS1 circuit must have at least one (1) local telephone number and each DS3 circuit has at least twenty-eight (28) local telephone numbers. The origination and termination of local voice traffic on each local telephone number assigned to a circuit shall not include a toll charge and shall not require dialing special digits beyond those normally required for a local voice call. CLEC may satisfy this requirement to initiate the ordering process for a new EEL circuit by certifying that it will not begin to provide service until a local number is assigned. 2.4 911 or E911. Each circuit to be provided to each End User Customer will have 911 or E911 capability prior to the provision of service over that circuit. CLEC may satisfy this requirement to initiate the ordering process for a new EEL circuit by certifying that it will not begin to provide service until 911 or E911 capability is provided. Collocation. CLEC certifies that each circuit terminates in a Collocation arrangement by providing the associated CFA. In addition: Each circuit (whether multiplexed or not) to be provided to each End User Customer will terminate in a Collocation arrangement that is established pursuant to Section 251(c)(6) of the Act and located at Qwest's 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; and Each circuit to be provided to each End User Customer will terminate in a Collocation arrangement that is located at a third party s premises within the same LATA as the End User Customer s premises, when Qwest is the collocator. Interconnection Trunking. CLEC must arrange for the meaningful exchange of traffic which must include hand-offs of local voice calls that flow in both directions. Where CLEC does not arrange for a meaningful exchange of traffic, those arrangements cannot be attributed towards satisfaction of this criteria. At a minimum , each DS1 EEL circuit must be served by an interconnection trunk in the same LATA as the End User Customer premises served by the EEL. For each twenty-four (24) DS1 EELs or the equivalent, CLEC must maintain at least one (1) active DS1 interconnection trunk for the exchange of local voice traffic. Calling Party Number. Each circuit to be provided 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 to each End User Customer will be served by an Interconnection trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk. For each twenty- four (24) DS1 EELs or other facilities having equivalent capacity, CLEC will have at least one (1) active DS1 local service interconnection trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk.If the Calling Party Number is not exchanged over an Interconnection trunk, that trunk shall not be counted towards meeting this criteria. End Office Switch. Each circuit to be provided to each End User Customer will be served by an End Office Switch capable of Switching local voice traffic. CLEC must certify that the Switching equipment is either registered in the LERG as a Class 5 Switch or that it can switch local voice traffic. CLEC must provide certification 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 facility or service, meets the Service Eligibility Criteria set forth above before Qwest will provision or convert the high capacity facility in combination or Commingled. CLEC may provide a single certification to cover all orders of high capacity EELs and need not identify particular facilities in such certification. 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 thirty (30) Days. Service Eligibility Audits. In order to confirm reasonable compliance with these requirements, Qwest may perform Service Eligibility Audits of CLEC'records. Service Eligibility Audits shall be performed in accordance with the following guidelines: Qwest may, upon thirty (30) Days written notice to CLEC that has purchased high capacity combination and Commingled facilities conduct a Service Eligibility 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. CLEC shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest and shall maintain and provide Qwest with relevant records (e., network and circuit configuration data, local telephone numbers) which demonstrate that CLEC'high capacity combination and Commingled facilities meet the Service Eligibility Criteria. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 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'high capacity combination and Commingled facility circuit(s) do not meet or have not met the Service Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the independent auditor. To the extent the independent auditor s report concludes that CLEC complied in all material respects with the Service Eligibility Criteria , Qwest shall reimburse CLEC for its costs associated with the Service Eligibility Audit. 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. The auditor shall perform an "examination engagement" and issue an opinion regarding CLEC' compliance with the service eligibility criteria. 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 Eligibility Audit does find non-compliance, Qwest shall not exercise its Service Eligibility Audit rights for one hundred eighty (180) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-compliance, then Qwest shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year and shall be entitled to only one audit in the subsequent calendar year. 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. 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. 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 Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. 