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INTERCONNECTION AGREEMENT
TERMS AND CONDITIONS FOR INTERCONNECTION,
UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES,
AND RESALE OF TELECOMMUNICATION SERVICES
BETWEEN
QWEST CORPORATION
AND
QWEST COMMUNICATIONS CORPORATION
FOR THE STATE OF
IDAHO
TABLE OF CONTENTS
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SECTION 1.0 - GENERAL TERMS.................................................................................1
SECTION 2.0 - INTERPRETATION AND CONSTRUCTION ..........................................4
SECTION 3.0 - CLEC INFORMATION............................................................................6
SECTION 4.0 - DEFINITIONS.........................................................................................8
SECTION 5.0 - TERMS AND CONDITIONS.................................................................28
5.1 GENERAL PROVISIONS......................................................................................28
5.2 TERM OF AGREEMENT ......................................................................................29
5.3 PROOF OF AUTHORIZATION...............................................................................29
5.4 PAYMENT.........................................................................................................30
5.5 TAXES .............................................................................................................32
5.6 INSURANCE......................................................................................................32
5.7 FORCE MAJEURE .............................................................................................33
5.8 LIMITATION OF LIABILITY ...................................................................................33
5.9 INDEMNITY.......................................................................................................34
5.10 INTELLECTUAL PROPERTY.................................................................................35
5.11 WARRANTIES ...................................................................................................38
5.12 ASSIGNMENT....................................................................................................38
5.13 DEFAULT .........................................................................................................39
5.14 DISCLAIMER OF AGENCY...................................................................................39
5.15 SEVERABILITY ..................................................................................................39
5.16 NONDISCLOSURE .............................................................................................39
5.17 SURVIVAL ........................................................................................................42
5.18 DISPUTE RESOLUTION ......................................................................................42
5.19 CONTROLLING LAW ..........................................................................................44
5.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION ....................................45
5.21 NOTICES..........................................................................................................45
5.22 RESPONSIBILITY OF EACH PARTY......................................................................46
5.23 NO THIRD PARTY BENEFICIARIES ......................................................................46
5.24 RESERVED FOR FUTURE USE............................................................................46
5.25 PUBLICITY........................................................................................................46
5.26 EXECUTED IN COUNTERPARTS ..........................................................................46
5.27 COMPLIANCE....................................................................................................46
5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW
ENFORCEMENT ACT OF 1994............................................................................47
5.29 COOPERATION .................................................................................................47
5.30 AMENDMENTS ..................................................................................................47
5.31 ENTIRE AGREEMENT.........................................................................................47
SECTION 6.0 – RESALE..............................................................................................48
6.1 DESCRIPTION ...................................................................................................48
6.2 TERMS AND CONDITIONS ..................................................................................48
6.3 RATES AND CHARGES.......................................................................................52
6.4 ORDERING PROCESS........................................................................................54
6.5 BILLING............................................................................................................55
6.6 MAINTENANCE AND REPAIR...............................................................................55
SECTION 7.0 - INTERCONNECTION...........................................................................56
TABLE OF CONTENTS
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7.1 INTERCONNECTION FACILITY OPTIONS...............................................................56
7.2 EXCHANGE OF TRAFFIC ....................................................................................58
7.3 RECIPROCAL COMPENSATION ...........................................................................67
7.4 ORDERING.......................................................................................................72
7.5 JOINTLY PROVIDED SWITCHED ACCESS SERVICES .............................................73
7.6 TRANSIT RECORDS...........................................................................................73
7.7 LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING...................................74
SECTION 8.0 - COLLOCATION....................................................................................75
8.1 DESCRIPTION ...................................................................................................75
8.2 TERMS AND CONDITIONS ..................................................................................77
8.3 RATE ELEMENTS ..............................................................................................93
8.4 ORDERING.......................................................................................................99
8.5 BILLING..........................................................................................................114
8.6 MAINTENANCE AND REPAIR.............................................................................115
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS..............................................117
9.1 GENERAL TERMS............................................................................................117
9.2 UNBUNDLED LOOPS........................................................................................120
9.3 SUBLOOP UNBUNDLING ..................................................................................137
9.4 LINE SHARING ................................................................................................147
9.5 NETWORK INTERFACE DEVICE (NID) ...............................................................155
9.6 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) ..............................159
9.7 UNBUNDLED DARK FIBER................................................................................166
9.8 SHARED INTEROFFICE TRANSPORT .................................................................174
9.9 UNBUNDLED CUSTOMER CONTROLLED REARRANGEMENT ELEMENT
(UCCRE)......................................................................................................175
9.10 LOCAL TANDEM SWITCHING ............................................................................176
9.11 LOCAL SWITCHING..........................................................................................177
9.12 CUSTOMIZED ROUTING...................................................................................186
