The URL can be used to link to this page

Home My WebLink About20080425Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seatle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 \ S\ON Qwest~ Spirit of Service~ Maura E. Peterson Paralegal Regulatory Law Via Overnight delivery April 23, 2008 Jean Jewell, Secretary Idaho Public Utilties Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0WtØ_ Re: Case No.~-T-04-20 Application for Approval of Amendment to the Interconnection Agreement Time Warner Telecom of Idaho, LLC 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 this rna 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(§qwest.com 31 , i.e"') ~;\ŠS10N 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 -04-20 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 August 2, 2004 (the "Agreement"). The Amendment with Time Warer Telecom ofIdaho, LLC is submitted herewith. This Amendment was reached through voluntay negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"). Section 252( e )(2) of the Act directs that a state Commission may reject an amendment reached through voluntay negotiations only if the Commission finds that: the amendment (or portiones) thereof) discriminates against a telecommuncations carier not a pary 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 wil enable Time APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 1 Time Warer Telecom ofIdaho, LLC Agreement Term Extension Amendment Warer Telecom of Idaho, LLC to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest fuer 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 paries not a pary to the negotiations. Expeditious approval would furher the public interest. Respectfully submitted this :i'3C~ay of April, 2008. /1 est Copor f l/Ô..~i (. '. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Time Warer Telecom ofIdaho, LLC Agreement Term Extension Amendment CERTIFICATE OF SERVICE I hereby certify that on this ') sf° day of April, 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 jjeweiicmpuc.state.id. us Hand Delivery U. S. Mail -- Overnight Delivery Facsimile Email Tina Davis 10475 Park Meadows Drive Littleton, CO 80124 Hand Delivery -- U.,S. Mail Overnight Delivery Facsimile Time Warner Telecom 233 Taylor Avenue North Seattle, W A 98109 'I UCSll~4.L APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Time Warer Telecom ofIdaho, LLC Agreement Term Extension Amendment Agreement Term Extension Amendment to the Interconnection Agreement between Qwest Corporation and Time Warner Telecom of Idaho LLC for the State of Idaho 3 \ SiON This is an Amendment ("Amendment") for extending the term and other terms and conditions changes of the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and Time Warner Telecom of Idaho LLC ("CLEC"). CLEC and Qwest shall be known jointly as the ("Parties"). RECITALS WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of Idaho, that was approved by the Idaho Public Utilities Commission ("Commission") on August 2, 2004, as referenced in Case No. QWE- T -04-20, Order No. 29559 ("Agreement"); and WHEREAS, the Parties wish to amend the Agreement further under the terms and conditions contained herein. AGREEMENT NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receiptand suffciency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms The Agreement is hereby amended by replacing terms, conditions and rates as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto and incorporated herein by this reference. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties agree to implement the provisions of this Amendment upon execution. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force and effect. The provisions of this Amendment, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Amendment may not be given without the written consent thereto by both Parties' authorized representative. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. December 10, 200711hdmme Wamer/Agmt Term Extension AmdllD Amendment to CDS-040622-0003 Agreement Term Extension Amendment 512212007 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 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. Time Warner Telecom of Idaho LLC By: Time Warner Telecom Holdings Inc., Its sole member Qwest Corporation lNn~ Signature ~L Signature Tina Davis Name Printed/yped L.T.Christensen Name Printed/yped Sr. Vice Presidènt and Deputy General Counsel Title3/Z7/0?: Date Date December 10, 2007/lhdffme Warner/Agmt Term Extension Amd/ID Amendment to CDS-040622-0003 Agreement Term Extension Amendment 5/22/2007 2 ATTACHMENT 1 Terms and Conditions Substitution The following paragraphs and sections shall replace language of the Agreement. Section 1.8 General Terms 1.8 With respect to the terms and provisions of this Agreement, Qwest has negotiated the Agreement in its entirety, and the inclusion of any particular provision, or rate, term and condition, is not evidence of the reasonableness thereof when considered apart from all other provisions of the Agreement. Section 2.2 Interpretation and Construction 2.2 The provisions in this Agreement are intended to be in compliance with and based on the existing state of the law, rules, regulations and interpretations thereof, including but not limited to state and federal rules, regulations, and laws as of March 11, 2005 (the Existing Rules). Nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the Existing Rules or