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. 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 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 to Private Line/Special Access circuits. CLEC must true-up any difference in payments within thirty (30) days. Unbundled Loop Unbundled Loops are available pursuant to CLEC's Agreement and the following terms and conditions. DS1 Unbundled Loops. Subject to the cap described in Section 3. 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 will be required in that Wire Center. Cap on Unbundled DS1 Loop Circuits. CLEC may obtain a maximum of ten (10) unbundled DS1 Loops to any single building in which DS1 Loops are available as Unbundled Loops. Transition period for DS1 loop circuits. For a twelve (12) month period beginning on March 11 , 2005, any DS1 loop UNEs that CLEC leases from Qwest as of that date , but which Qwest is not obligated to unbundle pursuant to Sections 3.1 or 3., shall be available for lease from Qwest at a rate equal to the higher of (1) 115% of the rate CLEC paid for the loop element on June 15, 2004, or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, and March 11 , 2005, for that Loop element. Where Qwest is not required to provide unbundled DS1 loops pursuant to Sections 3.1 or 3., CLEC may not obtain new DS1 loops as unbundled network elements. Qwest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the Billing Telephone Number (BTN) and/or Circuit (CKT) per Billing Account Number (BAN) with an effective bill date of March 11 , 2005 on the first or second bill cycle following the execution date of this Amendment. Late payment charges on such billing shall be limited as set forth in Section 2.3 above. DS3 Unbundled Loops. Subject to the cap described in Section 3. Qwest shall provide CLEC with non-discriminatory access to a DS3 loop on an unbundled basis to any building not served by a Wire Center with at least 38 000 Business Lines and at least four (4) Fiber-based Collocators. If a Wire Center exceeds both of these thresholds, no future DS3 Loop unbundling is required in that Wire Center. Cap on Unbundled DS3 Loop Circuits. CLEC may obtain a maximum of a single unbundled DS3 Loop to any single building in which DS3 Loops are available as unbundled loops. 29-05-TRO and TRRO AmendmenUAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Transition period for DS3 loop circuits. For a twelve (12) month period beginning on March 11 , 2005.. any DS3 loop UNEs that CLEC leases from Owest as of that date, but which Owest is not obligated to unbundle pursuant to Sections 3.2 or 3., shall be available for lease from Owest at a rate equal to the higher of (1) 115% of the rate CLEC paid for the loop element on June 15, 2004, or (2) 115% of the rate the state commission has established or establishes, if any, between June 16 , 2004, and March 11, 2005 , for that loop element. Where Owest is not required to provide unbundled DS3 loops pursuant to Sections 3.2 or 3., CLEC may not obtain new DS3 loops as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the execution date of this Amendment. Late payment charges on such billing shall be limited as set forth in Section 2.3 above. Failure To Convert Non-Impaired Services - DS1 and DS3 Loops. Absent CLEC Transition of DS1 and DS3 Loops by March 10, 2006, Owest will convert facilities to month to month service arrangements in Owest's Special Access Tariff. CLEC is subject to back billing for the difference between the recurring rates for the UNEs and recurring rates for the Owest alternative service arrangements to March 11 , 2006. CLEC is also responsible for all non-recurring charges associated with such conversions, provided that Owest shall not impose any untariffed termination charges , or any disconnect fees , re-connect fees, or charges associated with establishing a service for the first time, in connection with any such conversion. 1.4 Owest shall make available to CLEC a list of those Non-Impaired Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria , subject to the requirements of Section 2. Dark Fiber Loops Including Fiber Sub-loop. Owest is not required to provide CLEC with access to a Dark Fiber Loop on an unbundled basis, except for UDF-MTE Subloop below. Dark fiber is fiber within an existing fiber optic cable that has not yet been activated through optronics to render it capable of carrying communications services. Transition period for Dark Fiber Loop circuits. For an 18-month period beginning on March 11 , 2005, any Dark Fiber Loop UNEs that CLEC leases from Owest as of that date shall be available for lease from Owest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the loop element on June 15, 2004, or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, and March 11 2005, for that Loop element. CLEC may not obtain new Dark Fiber Loops as Unbundled Network Elements. Owest and CLEC will work together to identify those circuits impacted. 