9.13 ACCESS TO SIGNALING...................................................................................188
9.14 AIN SERVICES ...............................................................................................191
9.15 INTERCONNECTION TO LINE INFORMATION DATABASE (LIDB)............................193
9.16 8XX DATABASE QUERY SERVICE ....................................................................197
9.17 INTERNETWORK CALLING NAME (ICNAM) .......................................................199
9.18 ADDITIONAL UNBUNDLED ELEMENTS ...............................................................201
9.19 CONSTRUCTION CHARGES..............................................................................202
9.20 UNBUNDLED PACKET SWITCHING ....................................................................202
9.21 UNE-P LINE SPLITTING ..................................................................................205
9.22 RESERVED FOR FUTURE USE..........................................................................209
9.23 UNBUNDLED NETWORK ELEMENTS COMBINATIONS (UNE COMBINATIONS)........209
9.24 LOOP SPLITTING.............................................................................................223
SECTION 10.0 - ANCILLARY SERVICES ..................................................................227
10.1 INTERIM NUMBER PORTABILITY .......................................................................227
10.2 LOCAL NUMBER PORTABILITY..........................................................................234
10.3 911/E911 SERVICE........................................................................................240
10.4 WHITE PAGES DIRECTORY LISTINGS ...............................................................245
10.5 DIRECTORY ASSISTANCE ................................................................................249
10.6 DIRECTORY ASSISTANCE LIST .........................................................................252
10.7 TOLL AND ASSISTANCE OPERATOR SERVICES..................................................255
TABLE OF CONTENTS
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10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY ..........................259
SECTION 11.0 - NETWORK SECURITY....................................................................271
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............277
12.1 DESCRIPTION .................................................................................................277
12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING................277
12.3 MAINTENANCE AND REPAIR.............................................................................288
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS............................................300
SECTION 14.0 - LOCAL DIALING PARITY.................................................................301
SECTION 15.0 - QWEST DEX....................................................................................302
SECTION 16.0 - REFERRAL ANNOUNCEMENT .......................................................303
SECTION 17.0 - BONA FIDE REQUEST PROCESS..................................................304
SECTION 18.0 - AUDIT PROCESS............................................................................307
SECTION 19.0 - CONSTRUCTION CHARGES..........................................................310
SECTION 20.0 – SERVICE PERFORMANCE ............................................................311
SECTION 21.0 - NETWORK STANDARDS................................................................312
SECTION 22.0 - SIGNATURE PAGE..........................................................................316
TABLE OF CONTENTS FOR EXHIBITS
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EXHIBIT A Idaho Rates
EXHIBIT B Service Performance Indicators – Reserved for Future Use
EXHIBIT C Service Interval Tables
EXHIBIT D Qwest Right of Way, Pole Attachment and/or Innerduct Occupancy
General Information Document
EXHIBIT E Vertical Switch Features for UNE Switching
EXHIBIT F Special Request Process
EXHIBIT G Change Management Process (CMP)
EXHIBIT H Reserved for Future Use
EXHIBIT I Individual Case Basis (ICB)
EXHIBIT J Election of Reciprocal Compensation Option
EXHIBIT K Performance Assurance Plan - Under Development
EXHIBIT L Advice Adoption Letter
EXHIBIT M Interim Advice Adoption Letter
Section 1
General Terms
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Section 1.0 - GENERAL TERMS
1.1 This Agreement for Interconnection, Unbundled Network Elements, ancillary
services, and resale of Telecommunications Services is between Qwest Communications
Corporation (“Competitive Local Exchange Carrier”, or “CLEC”) a Delaware corporation with
offices at 4250 N. Fairfax Dr., Arlington, VA 22203 and Qwest Corporation (“Qwest”), a
Colorado Corporation with offices at 1801 California Street, Denver, Colorado 80202, pursuant
to Section 252(f) of the Telecommunications Act of 1996, for purposes of fulfilling Qwest’s
obligations under Sections 222, 251(a), (b), and (c), 252, 271, and other relevant provisions of
the Act and the rules and regulations promulgated thereunder.
1.2 Intentionally Left Blank.
1.3 This Agreement sets forth the terms, conditions and pricing under which Qwest
will provide to CLEC network Interconnection, access to Unbundled Network Elements, ancillary
services, and Telecommunications Services available for resale within the geographical areas in
which Qwest is providing local Exchange Service at that time, and for which Qwest is the
incumbent Local Exchange Carrier within the state of Idaho, for purposes of providing local
Telecommunications Services.
1.4 Intentionally Left Blank
1.5 Intentionally Left Blank
1.6 Intentionally Left Blank.
1.7 Once this Agreement is approved, any amendment to the Agreement by the
Parties will be accomplished through Section 252 of the Act. This Agreement can only be
amended in writing, executed by the duly authorized representatives of the Parties.
1.7.1 Notwithstanding the above, if the Commission orders, or Qwest chooses
to offer and CLEC desires to purchase, new Interconnection services, access to
additional Unbundled Network Elements, additional ancillary services or
Telecommunications Services available for resale which are not contained in the SGAT
or a Tariff, Qwest will notify CLEC of the availability of these new services through the
product notification process through the Change Management Process (CMP). CLEC
must first complete the relevant section(s) of the New Product Questionnaire to establish
ordering and Billing processes. In addition, the Parties shall amend this Agreement
under one (1) of the following two (2) options:
1.7.1.1 If CLEC is prepared to accept Qwest's terms and conditions for
such new product, CLEC shall execute a form Advice Adoption Letter (the form
of which is attached hereto as Exhibit L), to be furnished by Qwest, and include
as an attachment, the discreet terms and conditions available on Qwest's
wholesale website, that Qwest has identified as pertaining to the new product.
CLEC shall submit the Advice Adoption Letter to the Commission for its approval.
CLEC shall also provide the Advice Adoption Letter to Qwest pursuant to the
notice provisions in this Agreement and may begin ordering the new product
pursuant to the terms of this Agreement as amended by such Advice Adoption
Letter.
Section 1
General Terms
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1.7.1.2 If CLEC wishes to negotiate an amendment with different terms
and conditions than defined by Qwest for such new product, CLEC agrees to
abide by those terms and conditions on an interim basis by executing the Interim
Advice Adoption Letter (the form of which is attached hereto as Exhibit M) based
upon the terms and conditions available on Qwest's wholesale website that
Qwest has identified as pertaining to the new product. The Interim Advice
Adoption Letter will terminate when the final amendment is approved. The rates
and to the extent practicable, other terms and conditions contained in the final
amendment will relate back to the date the Interim Advice Adoption Letter was
executed. No new product offering or accompanying Interim Advice Adoption
Letter will be construed to limit or add to any rates, terms or conditions existing in
this Agreement.