an admission by Qwest or CLEC that the Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed, vacated, dismissed, stayed or modified. To the extent that the Existing Rules are vacated, dismissed, stayed or materially changed or modified, then this Agreement shall be amended to reflect such legally binding modification or change of the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days after notification from a Party seeking amendment due to a modification or change of the Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. It is expressly understood that this Agreement wil be corrected, or if requested by CLEC, amended as set forth in this Section 2.2, to reflect the outcome of generic proceedings by the Commission for pricing, service standards, or other matters covered by this Agreement. Rates in Exhibit A wil reflect legally binding decisions of the Commission and shall be applied on a prospective basis from the effective date of the legally binding Commission decision, unless otherwise ordered by the Commission. Where a Party provides notice to the other Party within thirty (30) Days of the effective date of an order issuing a legally binding change, any resulting amendment shall be deemed effective on the effective date of the legally binding change or modification of the Existing Rules for rates, and to the extent practicable for other terms and conditions, unless otherwise ordered. In the event neither Party provides notice within thirty (30) Days, the effective date of the legally binding change shall be the Effective Date of the amendment unless the Parties agree to a different date. During the pendency of any negotiation for an amendment pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms and conditions of this Agreement, for up to sixty (60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day negotiation period, the Parties agree that the first matter to be resolved during Dispute Resolution will be the implementation of an interim operating agreement between the December 10, 200711hdfTme Warner/Agmt Term Extension Amd/iD Amendment to CDS-040622-0003 Agreement Term Extension Amendment 5122/2007 3 Parties regarding the disputed issues, to be effective during the pendency of Dispute Resolution. The Parties agree that the interim operating agreement shall be determined and implemented within the first fifteen (15) Days of Dispute Resolution and the Parties wil continue to perform their obligations in accordance with the terms and conditions of this Agreement, until the interim operating agreement is implemented. For purposes of this section, "legally binding" means that the legal ruling has not been stayed, no request for a stay is pending, and any deadline for requesting a stay designated by statute or regulation, has passed. Section 5.2.1 Term of Agreement 5.2.1 The term of the Agreement shall be extended to expire two years after the execution date of this Amendment. 5.2.2.1 Intentionally Left Blank Section 5.4.4 Payment 5.4.4 Should CLEC or Qwest dispute, in good faith, and not pay the disputed portion of the charges under this Agreement, the Parties wil notify each other in writing within fifteen (15) Days following the payment due date identifying the amount, reason and rationale of such dispute. At a minimum, CLEC and Qwest shall pay all undisputed amounts due. Both CLEC and Qwest agree to expedite the investigation of any disputed amounts, promptly provide reasonably requested documentation regarding the amount disputed, and work in good faith in an effort to resolve and settle the dispute through informal means prior to invoking any other rights or remedies. 5.4.4.1 If a Party disputes charges and does not pay .such charges by the payment due date, such charges may be subject to late payment charges. If the disputed charges have been withheld and the dispute is resolved in favor of the Billng Party, the withholding Party shall pay the disputed amount and applicable late payment charges on the next Bil Date, if possible, but no later than the second Bil Date following the resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the Billng Party shall credit the bil of the disputing Party for the amount of the disputed charges and any late payment charges that have been assessed no later than the second Bil Date after the resolution of the dispute. If a Party pays the disputed charges and the dispute is resolved in favor of the Billng Party, no further action is required. 5.4.4.2 If a Party pays the disputed charges and the dispute is resolved in favor of the Billng Party, no further action is required. If a Party pays the charges disputed at the time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the dispute is resolved in favor of the disputing Party, the Biling Party wil adjust the Billing, usually within two (2) Biling cycles, after the resolution of the dispute, as follows: (1) The Biling Party wil credit the Biled Party's bil for the disputed amount and any associated interest; or (2) If the disputed amount is greater than the bil to be credited, pay December 10, 200711hdtrme Warner/Agmt Term Exension AmdllD Amendment to CDS-040622-0003 Agreement Term Extension Amendment 5122/2007 4 the remaining amount to the Biled Party. (3) The interest calculated on the disputed amounts wil be the same rate as late payment charges. In no event, however, will any late payment charges be assessed on any previously assessed late payment charges. 