29-05-TRO and TRRO Amendment/AT&T-I 0 Amendment to CDS-O40129-0006 ATTACHMENT 1 Failure To Convert Non-Impaired Network Elements - Dark Fiber Loops including Fiber Sub-loop. Absent CLEC transition of Dark Fiber Loops as of September 10, 2006, Qwest will, or maintains the right to, begin the disconnection process of CLEC Dark Fiber Loops. UDF MTE Subloop - CLEC shall continue to have access to UDF MTE Subloop pursuant to the terms of Sections 9.3 and 9.7 of the Agreement. FTTH and FTTC 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 dwelling 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 that is not more than 500 feet from the End User Customer 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 FTTC loop must connect to a copper distribution plant 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 Premises. FTTH/FTTC 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 facility. FTTH/FTTC 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: 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. Where it is technically and operationally feasible Qwest shall provision the requested service(s) in the standard time frame (as defined by the service interval guide "SIG") associated with the service ordered. If it is technically and operationally infeasible to restore such copper cable in the standard interval as set forth in the SIG then Qwest would not meet the standard time frame. In that event Qwest will negotiate a timeframe with CLEC or retire the copper and make service available in accordance with Section 3.2 of this Amendment. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Qwest shall provision service no later than twenty (20) business days after CLEC submits its order. An extenuating circumstance may prevent Qwest from fully restoring the copper plant in the allotted 20 business days, as specified. In this situation, Qwest shall provide service over the fiber architecture within such twenty (20) business day period, on an interim basis until service can be provisioned on the restored copper plant. If Qwest decides to retire the copper loop, Qwest will provide service in accordance with Section 3.2 of this Amendment. If Qwest determines that it is technically and operationally infeasible for Qwest to provision the requested service on the copper loop within a standard time frame contained in the SIG , Qwest shall promptly provide a written explanation and/or documentation to CLEC to support such determination. Should CLEC dispute Qwest's explanation , Qwest shall bear the burden of proof to demonstrate such infeasibility in any dispute resolution process pursued under Section 5.18 of the Agreement. Any such restoration shall not be subject to Performance Indicator Definition or other performance service measurement or intervals. Qwest's obligations under this subsection 3.1 to provide access to a copper loop shall terminate when Qwest retires such copper Loop in accordance with the provisions of Section 3.3 below. In the event Qwest, in accordance with the provisions of Section 3.3 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 transmission path capable of voice grade service for any requested loop retired. 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 will: (i)provide notice of such planned replacement on its web site (www.qwest.com/disclosures); (ii) provide e-mail notice of such planned retirement to CLECs; and (iii) provide public notice of such planned replacement to the FCC. If Qwest wishes to provide less than six (6) months notice of replacement of any copper loop or subloop, Qwest shall also provide a copy of its public notice to CLEC five (5) business days before delivering such public notice 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 Qwestno later than the ninth (9th business day following the release of the FCC's public notice of the filing and (ii) any such objection shall be deemed denied ninety (90) Days after the date on which the FCC releases public notice of the filing, unless the FCC rules otherwise within that period. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Notwithstanding the summary provided above, if Owest wishes to retire copper loops, Owest must comply with the requirements of S 251(c)(5) of the Act and 47 R. SS 51.325 through 51.335.6.4 Handling of embedded FTTH/FTTC Loops. All embedded CLEC services over FTTH/FTTC Loops in place prior to the signature on this Amendment will be 'grandfathered' subject to re-classification upon change of service. 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. Broadband Services. When CLEC seeks access to a Hybrid Loop for the provision of broadband services, Owest shall provide CLEC with non- discriminatory access on an unbundled basis to the time division multiplexing features, functions, and capabilities of that Hybrid Loop, including DS1 or DS3 capacity (only where impairment has been found to exist), on an unbundled basis to establish a complete transmission path between Owest's Central Office and an End User Customer 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. Narrowband Services. When CLEC seeks access to a Hybrid Loop for the provision of narrowband services, Owest may either: Provide non-discriminatory access, on an unbundled basis to an entire Hybrid Loop capable of voice-grade service (Le., equivalent to DSO capacity), using time division multiplexing technology; or Provide nondiscriminatory access to a spare home-run copper loop serving that End User Customer on an unbundled basis. Owest shall provide CLEC access to transmission paths over hybrid loops served by Integrated DLC systems. Such access may be provided through a spare copper facility or through the availability of Universal DLC systems. If access by such methods is not available , Owest shall present CLEC with a technically feasible method of unbundled access. If Owest chooses to provision AT&T orders for service-specific unbundled loops (e., DSO, DS1 DS3), via IDLe-derived facilities, any costs associated with unbundling IDLC loops shall be borne by Owest.7.4 Owest shall not engineer the transmission capabilities of its network in a manner, or engage in any policy, practice , or procedure, that disrupts or degrades access to a local loop or subloop, including the time division