1.8 Because the SGAT is Qwest’s standard contract offer, CLECs with a
current Interconnection Agreement may opt into, through Section 252(i) of the Act, any
provision of the SGAT or an existing Agreement by executing an appropriate
amendment to its current Interconnection Agreement.
1.8.1 When opting into a provision, contained in an existing Interconnection
Agreement or the SGAT, Qwest may require CLEC to accept Legitimately Related
provisions to ensure that the opted into provision retains the context set forth in the
Interconnection Agreement or the SGAT. The expiration date of the Interconnection
Agreement from which the opted into provision was selected or the expiration date
specified in the SGAT respectively, whichever is closer to the present date, shall be
considered Legitimately Related. In all other instances, Qwest bears the burden of
establishing that an Interconnection Agreement or SGAT provision is Legitimately
Related.
1.8.2 To opt into a provision of the SGAT through Section 252(i), CLEC must
provide Qwest with written notice of such intention specifying in detail the provisions of
the SGAT selected in the form of a proposed amendment to the Interconnection
Agreement which has been signed by CLEC. Qwest shall make a form or sample
amendment as well as the currently effective SGAT, available in electronic form for use
by CLEC to prepare the written notice. Once Qwest receives such written notice, it shall
have a reasonable period of time to submit a formal written response either accepting
the change and signing the amendment or identifying those additional provisions that
Qwest believes are Legitimately Related and must also be included as part of the
amendment. If Qwest identifies additional provisions that Qwest believes are
Legitimately Related, Qwest shall specify the provisions in the proposed amendment, if
any, to which the additional provisions are Legitimately Related and which could be
included in a revised proposed amendment that would be acceptable to Qwest. Under
ordinary circumstances, a reasonable period of time shall be deemed to be fifteen (15)
business days. In addition, Qwest shall provide to CLEC in writing an explanation of
why Qwest considers the provisions Legitimately Related, including legal, technical, or
other considerations. In extraordinary circumstances, where CLEC’s requested
modification is complex, Qwest shall have additional time to perform its review. When
such extraordinary circumstances exist, Qwest will notify CLEC in writing within fifteen
(15) business days from the notice and advise CLEC that additional time is necessary.
In no event shall a reasonable period of time be deemed to be greater than twenty (20)
business days from the time of CLEC’s notice.
Section 1
General Terms
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1.8.2.1 Nothing in this Agreement shall preclude CLEC from opting into
specific provisions of an agreement or of an entire agreement, solely because
such provision or agreement itself resulted from an opting in by CLEC that is a
party to it.
1.8.3 If Qwest has identified additional provisions that Qwest believes are
Legitimately Related and has specified provisions in the proposed amendment to which
those provisions are not Legitimately Related, CLEC may provide Qwest with a revised
proposed amendment that deletes the disputed provisions, which Qwest shall accept
and sign. Regardless of whether CLEC provides Qwest with a revised proposed
amendment, if CLEC disputes Qwest’s written response that additional SGAT provisions
are Legitimately Related, then CLEC may immediately demand that the dispute be
submitted to dispute resolution and CLEC shall submit such dispute to dispute resolution
within fifteen (15) Days from such receipt of Qwest’s response. CLEC may, at its sole
option, elect to have the dispute resolution conducted through one of the following
methods of dispute resolution:
1.8.3.1 The dispute may be settled by the Commission. Such dispute
resolution shall be conducted pursuant to Commission rules or regulations
specifying a procedure for submission, hearing and resolving issues pursuant to
Section 252(i) of the Act or rules and regulations specifying procedures for
submission of a dispute arising under an Interconnection Agreement, as
appropriate. If the Commission shall not have established any such rules or
regulations, CLEC may file a complaint with the Commission. The Commission
may elect to hear the complaint under expedited procedures.
1.8.3.2 The dispute may be settled by arbitration. Such an arbitration
proceeding shall be conducted by a single arbitrator. The arbitration proceedings
shall be conducted under the then-current rules of the American Arbitration
Association (AAA). The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state
law, shall govern the arbitrability of the dispute. All expedited procedures
prescribed by AAA rules shall apply. The arbitrator’s award shall be final and
binding and may be entered in any court having jurisdiction thereof. Except for a
finding of bad faith as set forth in 1.8.3.3, each Party shall bear its own costs and
attorneys' fees, and shall share equally in the fees and expenses of the arbitrator.
The arbitration proceedings shall occur in the Denver metropolitan area or in
another mutually agreed upon location.
1.8.3.3 Each Party to the dispute shall bear the responsibility of paying
its own attorneys' fees and costs in prosecuting/defending the action. However,
if either Party is found to have brought or defended the action in "bad faith”, then
that Party shall be responsible for reimbursing the other Party for its reasonable
attorneys' fees and costs in prosecuting or defending the action.
1.8.4 If Qwest accepts a CLEC proposed change to adopt certain SGAT
language and signs the amendment, the Parties shall begin abiding by the terms of the
amendment immediately upon CLEC’s receipt of the signed amendment. Qwest shall
be responsible for submitting the proposed change to the Commission for its approval
within ten (10) business days from receipt of the signed amendment. The amendment
shall be deemed effective upon approval of the amendment by the Commission.
Section 2
Interpretation and Construction
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Section 2.0 - INTERPRETATION AND CONSTRUCTION
2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each
of which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and will
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require, any reference to
any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements,
addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical
publication, or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided, however, that nothing in this Section 2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. In the event a change in a law,
rule regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change,
any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to
such law, rule, regulation or interpretation thereof in effect immediately prior to such change
until the processes set forth in Section 2.2 are implemented. The existing configuration of either
Party's network may not be in compliance with the latest release of technical references,
technical publications, or publications of Telecommunications industry administrative or
technical standards.