5.4.4.3 If the Biled Party fails to dispute a rate or charge within sixty (60) Days following the invoice date on which the rate or charge appeared, adjustment wil be made on a going-forward basis only, beginning with the date of the dispute. Section 5.18 Dispute Resolution 5.18.1 The Parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of, or relating to, this Agreement. Either Party may give written notice to the other Party of any dispute not resolved in the normal course of business. Each Party wil within seven (7) Days after delivery of the written notice of dispute, designate a vice-president level employee or a representative with authority to make commitments to review, meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives, and the locations, format, frequency, duration, and conclusions of these discussions wil be at the discretion of the representatives. By mutual agreement, the representatives may use other procedures to assist in these negotiations. The discussions and correspondence among the representatives for the purposes of these negotiations will be treated as Confidential Information (Confidential Information) developed for purposes of settlement, and wil be exempt from discovery and production, and not be admissible in any subsequent proceedings without the concurrence of both Parties. 5.18.2 If the designated representatives have not reached a resolution of the dispute within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by the Parties), then either Party may commence a civil action or regulatory proceeding, as applicable. Unless the action falls within the exclusive jurisdiction of the Federal Communications Commission or the state Public Utilities Commission, any action wil be brought in the United States District Court for the District of Colorado if it has subject matter jurisdiction over the action, and shall otherwise be brought in the Denver District Court for the State of Colorado. The Parties agree that such courts have personal jurisdiction over them. 5.18.3 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity. 5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4, regardless of the form, arising out of or relating to this Agreement, may be brought by either Party more than two (2) years after the cause of action arises. December 10, 200711hdfTme Wamer/Agmt Term Extension Amd/iD Amendment to CDS-040622-0003 Agreement Term Extension Amendment 512212007 5 Section 7.3.1.1.3.1 Entrance Facilities 7.3.1.1.3.1 The provider of the LIS two-way Entrance Facility (EF) wil initially share the cost of the LIS two-way EF by assuming an initial relative use factor (RUF) of fifty percent (50%) for a minimum of one (1) quarter if the Parties have not exchanged LIS traffic previously. The nominal charge to the other Party for the use of the EF, as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Party will be according to this initial relative use factor for a minimum of one (1) quarter. The initial relative use factor wil continue for both bil reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non- ISP-bound traffc to substantiate a change in that factor. If CLEC's End User Customers are assigned NPA-NXXs associated with a rate center different from the rate center where the End User Customers are physically located, traffc that does not originate and terminate within the same Qwest Local Calling Area, regardless of the called and calling NPA-NXXs involving those End User Customers, is referred to as "VNXX traffc." For purposes of determining the relative use factor, the terminating carrier is responsible for ISP-bound traffc and for VNXX traffc. If either Party demonstrates with traffic data that actual minutes of use during the previous quarter justifies a new relative use factor, that Party wil send a notice to the other Party. The new factor wil be calculated based upon Exhibit H. Once the Parties finalize a new factor, bil reductions and payments wil apply going forward from the date the original notice was sent. ISP-bound traffc or traffic delivered to Enhanced Service providers is interstate in nature. Qwest has never agreed to exchange VNXX traffc with CLEC. Section 7.3.2.2.1 Direct Trunked Transport 7.3.2.2.1 The provider of the LIS two-way OTT facility wil initially share the cost of the LIS two-way OTT facility by assuming an initial relative use factor of fifty percent (50%) for a minimum of one (1) quarter if the Parties have not exchanged LIS traffic previously. The nominal charge to the other Party for the use of the OTT facility, as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Party wil be according to this initial relative use factor for a minimum of one (1) quarter. The initial relative use factor wil continue for both bil reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non- ISP-bound traffc to substantiate a change in that factor. If CLEC's End User Customers are assigned NPA-NXXs associated with a rate center other than the rate center where the End User Customers are physically located, traffic that does not originate and terminate within the same Qwest Local Calling Area, regardless of the called.and callng NPA-NXXs involving those End User Customers, is referred to as "VNXX traffc." For purposes of determining the relative use factor, the terminating carrier is responsible for ISP-bound traffc and for VNXX traffc. If either Party demonstrates with traffc data that