multiplexing-based features, functions, and capabilities of a hybrid loop, for which CLEC may obtain or has obtained access. Any Owest practice, policy, or procedure that has the effect of disrupting or degrading access to the TDM- based features, functions, and capabilities of Hybrid Loops for serving the End 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 User Customer is prohibited under the section 251(c)(3) duty to provide unbundled access to loops on just, reasonable, and nondiscriminatory terms and conditions. Subloop Unbundling. An Unbundled copper 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 (referred to as accessible terminals) in Owest's outside plant (originating outside of the Central Office), including inside wire owned or controlled by Owest, and terminates at the demarcation point at the End User Customer premises. Copper Subloop is more fully defined in 47 CFR ~ 51.319(b)(1). An accessible terminal is any point on the Loop where technicians can access the wire within the cable without removing a splice case to reach the wire within. Such points may include, but are not limited to, the pole , pedestal , Network Interface Device, minimum point of entry, single point of Interconnection, Remote Terminal , Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not have access on an unbundled basis to a feeder subloop defined as facilities extending from the Central Office to an accessible terminal , as described above, except where such accessible terminal is at the End User Customer s premises or MTE. CLEC shall have access to the feeder facilities only to the extent it is part of a complete transmission path not a subloop, between the Central Office and the End User Customer s premises or MTE. This section does not address Unbundled Dark Fiber MTE Subloop which is addressed in Section 3. Owest's obligation to construct a Single Point of Interface (SPOI) is limited to those MTEs where Owest has distribution facilities to that MTE and owns, controls, or leases the inside wire at the MTE. In addition, Owest shall have an obligation 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.8.2 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal within a non-Owest owned MTE is done through an MTE-POI. Collocation is not required to access Subloops used to access the network infrastructure within an MTE , unless CLEC requires the placement of equipment in a Owest Premises. Cross-Connect Collocation, refers to creation of a cross connect field and does not constitute Collocation. The terms and conditions of Collocation do not apply to Cross-Connect Collocation if required at or near an MTE. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Failure To Convert Non-Impaired Services - Feeder Subloops. Absent CLEC Transition of Feeder SubLoop, within ninety (90) Days of Execution of this Amendment, Qwest will convert facilities to month to month service arrangements in Qwest's Special Access Tariff. CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Qwest alternative service arrangements to the 91 sl day. CLEC is also responsible for all non-recurring charges associated with such conversions. Line Sharing. Qwest shall not be required to provide Line Sharing under the Agreement. Unbundled Dedicated Interoffice Transport (UDIT) Qwest is not obligated to provide CLEC with unbundled access to dedicated transport that does not connect a pair of Qwest Wire Centers. All DS1 or higher UDIT, when combined with high capacity Loops, are subject to the Service Eligibility Criteria as outlined in Section 2.9 of this Amendment. UDIT is available pursuant to CLEC's Agreement and the following terms and conditions. DS1 UDIT. Qwest shall unbundle DS1 transport between any pair of Qwest Wire Centers except where, through application of "Tier" classifications, as defined in Section 0 of this Amendment, both Wire Centers defining the Route are Tier 1 Wire Centers. As such, Qwest must unbundle DS1 transport if a Wire Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center. CLEC may obtain a maximum of ten (10) unbundled DS1 dedicated transport circuits on each Route where DS1 dedicated transport is available on an unbundled basis. Transition period for DS1 transport circuits. For a twelve (12) month period beginning on March 11 , 2005, any DS1 dedicated transport UNE that CLEC leases from Qwest as of that date , but which Qwest is not obligated to unbundle pursuant to Sections 4.1 or 4., shall be available for lease from Qwest at a rate equal to the higher of (1) 115 percent of the rate the requesting carrier paid for the dedicated transport element on June 15, 2004, or (2) 115 percent of the rate the state commission has established or establishes, if any, between June 16, 2004, and March 11 , 2005, for that dedicated transport element. Where Qwest is not required to provide unbundled DS1 transport pursuant to Sections 4.1 or 4., CLEC may not obtain new DS1 transport as unbundled network elements. Qwest and CLEC will work together to identify those circuits impacted between Non Impaired Tier 1 Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 following the execution date of this Amendment. Late payment charges on such billing shall be limited as set forth in Section 2.3 above. DS3 UDIT - Qwest shall unbundle DS3 transport between any pair of Qwest Wire Centers except where, through application of "Tier" classifications, as defined in Section 0 of this Amendment, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle DS3 transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. CLEC may obtain a maximum of twelve (12) unbundled DS3 dedicated transport circuits on each Route where DS3 dedicated transport is available on an unbundled basis. Transition period for DS3 transport circuits. For a twelve (12) month period beginning on March 11 , 2005, any DS3 dedicated transport UNE that CLEC leases from Qwest as of that date, but which Qwest is not obligated to unbundle pursuant to Sections 4.2 or 4., shall be available for lease from the Qwest at a rate equal to the higher of (1) 115 percent of the rate the requesting carrier paid for the dedicated transport element on June 15, 2004, or (2) 115 percent of the rate the state commission has established or establishes, if any, between June 16 , 2004, and March 11 , 2005, for that dedicated transport element. Where Qwest is not required to provide unbundled DS3 transport pursuant to Sections 4.2 or 4., CLEC may not obtain new DS3 transport as unbundled network elements. Qwest and CLEC will work together to identify those circuits impacted between Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the execution date of this Amendment. Late payment charges on such billing shall be limited as set forth in Section 2.3 above. 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, subject to the requirements of Section 2. Failure To Convert Non-Impaired Services - DS1 and DS3 UDIT. Absent CLEC transition of DS1 and DS3 Transport by March 10, 2006 , Qwest will convert facilities to month to month service arrangements in Qwest's Special Access Tariff and CLEC is subject to back billing for the difference between the recurring rates for the UNEs and recurring rates for the Qwest alternative service arrangements to March 11 2006. CLEC is also responsible for all non-recurring charges associated with such conversions , provided that Qwest shall not impose any untariffed termination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any such conversion. Failure To Convert Non-Impaired Services - OCn UDIT. Absent CLEC transition of DCn Transport within ninety (90) days of Execution of this Amendment 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Owest will convert facilities to month to month service arrangements in Owest's Special Access Tariff and CLEC is subject to back billing for the difference between the recurring rates for the UNEs and recurring rates for the Owest alternative service arrangements to the 91 st day. CLEC is also responsible for all non-recurring charges associated with such conversions, provided that Owest shall not impose any untariffedtermination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any such conversion. Failure To Convert Non-Impaired Services - DS1 and DS3 E-UDIT and M- UDIT. Absent CLEC transition of DS1 and DS3 E-UDIT and M-UDIT within ninety (90) days of Execution of this Amendment, Owest will convert facilities to month to month service arrangements in Owest's Special Access Tariff and CLEC is subject to back billing for the difference between the recurring rates for the UNEs and recurring rates for the Owest alternative service arrangements to the 91 st day. CLEC is also responsible for all non-recurring charges associated with such conversions , provided that Owest shall not impose any untariffed termination charges , or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time , in connection with any such conversion. Unbundled Dedicated Dark Fiber (UDF) Interoffice Transport 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 forthbelow. Dark fiber transport consists of unactivated optical interoffice transmission facilities. Owest shall unbundle dark fiber transport between any pair of Owest 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 , Owest must unbundle dark fiber transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. Transition period for dark fiber transport circuits. Foran 18-month period beginning on March 11 , 2005, any dark fiber dedicated transport UNE that CLEC leases from Owest as of that date but which Owest is not obligated to unbundle pursuant to Section , shall be available for lease from Owest at a rate equal to the higher of (1) 115 percent of the rate the requesting carrier paid for the dedicated transport element on June 15, 2004, or (2) 115 percent of the rate the state commission has established or establishes, if any, between June 16, 2004, and March 11, 2005, for that dedicated transport element. Where Owest is not required to provide unbundled dark fiber transport pursuant to Section 4.CLEC may not obtain new dark fiber transport as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLEC's bill as a manual adjustment on the following bill cycle. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the execution date of this Amendment. Late payment charges on such billing shall be limited as set forth in Section 2.3 above. 1.4 Owest shall make available to CLEC a list of those Non- Impaired Wire Centers that satisfy the above criteria and update that listas additional Wire Centers meet these criteria subject to the requirements of Section 2. Failure To Convert Non-Impaired Services - UDF- Dedicated Interoffice Transport. Absent CLEC Transition of UDF, as of September 10, 2006, Owest will, or maintains the right to, begin the disconnection process of CLEC Dark Fiber Facilities. 