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 rules, regulations, and laws, as of the date hereof (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 will 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. Any 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. During the pendancy 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
Section 2
Interpretation and Construction
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be resolved during Dispute Resolution will be the implementation of an interim operating
agreement between the Parties regarding the disputed issues, to be effective during the
pendancy 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 will 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.
2.3 Unless otherwise specifically determined by the Commission, in cases of conflict
between the Agreement and Qwest's Tariffs, PCAT, methods and procedures, technical
publications, policies, product notifications or other Qwest documentation relating to Qwest's or
CLEC's rights or obligations under this Agreement, then the rates, terms and conditions of this
Agreement shall prevail. To the extent another document abridges or expands the rights or
obligations of either Party under this Agreement, the rates, terms and conditions of this
Agreement shall prevail.
Section 3
CLEC Information
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Section 3.0 - CLEC INFORMATION
3.1 Except as otherwise required by law, Qwest will not provide or establish
Interconnection, Unbundled Network Elements, ancillary services and/or resale of
Telecommunications Services in accordance with the terms and conditions of this Agreement
prior to CLEC’s execution of this Agreement. The Parties shall complete Qwest’s "New
Customer Questionnaire," as it applies to CLEC’s obtaining of Interconnection, Unbundled
Network Elements, ancillary services, and/or resale of Telecommunications Services hereunder.
3.2 Prior to placing any orders for services under this Agreement, the Parties will
jointly complete the following sections of Qwest’s "New Customer Questionnaire":
General Information
Billing and Collection (Section 1)
Credit Information
Billing Information
Summary Billing
OSS and Network Outage Notification Contact Information
System Administration Contact Information
Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC
plans to order these services)
Design Layout Request – LIS Trunking and Unbundled Loop (if CLEC plans to order
these services)
3.2.1 The remainder of this questionnaire must be completed within two (2)
weeks of completing the initial portion of the questionnaire. This questionnaire will be
used to:
Determine geographical requirements;
Identify CLEC identification codes;
Determine Qwest system requirements to support CLEC’s specific activity;
Collect credit information;
Obtain Billing information;
Create summary bills;
Establish input and output requirements;
Create and distribute Qwest and CLEC contact lists; and
Section 3
CLEC Information
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Identify CLEC hours and holidays.
3.2.2 CLECs that have previously completed a Questionnaire need not fill out
a New Customer Questionnaire; however, CLEC will update its New Customer
Questionnaire with any changes in the required information that have occurred and
communicate those changes to Qwest. Before placing an order for a new product,
CLEC will need to complete the relevant new product questionnaire and amend this
Agreement, which may include an amendment pursuant to Section 1.7.1.
Section 4
Definitions
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Section 4.0 - DEFINITIONS
"Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR will be used to order trunking and
facilities between CLEC and Qwest for Local Interconnection Service.
"Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange traffic.
"Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange
Carrier Switches. Qwest's Access Tandem Switches are also used to connect and switch traffic
between and among Central Office Switches within the same LATA and may be used for the
exchange of local traffic.
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as amended and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
"Advanced Intelligent Network" or "AIN" is a Telecommunications network architecture in which
call processing, call routing and network management are provided by means of centralized
databases.
"Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications
capability that enables users to originate and receive high-quality, voice, data, graphics or video
Telecommunications using any technology.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with, another person. For purposes of this paragraph,
the term ‘own’ means to own an equity interest (or the equivalent thereof) of more than 10
percent.
"AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544
Mbps) using Alternate Mark Inversion (AMI) line code.
"Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or
orders of the FCC or the Commission.
"Application Date" or "APP" means the date CLEC provides Qwest an application for service
containing required information as set forth in this Agreement.
"ATIS" or "Alliance for Telecommunications Industry Solutions" is a North American
telecommunication industry standards forum which, through its committees and working groups,
creates, and publishes standards and guidelines designed to enable interoperability and
Interconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
"Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that
initially records telecommunication message information. AMA format is contained in the AMA
document, published by Telcordia Technologies, or its successors, as GR-1100-CORE which
Section 4
Definitions
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defines the industry standard for message recording.
"Automatic Location Identification" or "ALI" is the automatic display at the Public Safety
Answering Point (PSAP) of the caller's telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
"Automatic Location Identification/Database Management System" or "ALI/DBMS" is an
Enhanced 911/(E911) database containing End User Customer location information (including
name, service address, telephone number, and sometimes special information from the local
service provider) used to determine to which Public Safety Answering Point (PSAP) to route the
call and used by the PSAP for emergency call handling (i.e., dispatch of emergency aid).
"Automatic Location Identification Gateway" or "ALI Gateway" is a computer facility into which
CLEC delivers Automatic Location Identification ("ALI") data for CLEC Customers. Access to
the ALI Gateway will be via a dial-up modem using a common protocol.
"Automatic Number Identification" or "ANI" is the Billing telephone number associated with the
access line from which a call originates. ANI and Calling Party Number (CPN) usually are the
same number.
"Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection
of the least expensive or most appropriate transmission facility for each call based on criteria
programmed into a circuit Switch routing table or system.
"Basic Exchange Telecommunications Service" means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein, a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network,
and which enables such End User Customer to generally place calls to, or receive calls from,
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
Service includes access to ancillary services such as 911, directory assistance and operator
services.
"Bill Date" means the date on which a Billing period ends, as identified on the bill.
"Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Billing with attendant acknowledgments and status reports. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Binder Groups" means the sub-units of a cable, usually in groups of 25, 50 or 100 color-coded
twisted pairs wrapped in colored tape within a cable.
"Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17.