actual minutes of use during the previous quarter justifies a new relative use factor, that Party wil send a notice to the other Party. The new factor wil be calculated based upon Exhibit H. Once the Parties finalize a new factor, bil reductions and payments will apply going forward from the date the original notice was sent. ISP-bound traffc is interstate in nature. Qwest has never agreed to exchange VNXX traffc with CLEC. December 10, 200711hdfTme Wamer/Agmt Term Extension AmdlID Amendment to CDS-04622-0003 Agreement Term Extension Amendment 5122/2007 6 7.3.7 Transit Traffc The following rates wil apply: 7.3.7.1 Local Transit: A per-minute-of-use rate wil be charged to the originating Party, as contained in Exhibit A. 7.3.7.2 IntraLATA Toll Transit: A per-minute-of-use rate will be charged to the originating Party, as contained in Exhibit A. 7.3.7.3 Jointly Provided Switched Access: The applicable Switched Access rates wil be biled by the Parties to the IXC based on MECAB guidelines and each Party's respective FCC and state access Tariffs. 7.3.7.4 Category 11 mechanized record charge, per record, for records provided to the terminating Party, as contained in Exhibit A. Section 10.5 Directory Assistance Service 10.5.1 Description 10.5.1.1 Directory Assistance Service is a voice service that Qwest provides to its own End User Customers, reseller and/or facilities-based CLEC, and to other Telecommunications Carriers. Directory Assistance Service provided to CLEC includes non-discriminatory access to Qwests Directory Assistance centers, services, and Directory Assistance Databases. Directory Assistance Service provides voice callers published and nonlisted listing information, which is comprised of name and telephone number, and address if available, as contained in Qwests then-current Directory Assistance Database and in the national Directory Assistance Database that is accessed by Qwest. Directory Assistance Service is available with CLEC-specific branding,generic branding and with Directory Assistance Call Completion service options, where available. If facilties-based CLEC chooses to access Qwests Directory Assistance Service, it is provided to CLEC under this Agreement pursuant to Section 251 (b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. 10.5.1.1.1 Directory Assistance Service. 10.5.1.1.1.1 Local Directory Assistance Service. Provides CLEC's End User Customers published and non-listed Listing information within the callets LATA that are included in Qwests then-current Directory Assistance Database. 10.5.1.1.1.2 National Directory Assistance Service. Provides CLEC's End User Customers published and nonlisted listing information from the database of the national Directory Assistance Services vendor selected and accessed by Qwest. 10.5.1.1.1.3 Call Branding Service. Provides CLEC Local and national Directory Assistance Service that is branded with the December 10, 200711hdfTme Warner/Agmt Term Extension AmdlID Amendment to CDS-040622-0003 Agreement Term Exension Amendment 5122/2007 7 brand of CLEC (CLEC-specific branding), where Technically Feasible, or with a generic brand. CLEC-specific Call Branding announces CLEC's name to CLEC's End User Customer at the start and completion of the calL. Generic branding does not announce any provider's name. CLEC-specific Call Branding and generic branding are optional services available to CLEC. a) Front End CLEC-specific Call Branding Announces CLEC's name to CLEC's End User Customer at the start of the calL. b) Back End CLEC-specific Call Branding Announces CLEC's name to CLEC's End User Customer at the completion of the call. c) Intentionally Left Blank. d) Qwest will record CLEC's specific brand message. 10.5.1.1.1.4 Call completion service allows CLEC's End User Customers' 10cai/intraLA TA calls to be completed, where available. 10.5.1.1.2 Intentionally Left Blank. Intentionally Left Blank.10.5.1.1.3 10.5.2 Terms and Conditions 10.5.2.0 Directory Assistance Service accessed over CLEC's resold local exchange lines includes terms and conditions (except prices) for Directory Assistance Service in Qwests applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controllng. Directory Assistance Service is available to facilties-based CLEC as described in this Section unless otherwise noted. If facilties-based CLEC chooses to access Qwests Directory Assistance Service, it is provided to CLEC under this Agreement pursuant to Section 251(b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. Directory Assistance Service is available to CLEC as a facilities- based provider at the market-based prices contained in Exhibit A. 10.5.2.1 Intentionally Left Blank. 10.5.2.2 Qwests Directory Assistance Database contains only those published and non-listed telephone number Listings obtained by Qwest from its own End User Customers and other Telecommunications Carriers. 10.5.2.3 Qwest wil provide access to Directory Assistance Service for facilities-based CLEC using its own or a third party's Switch(es) via dedicated December 10, 200711hdlTme Wamer/Agmt Term Extension Amd/iD Amendment to CDS-040622-0003 Agreement Term Extension Amendment 5122/2007 8 multi-frequency (MF) operator service trunks. CLEC may purchase operator service trunks from Qwest or provide them itself. These operator service trunks wil be connected directly to a Qwest Directory Assistance host or remote Switch. CLEC will be required to order or provide at least one (1) operator services trunk for each NPA served. 