8 E-UDF and M-UDF (Meet Point Billed-UDF) Transition Language. Upon the Execution Date of this Amendment, CLEC will not place, and Owest will not accept, any ASRs for Extended Unbundled Dark Fiber (E-UDF) or M-UDF. Owest account representatives will work with CLECs on a plan to convert any existing E-UDF or M-UDF to other alternative Owest products or services, if CLEC so desires. CLEC must convert these services by September 10, 2006. Owest and CLEC will work together to identify those circuits impacted. Failure To Convert Non-Impaired Networks Elements - E-UDF and M-UDF. Absent CLEC Transition E-UDF and M-UDF as of September 10 2006. Owest will begin or maintain the right to begin, disconnect process of Dark Fiber Facilities. Transition period for dark fiber transport circuits. For an 18-month period beginning on the effective date of the Triennial Review Remand Order, any E- UDF and M-UDF that a CLEC leases from Owest as of that date, but which Owest is not obligated to unbundle pursuant to Section 4.8, shall be available for lease from Owest at a rate equal to the higher of (1) 115 percent of the rate the requesting carrier paid for the E-UDF and M-UDF element on June 15, 2004, or (2) 115 percent of the rate the state commission has established or establishes, if any, between June 16 , 2004, and the effective date of the Triennial Review Remand Order, for that element. Where Owest is not required to provide unbundled dark fiber E-UDF and M-UDF pursuant to Section 8, CLEC may not obtain E-UDF and M-UDF as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted.10 Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11, 2005 on the first or second bill cycle following the contract execution date. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Intentionally Left Blank Unbundled Network Element Combinations Enhanced Extended Loop (EEL) 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. The "Significant Amount of Local Exchange Traffic eligibility criteria for EEL (Section 9.23.7 of the Agreement) is replaced by the Service Eligibility Criteria described in Section 2.9 of this Amendment, including the collocation requirement of Section 2. The CLEC EEL certification process in the Agreement is replaced by the Certification process described in Sections 2.2 of this Amendment. EEL Audit provisions in the Agreement are replaced by the Service Eligibility Audit process described in Sections 2.5 of this Amendment.1.4 Service Eligibility Criteria in Section 2.9 apply to combinations of high capacity (OS1 and OS3) loops and interoffice transport (high capacity EELs). This includes new UNE EELs, EEL conversions (including commingled EEL conversions) or new commingled EELs (e., high capacity loops attached to special access transport). CLEC cannot utilize combinations of Unbundled Network Elements that include OS1 or OS3 Unbundled Loops and OS1 or OS3 unbundled dedicated interoffice transport (UOIT) to create high capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service Eligibility Criteria in Section 2. Transition for EEL - CLEC must verify that all embedded EEL meet the new Service Eligibility Criteria. Qwest account representatives will work with CLEC on a plan to convert any non-compliant EEL to other service arrangements. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Failure to Convert Non-Compliant EEL. Absent CLEC Transition of non-compliant EEL within ninety (90) days of the Execution Date of this Amendment, Qwest will convert services to alternate arrangements, subject to the dispute resolution process in Section 5.18 of the Agreement. CLEC is subject to back billing for the difference between the recurring rates for the UNEs and recurring rates for the Qwest alternative service arrangements to the 91 sl day. CLEC is also responsible for all non-recurring charges associated with such conversions, provided that Qwest shall not impose any untariffed termination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any such conversion. Loop-Mux Combination (LMC) Description Except as provided for in 7.2 (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 interofficetransport. 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 LMC provides CLEC with the ability to access End User Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth via a PL T/SA DS1 or DS3 multiplexer. There is no interoffice transport between the multiplexer and CLEC's Collocation. Qwest offers the LMC Loop as a billing conversion or as new provisioning. Terms and conditions An Extended Enhanced Loop (EEL) may be commingled with the PL T/SA multiplexed facility. LMC Loops will be provisioned where existing facilities are available. The PL T/SA DS1 or DS3 multiplexed facility must terminate in a Collocation. 2.4 The multiplexed facility is subject to all terms and conditions (ordering, provisioning, and billing) of the appropriate Tariff. The multiplexer and the Collocation must be located in the same Qwest Wire Center. A rearrangement nonrecurring charge may be assessed on some 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 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. Rate Elements 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 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 Nonrecurring charges for billing conversions to LMC Loops and Rearrangement of existing LMC Loops are set forth in Exhibit A. Ordering Process 2.4.Ordering processes for LMC Loop(s) are contained in this Agreement and in Qwest's Product Catalog (PCA T). The following is a high-level description of the ordering process: 2.4.Step 1: Complete product questionnaire for LMC Loop(s) with account team representative. 2.4.Step 2: Obtain billing account number (BAN) through account team representative. 2.4.Step 3: Allow two (2) to three (3) weeks from Qwest's receipt of a completed questionnaire for accurate loading of LMC rates to the Qwest billing system. 