"Bridged Tap" means the unused sections of a twisted pair subtending the loop between the
End User Customer and the Serving Wire Center or extending beyond the End User Customer's
location.
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"Busy Line Verify/Busy Line Interrupt" or "BLV/BLI Traffic" means a call to an operator service in
which the caller inquires as to the busy status of or requests an interruption of a call on another
End User Customer's Basic Exchange Telecommunications Service line.
"Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which
refers to the ten digit number transmitted through a network identifying the calling party.
Reference Qwest Technical Publication 77342.
"Carrier" or "Common Carrier" See Telecommunications Carrier.
"Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora,
the Network Interconnection Interoperability Forum (NIIF), the Ordering and Billing Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and NIMC publish business process rules
for their respective areas of concern.
"Central Office" means a building or a space within a building where transmission facilities or
circuits are connected or switched.
"Central Office Switch" means a Switch used to provide Telecommunications Services,
including, but not limited to:
"End Office Switches" which are used to terminate End User Customer station Loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
"Tandem Office Switches" which are used to connect and switch trunk circuits between
and among other End Office Switches. CLEC switch(es) shall be considered Tandem
Office Switch(es) to the extent such switch(es) serve(s) a comparable geographic area
as Qwest’s Tandem Office Switch. A fact-based consideration by the Commission of
geography should be used to classify any switch on a prospective basis.
"Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling
protocol used to record Billing data.
"Centralized Message Distribution System" or "CMDS" means the operation system that Local
Exchange Carriers use to exchange outcollect and IABS access messages among each other
and other parties connected to CMDS.
"Centrex" shall have the meaning set forth in Section 6.2.2.9.
"Charge Number" is a Common Channel Signaling parameter, which refers to the number,
transmitted through the network identifying the Billing number of the calling party. Charge
Number frequently is not the Calling Party Number (CPN).
"Collocation" is an arrangement where Qwest provides space in Qwest Premises for the
placement of CLEC’s equipment to be used for the purpose of Interconnection or access to
Qwest Unbundled Network Elements.
"Collocation – Point of Interconnection" or "C-POI" is the point outside Qwest’s Wire Center
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where CLEC’s fiber facility meets Qwest’s Fiber Entrance Facility, except where CLEC uses an
Express Fiber Entrance Facility. In either case, Qwest will extend or run the Fiber Entrance
Facility to CLEC’s Collocation Space.
"Commission" means the Idaho Public Utilities Commission.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. Section 332 and FCC
rules and orders interpreting that statute.
"Common Channel Signaling" or "CCS" means a method of exchanging call set up and network
control data over a digital signaling network fully separate from the Public Switched Network
that carries the actual call. Signaling System 7 ("SS7") is currently the preferred CCS method.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and
obligations of Carriers to assist law enforcement agencies by intercepting communications and
records, and installing pen registers and trap and trace devices.
"Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request,
pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements,
ancillary services, or resale of Telecommunications Services. A CLEC is an entity authorized to
provide Local Exchange Service that does not otherwise qualify as an Incumbent Local
Exchange Carrier (ILEC).
"Confidential Information" shall have the meaning set forth in Section 5.16.
"Cross Connection" is a cabling scheme between cabling runs subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
"Custom Calling Features" comprise a group of features provided via a Central Office Switch
without the need for special Customer Premises Equipment. Features include, but are not
limited to, call waiting, 3-way calling, abbreviated dialing (speed calling), call forwarding, and
series completing (busy or no answer).
"Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features
consisting of number translation services, such as call forwarding and caller identification,
available within a Local Access and Transport Area ("LATA"). Features include, but are not
limited to, automatic callback, automatic recall, calling number delivery, Customer originated
trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection.
"Current Service Provider" means the Party from which an End User Customer is planning to
switch its local exchange service or the Party from which an End User Customer is planning to
port its telephone number(s).
"Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Customer Premises Equipment" or "CPE" means equipment employed on the premises of a
Person other than a Carrier to originate, route or terminate Telecommunications (e.g., a
telephone, PBX, modem pool, etc.).
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"Customer Usage Data " means the Telecommunications Service usage data of a CLEC
Customer, measured in minutes, sub-minute increments, message units or otherwise, that is
recorded by Qwest AMA equipment and forwarded to CLEC.
"Dark Fiber" shall have the meaning set forth in Section 9.7.1.
"Day" means calendar days unless otherwise specified.
"Dedicated Transport" is a Qwest provided digital transmission path between locations
designated by CLEC to which CLEC is granted exclusive use. Such locations may include, but
not be limited to, Qwest Wire Centers, Qwest End Office Switches, and Qwest Tandem
Switches. The path may operate at DS-1 or higher transmission speeds. Dedicated Transport
is also described in Section 9.
"Demarcation Point" means the point where Qwest owned or controlled facilities cease, and
CLEC, End User Customer, premises owner or landlord ownership or control of facilities begin.
"Designed, Verified and Assigned Date" or "DVA" means the date on which implementation
groups are to report that all documents and materials have been received and are complete.
"Desired Due Date" means the desired service activation date as requested by CLEC on a
service order.
"Dialing Parity" shall have the meaning set forth in Section 14.1.
"Digital Cross-Connect System" or "DCS" is a function which provides automated Cross
Connection of Digital Signal Level 0 (DS0) or higher transmission bit rate digital channels within
physical interface facilities. Types of DCS include but are not limited to DCS 1/0s, DCS 3/1s,
and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or
greater with Cross Connection typically at the DS0 rate. This same nomenclature, at the
appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3.