10.5.2.4 Qwest wil perform Directory Assistance Services for CLEC in accordance with operating methods, practices, and standards in effect for all Qwest End User Customers. Qwest wil provide the same priority of handling for CLEC's End User Customer calls to Qwests Directory Assistance Service as it provides for its own End User Customer calls. Calls to Qwests Directory Assistance Service are handled on a first come, first served basis, without regard to whether calls are originated by CLEC or Qwest End User Customers. 10.5.2.5 CLEC-specific Call Branding for Directory Assistance requires recording CLEC's name. 10.5.2.6 10.5.2.7 Intentionally Left Blank. Intentionally Left Blank. 10.5.2.8 Reseller CLEC's End User Customers will use the same dialing pattern to access Directory Assistance Service as used by Qwests End User Customers (i.e., 411,555-1212, or NPA+555-1212). 10.5.2.9 Facilities-based CLEC using its own or a third party's Switch(es) may choose to have its End User Customers dial a unique number or use the same dialing pattern as Qwest End User Customers use to access Qwest Directory Assistance Service. 10.5.2.10 Qwest will timely enter into its directory assistance database updates of CLEC's Listings that CLEC provides to Qwest as described in Section 10.4. Qwest will incorporate CLEC End User Customer Listings in the Directory Assistance Database. Qwest wil incorporate CLEC's End User Customer Listings information in all existing and future Directory Assistance applications developed by Qwest. Qwest wil implement quality assurance procedures such as random testing for listing accuracy. Qwest wil identify itself to End User Customers callng its Directory Assistance Service provided for itself either by company name or operating company name or operating company number so that End User Customers have a means to identify with whom they are dealing. 10.5.2.10.1 In accordance with Section 18, where CLEC supplies its Listings to Qwest, CLEC may request a comprehensive audit of Qwests use of CLEC's Listings for Directory Assistance Service. In addition to the terms specified in Section 18, the following also apply: as used herein, "Audit" shall mean a comprehensive review of the other Party's delivery and use of the Listings for Directory Assistance Service provided hereunder and such other Party's performance of its obligations under this Agreement. CLEC may perform up to two (2) audits per twelve (12) month period commencing with the Effective Date of this Agreement of Qwests use of CLEC's Listings in Qwests Directory Assistance Service. December 10, 200711hdIime Wamer/Agmt Term Extension AmdlID Amendment to CDS-Q40622-0003 Agreement Term Extension Amendment 5122/2007 9 CLEC shall be entitled to "seed" or specially code some or all of the Listings for Directory Assistance Service that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in this Agreement. 1 0.5.2.11-Qwest shall use CLEC's Listings supplied to Qwest by CLEC under the terms of this Agreement for purposes of providing Directory Assistance Service and for other lawful purposes, except that CLEC's Listings supplied to Qwest by CLEC and marked as non published or nonlisted Listings shall not be used for marketing purposes, subject to the terms and conditions of this Agreement. 10.5.3 Rate Elements The following rate elements apply to Directory Assistance Service. Directory Assistance Service is provided to CLEC for resale with resold local exchange lines at the Qwest retail price less the wholesale discount contained in Exhibit A, if any. Directory Assistance Service is provided to CLEC as a facilities-based provider at the market- based prices contained in Exhibit A. 10.5.3.1 A per-call rate applies for Local Directory Assistance and for national Directory Assistance Services. 10.5.3.2 10.5.3.3 Intentionally Left Blank A per-call rate is applicable for call completion service. 10.5.4 Ordering Process CLEC wil order Directory Assistance Service by completing the questionnaire entitled "Qwest Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange Carriers." This questionnaire may be obtained from CLEC's Qwest account manager. 10.5.5 Biling 10.5.5.1 Qwest wil track and bil CLEC for the number of calls placed to Qwests Directory Assistance Service by CLEC's End User Customers as well as for the number of requests for call completion service. 10.5.5.2 For purposes of determining when CLEC is obligated to pay the per call rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is received by the operator services Switch. An End User Customer may request and receive no more than two (2) telephone numbers per Directory Assistance calL. Qwest will not credit, rebate or waive the per call charge due to any failure to provide a telephone number. 10.5.5.3 Call completion service wil be charged at the per call rate when the End User Customer completes the required action (Le., "press the number one," "stay on the line," etc.). December 10, 2007/lhdfTme Warner/Agmt Term Exension AmdlID Amendment to CDS-Q40622-0003 Agreement Term Extension Amendment 512212007 10 Section 10.7 Toll and Assistance Operator Services 10.7.1 Description 10.7. 