2.4.1.4 Step 4: After account team notification , place LMC Loop orders via an LSR. 2.4.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 2.4.Standard service intervals for LMC Loops are set forth in the Agreement or in the Service Interval Guide (SIG) available at www.qwestcom/whoiesale. 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 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 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. For LMC Loops, the service interval will begin on the next business 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. Billing Owest shall provide CLEC, on a monthly basis , within seven to ten (7 to 10) Days of the last day of the most recent billing period, in an agreed upon standard electronic billing format, billing information including (1) a summary bill and (2) individual End User Customer sub-account information. Maintenance and Repair Owest will maintain facilities and equipment for LMC Loops provided under this Agreement. Owest will maintain the multiplexed facility pursuant to the Tariff. CLEC or its End User Customers may not rearrange move , disconnect or attempt to repair Owest facilities or equipment, other than by connection or disconnection to any interface between Owest and the End User Customer, without the prior written consent of Owest. Commingling 1 To the extent it is Technically Feasible, CLEC may Commingle Telecommunications Services purchased on resale basis pursuant to Section 251(c)(4) of the Act with an Unbundled Network Element or combination of Unbundled Network Elements. The Parties acknowledge that under Section 6 of the Agreement, Non-telecommunications services and Enhanced or Information services are not Telecommunications Services available on a resale basis pursuant to Section 251(c)(4). In addition, the Parties acknowledge that Network Elements offered pursuant to Section 271 are not Telecommunications Services available on a resale basis pursuant to Section 251 (c)(4). As a result, such Non-telecommunications services, Enhanced or Information services and Network Elements offered pursuant to Section 271 may not be Commingled as resold services with Section 251 (c)(3) Unbundled Network Elements. 2 CLEC may Commingle UNEs and combinations of UNEs with wholesale services and facilities (e., Switched and Special Access Services offered pursuant to Tariff) and request Owest to perform the necessary functions to provision such Commingling. CLEC will be required to provide the CFA (Connecting Facility Assignment) of CLEC' network demarcation (e., Collocation or multiplexing facilities) for each UNE, UNE Combination, or wholesale service when requesting Owest to perform the Commingling of such services. Owest shall not deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Owest's network with Access Services. 3 When a UNE and another service are commingled, the service interval for each facility being commingled will apply only as long as a unique provisioning process is not 29-05-TRO and TRRO AmendmenVAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 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 will not be subject to performance measures and remedies, if any, contained in this Agreement or elsewhere, by virtue of that service 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. 3.4 Qwest is not obligated by the terms of this Agreement to 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. Notwithstanding the foregoing, the Parties may agree to such combining or commingling in a separate commercial agreement. 5 Non-UNE services are available for Commingling only in the manner in which they are provided in Qwest's applicable product Tariffs , catalogs, price lists, or other Telecommunications Services offerings. Entrance Facilities and mid-span meet SPOI obtained pursuant to the Local Interconnection section of the Agreement are not available for Commingling. 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 Qwest's special access or private line Tariffs. Terms and conditions for this Commingled arrangement are provided in Section 6.2 of this Amendment. Ratcheti ng 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 ratchet individual facilities. For purposes of this Amendment, ratcheting means a pricing mechanism that involves billing a single circuit at multiple rates to develop a single blended rate. Thus, Qwest is not required to implement any changes to its billing or other systems necessary to bill a single circuit at multiple rates (e., a DS3 circuit at rates based on special access services and UNEs) in order to charge CLEC a single, blended rate. Such commingling will not affect the prices of UNEs or UNE Combinations involved. To the extent a multiplexed facility is included in a Commingled circuit then: (1) the multiplexed facility will 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 billed pursuant to the appropriate Tariff 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 ATTACHMENT 1 Routine Network Modifications Qwest shall make all routine network modifications to unbundled loop and transport facilities used by GLEG 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 facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier. A routine network modification is an activity that the 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; installing 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 DS1 loop to activate such loop for its own customer. They also include activities needed to enable GLEG to light a dark fiber transport facility. 