Types of DCS that cross-connect Synchronous Transport Signal level 1 (STS-1 s) or other
Synchronous Optical Network (SONET) signals (e.g., STS-3) are also DCS, although not
denoted by this same type of nomenclature. DCS may provide the functionality of more than
one of the aforementioned DCS types (e.g., DCS 3/3/1 which combines functionality of DCS 3/3
and DCS 3/1). For such DCS, the requirements will be, at least, the aggregation of
requirements on the "component" DCS. In locations where automated Cross Connection
capability does not exist, DCS will be defined as the combination of the functionality provided by
a Digital Signal Cross-Connect (DSX) or Light Guide Cross-Connect (LGX) patch panels and D4
channel banks or other DS0 and above multiplexing equipment used to provide the function of a
manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another
Cross Connection, or other service platform device.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Level 0" or "DS0" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are 24 DS0 channels in a DS1.
"Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
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the initial level of multiplexing. There are 28 DS1s in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates
lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii)
disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de-
multiplexing). DSLAMs can connect DSL loops with some combination of CLEC ATM, Frame
Relay, or IP networks. The DSLAM must be located at the end of a copper loop nearest the
Serving Wire Center (e.g., in a Remote Terminal, Central Office, or a Customer’s premises).
"Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that
are designed to provide digital communications services over copper Loops either in addition to
or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but
not limited to, the following:
"ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission
technology that typically permits the transmission of up to 8 Mbps downstream (from the
Central Office to the End User Customer) and up to 1 Mbps digital signal upstream (from
the End User Customer to the Central Office) over one copper pair.
"HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL
technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits
over a single copper pair, T1 service over 2 copper pairs, or future E1 service over 3
copper pairs.
"HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL
technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps.
"IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital
Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi-
directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching.
"RADSL" or "Rate Adaptive Digital Subscriber Line" is a form of ADSL that can
automatically assess the condition of the loop and optimize the line rate for a given line
quality.
"SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission
technology that permits the bi-directional transmission from up to 160 kbps to 2.048
Mbps on a single pair.
"VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission
technology that permits the transmission of up to 52 Mbps downstream (from the Central
Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the
End User Customer to the Central Office). VDSL can also be 26 Mbps symmetrical, or
other combination.
"Directory Assistance Database" shall have the meaning set forth in Section 10.5.2.2, 10.5.2.8,
and 10.5.2.9.
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"Directory Assistance Lists" shall have the meaning set forth in Section 10.6.1.1.
"Directory Assistance Service" includes, but is not limited to, making available to callers, upon
request, information contained in the Directory Assistance Database. Directory Assistance
Service includes, where available, the option to complete the call at the caller’s direction.
"Directory Listings" are any information: (1) identifying the listed names of subscribers of a
Telecommunications Carrier and such subscriber's telephone numbers, addressees, or primary
advertising classifications (as such classifications are assigned at the time of the establishment
of such service), or any combination of such listed names, numbers, addresses or
classifications; and (2) that the Telecommunications Carrier or an Affiliate has published,
caused to be published, or accepted for publication in any directory format.
"Disturber" is defined as a technology recognized by industry standards bodies that significantly
degrades service using another technology (such as how AMI T1x affects DSL).
"Due Date" means the specific date on which the requested service is to be available to the
CLEC or to CLEC’s End User Customer, as applicable.
"DSX Panel" means a cross-connect bay or panel used for the termination of equipment and
facilities operating at digital rates.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"Electronic Bonding is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both International and National standards. These standards define the
communication and data protocols allowing all organizations in the world to exchange
information.
"Electronic File Transfer" means any system or process that utilizes an electronic format and
protocol to send or receive data files.
"Emergency Service Number" or "ESN" is a three to five digit number representing a unique
combination of Emergency Response Agencies (law enforcement, fire and emergency medical
service) designed to serve a specific range of addresses within a particular geographical area.
The ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the
dispatch of proper Emergency Response Agency(ies).
"End User Customer" means a third party retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two (2)
or more Carriers.
"Enhanced Services" means any service offered over Common Carrier transmission facilities
that employ computer processing applications that act on the format, content, code, protocol or
similar aspects of a subscriber's transmitted information; that provide the subscriber with
additional, different or restructured information; or involve End User Customer interaction with
stored information.
"Enhanced 911" or "E911" shall have the meaning set forth in Section 10.3.1.
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"Environmental Hazard" means any substance the presence, use, transport, abandonment or
disposal of which (i) requires investigation, remediation, compensation, fine or penalty under
any Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health,
safety or the environment (including, without limitation, indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
"Exchange Access" (IntraLATA Toll) as used in Section 7 is defined in accordance with Qwest’s
current IntraLATA toll serving areas, as determined by Qwest’s state and interstate Tariffs and
excludes toll provided using Switched Access purchased by an IXC. "Exchange Access" as
used in the remainder of the Agreement shall have the meaning set forth in the Act.
"Exchange Message Interface" or "EMI" means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. It is
referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
"Exchange Message Record" or "EMR" is the standard used for exchange of
telecommunications message information between telecommunications providers for billable,
non-billable, sample, settlement and study data. EMR format is contained in BR-010-200-010
CRIS Exchange Message Record, a Telcordia document that defines industry standards for
exchange message records.
"Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is
originated and terminated within the Local Calling Area as determined by the Commission.
"FCC" means the Federal Communications Commission.
"Fiber Meet" means an Interconnection architecture method whereby the Parties physically
interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at
a mutually-agreed-upon location.
"Finished Services" means complete end to end services offered by Qwest to wholesale or retail
Customers. Finished Services do not include Unbundled Network Elements or combinations of
Unbundled Network Elements. Finished Services include voice messaging, Qwest provided
DSL, Access Services, private lines, retail services and resold services.
"Firm Order Confirmation" or "FOC" means the notice Qwest provides to CLEC to confirm that
the CLEC Local Service Order (LSR) has been received and has been successfully processed.