1.1 Toll and assistance operator services (operator services) are a family of offerings that assist CLEC's resale and facilties-based End User Customers in making and receiving EAS/local and IntraLATA toll calls. Operator services provided to CLEC include non-discriminatory access to Qwest operator service centers, services, and personneL. If facilities-based CLEC using Qwests, its own, or a third party's Switch (es) chooses to access Qwests operator services, they are provided to CLEC under this Agreement pursuant to Section 251(b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. Operator services shall be provided to CLEC as a facilities-based provider at the market-based rates contained in Exhibit A. 10.7.1.1.1 EAS/Local and IntraLATA Assistance. Assists CLEC End User Customers requesting help or information on making and receiving EAS/local and IntraLATA toll calls, connects CLEC End User Customers to Qwests Directory Assistance Service, and provides other information and guidance, including referral to the business offce and repair, as may be consistent with Qwests customary practice for providing End User Customer assistance. 10.7.1.1.2 Intentionally Left Blank. 10.7.1.1.3 Emergency Assistance. Provides assistance for handling CLEC's End User Customer's EAS/local and IntraLATA toll calls to emergency agencies, including but not limited to, police, sheriff, highway patrol and fire. CLEC is responsible for providing Qwest with the appropriate emergency agency numbers and updates. 10.7.1.1.4 Busy Line Verification (BL V) is performed when CLEC's End User Customers request assistance from the operator bureau to determine if a called line is in use. The operator wil not complete the call for the callng party initiating the BLV inquiry. Only one BLV attempt will be made per call, and a charge shall apply. 10.7.1.1.5 Busy Line Interrupt (BLI) is performed when CLEC's End User Customers request assistance from the operator to interrupt a telephone call in progress. The operator wil interrupt the busy line and inform the called party that there is a call waiting. The operator wil not connect the callng and called parties. The operator wil make only one BLI attempt per call and the applicable charge applies whether or not the called party releases the line. 10.7.1.1.6 Quote Service - Provides time and charges to hotel/motel and other CLEC End User Customers for guest/account identification. 10.7.1.1.7 CLEC-Specific Call Branding Service. Provides CLEC's End User Customers the operator services listed in this Section branded December 10, 200711hdlTme Wamer/Agmt Term Exension Amd/iD Amendment to CDS-040622-0003 Agreement Term Extension Amendment 5122/2007 11 with the brand of CLEC (CLEC-specific branding), where Technically Feasible, or with a generic brand. CLEC-specific Call Branding announces CLEC's name to CLEC's End User Customer at the start and completion of the calL. Generic branding does not announce any provider's name. CLEC-specific and generic Call Branding are optional services available to CLEC. 10.7.1.1.7.1 Front End CLEC-specific Call Branding Announces CLEC's name to CLEC's End User Customer at the start of the calL. 10.7.1.1.7.2 Back End CLEC-specific Call Branding Announces CLEC's name to CLEC's End User Customer at the completion of the call. 10.7.2 Terms and Conditions 10.7.2.0 Operator services accessed over CLEC's resold local exchange lines include terms and conditions (except prices) for operator services in Qwests applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controllng. Operator services are available to facilties-based CLEC as described in this Section 10.7, unless otherwise noted. 10.7.2.0.1 Qwest does not authorize CLEC to offer Qwest the incumbent Local Exchange Carrier (ILEC) as a Local Primary Interexchange Carrier (LPIC) to its existing or new End User Customers on Qwests behalf. If CLEC assigns Qwest the ILEC, LPIC 5123, to CLEC's existing or new End User Customers, Qwest will bil reseller CLEC for IntraLATA Toll services at the Qwest retail rate less the wholesale discount contained in Exhibit A, if any, and wil bil facilities- based CLEC at the rates contained or referenced in Exhibit A, and Qwest will not directly bil CLEC's End User Customers for such IntraLATA Toll services. 10.7.2.0.2 If CLEC assigns Qwest the ILEC, PiC 5123, to CLEC's existing or new End User Customers, transport beyond Qwests local interoffice network for IntraLATA Toll services wil be provided over Qwests IntraLATA Toll network. Routing tables resident in Qwests Switch(es) wil direct CLEC's traffic over Qwests interoffice message trunk network. 10.7.2.0.3 If, during the term of this Agreement, Qwest the ILEC offers IntraLATA Toll services directly to CLEC's End User Customers, Qwest wil establish its own biling relationship with such End User Customers, and Qwest wil not bil CLEC, and CLEC shall have no obligation to pay Qwest, for such I ntraLA T A Toll services Qwest provides to CLEC's End User Customers. 10.7.2.1 For facilities-based CLEC using its own or a third party's December 10, 200711hdlTme Wamer/Agmt Term Extension AmdlID Amendment to CDS-040622-0003 Agreement Term Extension Amendment 5/2212007 12 Switch(es), Interconnection to Qwests operator services Switch is Technically Feasible at two (2) distinct points on the Trunk Side of the Switch. The first connection point is an operator services trunk connected directly to the Qwest operator services host Switch. The second connection point is an operator services trunk connected directly to a remote Qwest operator services Switch. 10.7.2.2 Trunk Provisioning and facility ownership must follow Qwest guidelines. 