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 GLEG. 29-05-TRO and TRRO AmendmentlAT&T- Amendment to CDS-O40129-0006 0 Unbundled Network Elements (UNEs) Unbundled Loops Dlaital Capable Loops 3.4 DS1 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 3.4.Zone 1 3.4.Zone 2 3.4.Zone 3 Select the appropriate type of contract below. For cost docket changes, leave blank: New TRO and TRRO Exhibit A Transition Rates Idaho EAS / Local Traffic Reciprocal Compensation Election Select Traffic Type FCC Order Reciprocal Notes .ii" ..'.."." ) l ~ecurrlna ReCU ~:ie ~f N . ".. . ~;. ir;i $12. $12. $14. DS3 Transitional Rate 15% Incremental adjustment applies In addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 3.4.4.Zone 1 3.4.4.2 Zone 2 3.4.4.Zone 3 3.4.4 $141.29 $143.26 $189. Private Line / Special Access to Unbundled Looo Conversion (as is $34. Unbundled Dedicated Interoffice Transport (UDITI DS1 UDIT Transitional Rate 15% Incremental adjustment between non-Impaired wire centers, in addition to Monthly Rates. (Effective 3/11/05 thru 3/10/06) 6.2. 5.4 Over 0 to 8 Miles Over 8 to 25 Miles Over 25 to 50 Miles Over 50 Miles $5.46 $5. $5. $5. $0.48 $0.48 $0. $0. DS3 UDIT Transitional Rate 15% Incremental adjustment between non-impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru 3/10/06) 5.2 Over 0 to 8 Miles Over 8 to 25 Miles Over 25 to 50 Miles Over 50 Miles $8.11 $2. $3. $2. $35. $36. $33. $35. Private Line / Special Access to UDIT Conversion (as is) Unbundled Dark Fiber (UDF)7.4 UDF - Sinole Strand 7.4.1.6 UDF-IOF - Single Strand Transitional Rate 15% Incremental adjustment between non-impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru 9/10/06) 7.4. 7.4.1.6.2 7.4. 7.4.2 $131.19 Fiber Transport, per Strand / Mile Termination, Fixed, per Strand / Office / Termination Fiber Cross-Connect, per Strand / Office $7. $0. $0. UDF - Loop - Single Strand Transitional Rate for all wire centers (Effective 3/11/05 thru 9/10/06) 7.4. 7.4.2.4 7.4. 7.4. Fiber Loop, per Strand / Route Termination, Fixed, per Strand / Office Termination, Fixed, per Strand / Premise Fiber Cross-Connect, per Strand / Office $102. $5. $4. $3. UDF - per Pair 6 UDF-IOF - Per Pair Transitional Rate 15% Incremental adjustment between non- impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru 9/10/06) 1.6. Fiber Transport, per Pair / Mile Termination, Fixed, per Pair / Office / Termination Fiber Cross-Connect, per Pair / Office $9. $1.10 $0. UDF - Loop - Per Pair Transitional Rate for all wire centers (Effective 3/11/05 thru 9/10/06) 5.2.Fiber Loop, oer Route / per Pair 2.4 Termination, Fixed, per Pair / Office $151.02 $8. Qwest IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 Page 1 of 3 UDF MTE Subloop Local Switching 11.Ports 11.1. 11.1.2 11.1.3 11.1.4 TRO and TRRO Exhibit A Transition Rates Idaho " ':' .":: Termination, Fixed, per Pair / Premise Fiber Cross-Connect, per Pair / Office Analog Line Side Port Transitional Rate (REC rates effective 3/11/05 thru 3/10/06) 11. 11.1.1.2 First Port Each Additional Port Digital Line Side Port Transitional Rate (Supporting BRIISDN) (REC rates effective 3/11/05 thru 3/10/06) Dioital Trunk Ports 11.PBX / DID Trunk Port, per DS1 Transitional Rate (REC rate effective 3/11/05 thru 3/10/06) DSO Analog Trunk Port Transitional Rate (REC rates effective 3/11/05 thru 3/10/06) 11.1.4. 11.1.4. First Port Each Additional Port UNE Combinations 23.UNE Combinations - Loop MUX Combinations (LMC) 23.6.4 DS1 Capable Loop 23.DS1 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 23.6.4.3.Zone 1 23.6.4.3.Zone 2 23.Zone 3 23.Private Line / Special Access to LMC Conversion (as is) 23.Enhanced Extended Loop (EEL) 23.EEL DS1 23. 23.7.4 23. 9.23. EEL DS3 23.7.4. DS1 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 23.Zone 1 9.23.Zone 2 23.Zone 3 DS3 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 23.7.4.Zone 1 23.7.4.3.Zone 2 23.7.4.Zone 3 Private Line / Soecial Access to EEL Conversion (as is) EEL Transport 23.8.2.DS1Transitional Rate 15% Incremental adjustment between non- impaired wire centers, in addition to Monthly Rates. (Effective 3/11/05 thru 3/10/06) 23.8.2.Over 0 to 8 Miles 23.8.2.Over 8 to 25 Miles 23.8.2.Over 25 to 50 Miles 23.5.4 Over 50 Miles 23.8.3.DS3 Transitional Rate 15% Incremental adjustment between non- impaired wire centers, in addition to Monthly Rates. (Effective 3/11/05 thru 3/10/06) 23.OverOt08Miles 23.Over 8 to 25 Miles Qwest IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 , '' "...:" " . Recurrln9 l1eRecurring Mlle ' . $7.23 $4. ICB $2. $2. $13. $3.43 $15. $15. $12. $12. $14. $12. $12. $14. $141. $143. $189. $5.46 $5. $5. $5. $35. $36. . ,: ,.~. ~Q 0" CO(:l 0 Non' recurring $0.48 $0.48 $0. $0. $8.11 $2. ICB .................. $34. $34. Page 2 of 3 TRO and TRRO Exhibit A Transition Rates Idaho NOTES: B Cost Docket QWE- T-01-11, Order No. 29408 (January 5, 2004) rates effective January 5, 2004. * Transitional Rate Increment calculated using 15% of the existing rate, per CC Docket Nos. 01-338 & 04-313 Order on Remand (released 2/4/05), effective 3/11/05 ** Rate includes 15% increase authorized in CC Docket Nos. 01-338 & 04-313 Order on Remand (released 2/4/05), effective 3/11/05 *** Rate includes $1.00 per Port increase authorized in CC Docket Nos. 01-338 & 04-313 Order on Remand (released 2/4/05), effective 3/11/05 (1) TELRIC rates proposed in Cost Docket QWE-01-11 testimony filed on November 12, 2003. The case was bifurcated and the rates using this footnote are proposed In Phase 2 of the cost docket. 3 1GB, Individual Case Basis pricing. Qwest IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 , , .. :xI c , . . :xl .:m ,m _:xl.0 ii'~' Page 3 of 3