The FOC confirms the schedule of dates committed to by Qwest for the Provisioning of the
service requested.
"Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity
between the networks of service providers that are not directly connected to each other; or (ii)
provides third party database services such as LIDB. The SS7 messages received by Hub
Providers are accepted or rejected by the Hub Provider depending on whether a contractual
arrangement exists between the Hub Provider and the message originator (sender) and whether
the message originator has contracted for the type of SS7 messages being submitted for
transmission to the Hub Provider.
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"Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit I.
"Information Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control, or operation of a Telecommunications system or
the management of a Telecommunications Service.
"Integrated Digital Loop Carrier" means a subscriber Loop Carrier system, which integrates
multiple voice channels within the Switch on a DS1 level signal.
"Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network
service. Basic Rate ISDN (BRI) provides for channelized (2 bearer and 1 data) end-to-end
digital connectivity for the transmission of voice or data on either or both bearer channels and
packet data on the data channel. Primary Rate ISDN (PRI) provides for 23 bearer channels and
1 data channel. For BRI, the bearer channels operate at 64 Kbps and the data channel at 16
Kbps. For PRI, all 24 channels operate at 64 Kbps or 1.5 Mbps.
"Interconnection" is as described in the Act and refers to the connection between networks for
the purpose of transmission and routing of telephone Exchange Service traffic, Exchange
Access and Jointly Provided Switched Access traffic.
"Interconnection Agreement" or "Agreement" is an agreement entered into between Qwest and
CLEC for Interconnection, Unbundled Network Elements or other services as a result of
negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the
Act. When CLEC signs and delivers a copy of this Agreement to Qwest pursuant to the notice
provision of the Agreement, it becomes the Interconnection Agreement between the Parties
pursuant to Section 252(e) of the Act.
"Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll
services.
"Interim Number Portability" or "INP" is a method of number portability, such as Remote Call
Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows
one Party to port telephone numbers from its network to the other Party’s network with as little
impairment of quality, reliability and convenience to the customer as possible, but does not
comply with the Local Number Portability performance criteria set forth in 47 C.F.R. Section
52.23 (a).
"InterLATA Traffic" describes Telecommunications between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area.
"IntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area.
"Interoperability" means the ability of a Qwest OSS Function to process seamlessly (i.e., without
any manual intervention) business transactions with CLEC’s OSS application, and vice versa,
by means of secure exchange of transaction data models that use data fields and usage rules
that can be received and processed by the other Party to achieve the intended OSS Function
and related response. (See also Electronic Bonding.)
"Legitimately Related" terms and conditions are those rates, terms, and conditions that relate
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solely to the individual Interconnection, service or element being requested by CLEC under
Section 252(i) of the Act, and not those relating to other Interconnection, services or elements in
the approved Interconnection Agreement. This definition is not intended to limit the FCC's
interpretation of "legitimately related" as found in its rules, regulations or orders or the
interpretation of a court of competent jurisdiction.
"LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code
shown in the LERG from one Carrier to another Carrier.
"Line Information Database" or "LIDB" shall have the meaning as set forth in Section 9.15.1.1.
"Line Side" refers to End Office Switch connections that have been programmed to treat the
circuit as a local line connected to a terminating station (e.g., an End User Customer's
telephone station set, a PBX, answering machine, facsimile machine or computer).
"Local Access Transport Area" or "LATA" is as defined in the Act.
"Local Calling Area" is as defined by the Commission.
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of
telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar
as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c)
of the Act, except to the extent that the FCC finds that such service should be included in the
definition of such term.
"Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference
Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well
as Network Element and equipment designations.
"Local Interconnection Service or "LIS" Entrance Facility" is a DS1 or DS3 facility that extends
from CLEC’s Switch location or Point of Interconnection (POI) to the Qwest Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the Qwest Serving
Wire Center.
"Local Interconnection Service" or "LIS" is the Qwest product name for its provision of
Interconnection as described in Section 7 of this Agreement.
"Local Number Portability" or "LNP" shall have the meaning set forth in Section 10.2.1.1.
"Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1.
"Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish
industry-wide ordering and Billing processes for ordering local services.
"Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services.
"Loop Concentrator/Multiplexer" or "LCM" is the Network Element that does one or more of the
following:
aggregates lower bit rate or bandwidth signals to higher bit rate or bandwidth signals
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(multiplexing);
disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals
(demultiplexing);
aggregates a specified number of signals or channels to fewer channels (concentrating);
performs signal conversion, including encoding of signals (e.g., analog to digital and
digital to analog signal conversion); or
in some instances performs electrical to optical (E/O) conversion.
LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or
Central Offices.
"Location Routing Number" or "LRN" means a unique 10-digit number assigned to a Central
Office Switch in a defined geographic area for call routing purposes. This 10-digit number
serves as a network address and the routing information is stored in a database. Switches
routing calls to subscribers whose telephone numbers are in portable NXXs perform a database
query to obtain the Location Routing Number that corresponds with the Switch serving the
dialed telephone number. Based on the Location Routing Number, the querying Carrier then
routes the call to the Switch serving the ported number. The term "LRN" may also be used to
refer to a method of LNP.
"Main Distribution Frame" or "MDF" means a Qwest distribution frame (e.g., COSMIC™ frame)
used to connect Qwest cable pairs and line and trunk equipment terminals on a Qwest switching
system.
"Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services or Unbundled
Network Elements or combinations thereof from the other with attendant acknowledgments and
status reports in order to ensure proper operation and functionality of facilities.
"Maintenance of Service charge" is a charge that relates to trouble isolation. Maintenance of
Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when
the Qwest technician performs work during standard business hours. Overtime Maintenance of
Service charges apply when the Qwest technician performs work on a business day, but outside
standard business hours, or on a Saturday. Premium Maintenance of Service charges apply
when the Qwest technician performs work on either a Sunday or Qwest recognized holiday.