10.7.2.3 In order for CLEC to use Qwests operator services as a facilities- based CLEC using its own or a third party's Switch(es), CLEC must provide an operator service trunk between CLEC's End Office Switch and the Interconnection point on the Qwest operator services Switch for each NPA served. 10.7.2.4 The technical requirements of operator service trunk are covered in the Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR-NWT-000271, Section 6 (Signaling) and Section 10 (System Interfaces) in general requirements form. 10.7.2.5 Each Party's operator bureau shall accept BLV and BLI inquiries from the operator bureau of the other Party in order to allow transparent provision of BL VlBLI traffc between the Parties' networks. 10.7.2.6 Facilities-based CLEC using its own or a third party's Switch(es) wil provide separate no-test trunks (not the 10calllntraLATA trunks) to the Qwest BLV/BLI hub or to the Qwest operator services Switches. 10.7.2.7 Qwest wil perform operator services in accordance with operating methods, practices, and standards in effect for all its End User Customers, including making and receiving EAS/local and IntraLATA Toll calls. Qwest will respond to CLEC's End User Customer calls to Qwests operator services according to the same priority scheme as it responds to Qwests End User Customer calls. Calls to Qwests operator services are handled on a first come, first served basis, without regard to whether calls are originated by CLEC or Qwest End User Customers. 10.7.2.8 Qwest wil provide operator services to CLEC where Technically Feasible and facilities are available. Qwest may from time-to-time modify and change the nature, extent, and detail of specific operator services available to its retail End User Customers, and to the extent it does so, Qwest will provide notice to CLEC on a timely basis consistent with Commission rules and notice requirements. 10.7.2.9 Qwest shall maintain adequate equipment and personnel to reasonably perform the operator services. Facilties-based CLEC using its own ora third party's Switch(es) shall provide and maintain the facilities necessary to connect its End User Customers to the locations where Qwest provides the operator services and to provide all information and data needed or reasonably requested by Qwest in order to perform the operator services. December 10, 200711hdfTme Wamer/Agmt Term Extension Amd/iD Amendment to CDS-040622-0003 Agreement Term Extension Amendment 5122/2007 13 10.7.2.10 Intentionally Left Blank. 10.7.2.11 CLEC-specific Call Branding for operator services includes recording and setting up CLEC's brand message and loading the brand message into Qwests Switch(es). Qwest wil record CLEC's brand message. 10.7.2.12 Intentionally Left Blank. 10.7.2.13 Reseller CLEC's End User Customers dial the same number Qwests own End User Customers dial to access operator services, including "0" or "0+." Facilities-based CLEC using its own or a third party's Switch(es) may choose to have its End User Customers access Qwest operators by dialing a unique number or by using the same dialing pattern as used by Qwest End User Customers. 10.7.3 Rate Elements The following rate elements apply to operator services. Operator services are provided to CLEC for resale with resold local exchange lines at the Qwest retail price less the wholesale discount contained in Exhibit A, if any. Operator services are provided to CLEC as a facilities-based provider at the market-based prices contained in Exhibit A. 10.7.3.1 Operator services are priced on a per call basis, as follows. 10.7.3.1.1 Operator Services Calls - Charges apply for each completed call handled by operator services, including EAS/local calls and IntraLA TA toll calls made, or received and accepted, by CLEC's End User Customer. 10.7.3.1.2 10.7.3.1.3 10.7.3.1.4 10.7.3.1.5 Intentionally Left Blank. Intentionally Left Blank. Intentionally Left Blank. Intentionally Left Blank. 10.7.3.1.6 Busy Line Verify - Charges apply for each call where the operator determines that conversation exists on a line. 10.7.3.1.7 Busy Line Interrupt - Charges apply for each call where the operator interrupts conversation on a busy line and requests release of the line. 10.7.3.1.8 Operator Assistance - Charges apply for operator assistance whether a call is completed or not, that does not otherwise generate an operator surcharge as described in this Section. These calls include, but are not limited to: calls given the DDD rate because of transmission problems; calls where the operator has determined there should be no charge, such as Busy Line Verify attempts where conversation was not found on the line; calls where CLEC's End User December 10, 200711hdfTme Warner/Agmt Term Extension AmdlID Amendment to CDS-040622-0003 Agreement Term Extension Amendment 5122/2007 14 .. Customer requests information from the operator and no attempt is made to complete a call; and calls for quotation service. 10.7.3.1.9 "Completed call" as used in this Section shall mean that CLEC's End User Customer makes contact with the location, telephone number, person or extension designated by the End User Customer. 10.7.3.2 i ntentionally Left Blank. 10.7.3.3 CLEC-Specific Call Branding Nonrecurring Charges. Qwest wil charge CLEC a nonrecurring set-up and recording fee for establishing CLEC- specific Call Branding, and for loading CLEC's brand message in Qwests Switch(es). CLEC must pay such nonrecurring charges prior to commencement of CLEC-specific branding. The nonrecurring charges apply each time CLEC's brand message is changed. The nonrecurring charge to load the Switches with CLEC's branded message wil be assessed each time there is any change to the Switch. 10.7.4 Ordering Process CLEC wil order operator services by completing the "Qwest Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange Carriers." Copies of this questionnaire may be obtained from CLEC's designated Qwest account manager. 10.7.5 Biling 10.7.5.1 Qwest wil track usage and bil CLEC for the calls made and received by CLEC's End User Customers and facilities. 10.7.5.2 Qwest wil compute CLEC's invoice based on calls made and received by CLEC's End User Customers. 10.7.5.3 If, due to equipment malfunction or other error, Qwest does not have available the necessary information to compile an accurate Biling statement, Qwest may render a reasonably estimated bil, but shall notify CLEC of such estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bil reflecting actual bilable quantities when and if the information necessary for the Biling statement becomes available. 10.7.5.4 Qwest shall provide to CLEC usage information within Qwests control with respect to calls originated by or terminated to CLEC's End User Customers in the form of the actual information that is comparable to the information Qwest uses to bil its own End User Customers. Without limiting the generality of the foregoing, Qwest shall provide CLEC with Daily Usage Feed (DUF) billng information. 10.7.5.5 Qwest wil provide DUF records for all usage billable to CLEC's lines, including Busy Line Verify (BL V), Busy Line Interrupt (BLI), and Qwest- ILEC-provided intraLATA tolL. These records wil be provided as Category 01 or Category 10 EMI records. Both Parties wil make a reasonable effort to produce the Category 01 or 10 EMI records in compliance with OBF, EMI guidelines. December 10, 200711hdlTme Wamer/Agmt Term Extension AmdIID Amendment to CDS-Q40622-0003 Agreement Term Extension Amendment 5122/2007 15 .. 10.7.5.6 If CLEC assigns Qwest the ILEC to provide IntraLATA Toll services for its End User Customers, Qwest shall bill CLEC and CLEC shall pay Qwest for such services in accordance with Exhibit A. December 10, 2007RhdfTme Warner/Agmt Term Extension Amd/iD Amendment to CDS-Q40622-0003 Agreement Term Extension Amendment 5122/2007 16 .. ..TimeWamer Term Extension Amendment Exhibit A Idaho 7.0 Inteonnection 7.9 Transit Traffc 7.9.1 Local & IntraLATA Toll Transit er Minute of Use 7.9.2 Intentional Lef Blank 7.9.3 Intentionall Left Blank 7.9.4 Cat 0 11 Mechanized Record Char e er Recrd 7.9.4.1 Mechanized Transit Records 7.10 Jointl Provided Switched Accss Services 7.10.1 Mechanized Accss Recrds $0.002735 $0.0025 2 13 $0.0014877 A $0.34 2 $0.34 2 $0.04 2 $0.50 2 0.72 2 $0.87 2 $1050.00 2 $800.00 2 10.0 Ancllia 10.4 Services Dlrect Assistance Facll Based Providers 10.4.1 Local Directo Assistance er Call 10.4.2 National Directo Assistance r Call 10.4.3 Intentional Left Blank 10.4.4 Intentionall Lef Blank 10.4.5 Call Com Ieion r Call 10.6 Based Providers NOTES: ê Rate develope specifcally for Time Wamer based on Time Wamer's Transit trffc to anyone carrier above a DS1's woh of traic. One year frm the Effecive Date of this Amendment, Owest or Time Wamer may request a revie of the percent of Time Wamer's Transit trafic to anyone carrier above a DS1's wo of trc and, as of the request date of such review, the Parties wil implement the new Locl and IntraLATA Toll Transit, per Minute of Use rae. A 2 Market-based rates. 13 The provision of transiting servics is not require pursuant to Section 251 of the Telemmunicaions Act. Owest haS chosen to ofer this seice as part of its interconnection agreement, but this serice Is not reuired to be priced accrding to a TELRIC methodology. Owest Idaho Term Extension Amendment Exhibit A September 4, 2007 Page 1 of 1 . EXHIBIT H Calculation of the Relative Use Factor (RUF) Minutes that are Qwests responsibilty (A): · All EAS/LocaI251(b)(5) Minutes of Use (MOU) that Qwest sends to CLEC · All Qwest Exchange Access MOU that Qwest sends to CLEC · EAS/Local 251 (b)(5) traffc that transits Qwest network and is terminated to CLEC, for which Qwest receives compensation from the originating Carrier for performing the local transiting function · AllintraLATA transit MOU that Qwest sends to CLEC . All ISP-bound and FX MOU that CLEC sends to Qwest Minutes that are CLEC's responsibilty (B): · All EAS/LocaI251(b)(5) MOU that CLEC sends to Qwest . All Exchange Access MOU that CLEC sends to Qwest . All EAS/Local 251 (b)(5) traffic that CLEC sends to Qwest for termination on another Carrier's network . AllintraLATA transit MOU that CLEC to Qwest · All Jointly Provided Switched Access (unless joint NECA 4 billng percentages have been filed) that Qwest sends to CLEC and that CLEC sends to Qwest . All ISP-bound and VNXX MOU that Qwest sends to CLEC . All VNXX MOU that transits Qwest network and is terminated to CLEC The mathematical equation for RUF is as follows: Qwest (A) I (A+B) Rounded to nearest whole percentage CLEC (B) I (A+B) Rounded to nearest whole percentage Data used for the calculation wil be the average of the most recent three (3) months' usage determined not to be an anomaly. Exhibit H -Qwest Fourteen State Template Version 1.8, May 11, 2005 Qwest All States Except Minnesota and Washington 1