"Master Street Address Guide" or "MSAG" is a database of street names and house number
ranges within their associated communities defining particular geographic areas and their
associated ESNs to enable proper routing of 911 calls.
"Meet Point" is a point of Interconnection between two networks, designated by two
Telecommunications Carriers, at which one Carrier's responsibility for service begins and the
other Carrier's responsibility ends.
"Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" refers to an arrangement
whereby two LECs (including a LEC and CLEC) jointly provide Switched Access Service to an
Interexchange Carrier, with each LEC (or CLEC) receiving an appropriate share of the revenues
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from the IXC as defined by their effective access Tariffs.
"Mid-Span Meet" means an Interconnection between two (2) networks, designated by two
Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilities.
"Miscellaneous Charges" mean cost-based charges that Qwest may assess in addition to
recurring and nonrecurring rates set forth in Exhibit A, for activities CLEC requests Qwest to
perform, activities CLEC authorizes, or charges that are a result of CLEC’s actions, such as
cancellation charges, additional labor and maintenance. Miscellaneous Charges are not
already included in Qwest’s recurring or nonrecurring rates. Miscellaneous Charges are listed
in Exhibit A.
"Multiple Exchange Carrier Access Billing" or "MECAB" refers to the document prepared by the
Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry
Solutions (ATIS). The MECAB document, published by Telcordia Technologies as Special
Report SR-BDS-000983, contains the recommended guidelines for the Billing of an access
service provided by two or more LECs (including a LEC and a CLEC), or by one LEC in two or
more states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services -
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS). The MECOD document, published by Telcordia Technologies as
Special Report SR STS-002643, establishes recommended guidelines for processing orders for
access service which is to be provided by two or more LECs (including a LEC and a CLEC). It
is published by Telcordia Technologies as SRBDS 00983.
"N-1 Carrier" means the Carrier in the call routing process immediately preceding the
terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under
the FCC’s rules) to determine the LRN value for correctly routing a call to a ported number.
"National Emergency Number Association" or "NENA" is an association which fosters the
technological advancement, availability and implementation of 911 Service nationwide through
research, planning, training, certification, technical assistance and legislative representation.
"Near Real Time" means that Qwest’s OSS electronically receives a transaction from CLEC,
automatically processes that transaction, returns the response to that transaction to CLEC in an
automatic event driven manner (without manual intervention) via the interface for the OSS
Function in question. Except for the time it takes to send and receive the transaction between
Qwest’s and CLEC’s OSS application, the processing time for Qwest's representatives should
be the same as the processing time for CLEC’s representatives. Current benchmarks using
TCIF 98-006 averages between two and four seconds for the connection and an average
transaction transmittal. The specific agreed metrics for "near-real-time" transaction processing
will be contained in the Performance Indicator Definitions (PIDs), where applicable.
"Network Element" is a facility or equipment used in the provision of Telecommunications
Service. It also includes features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases, signaling systems, and
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information sufficient for Billing and collection or used in the transmission, routing, or other
provision of a Telecommunications Service.
"Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee
responsible for developing business process rules for Maintenance and Repair or trouble
administration.
"Network Interface Device" or "NID" is a Network Element that includes any means of
interconnection of Customer Premises wiring to Qwest’s Distribution plant, such as a cross
connect device used for that purpose.
"New Service Provider" means the Party to which an End User Customer switches its local
exchange service or the Party to which an End User Customer is porting its telephone
number(s).
"911 Service" shall have the meaning set forth in Section 10.3.1.
"911/E911 Interconnection Trunk Groups" shall have the meaning set forth in Section 10.3.7.
"North American Numbering Council" or "NANC" means the federal advisory committee
chartered by the FCC to analyze, advise, and make recommendations on numbering issues.
"North American Numbering Plan" or "NANP" means the basic numbering plan for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The
NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as
the area code) followed by a 3-digit NXX code and 4-digit line number.
"Number Portability Administration Center " or "NPAC" means one of the seven regional number
portability centers involved in the dissemination of data associated with ported numbers. The
NPACs were established for each of the seven, original Bell Operating Company regions so as
to cover the 50 states, the District of Columbia and the U.S. territories in the North American
Numbering Plan area.
"Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each 10-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA. "Geographic NPA" is associated with a defined geographic area,
and all telephone numbers bearing such NPA are associated with services provided within that
Geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
"NXX," "NXX Code," "Central Office Code," or "CO Code" is the three digit Switch entity code
which is defined by the D, E and F digits of a 10 digit telephone number within the NANP.
"Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12.
"Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry
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Solutions, concerned with inter-company ordering and Billing.
"Originating Line Information" or "OLI" is an CCS SS7 Feature Group D signaling parameter
which refers to the number transmitted through the network identifying the Billing number of the
calling party.
"P.01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning
standard with the statistical probability of no more than one call in 100 blocked on initial attempt
during the average busy hour.
"Packet Switch" is a router designed to read the destination address in an incoming cell or
packet, consult a routing table and route the packet toward its destination. Packetizing is done
in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or
protocols exist (e.g., x.25, x.75, frame relay, ATM, and IP).
"Parity" means the provision of non-discriminatory access to Interconnection, Resale,
Unbundled Network Elements and other services provided under this Agreement to the extent
legally required on rates, terms and conditions that are non-discriminatory, just and reasonable.
Where Technically Feasible, the access provided by Qwest will be provided in "substantially the
same time and manner" to that which Qwest provides to itself, its End User Customers, its
Affiliates or to any other party.
"Party" means either Qwest or CLEC and "Parties" means Qwest and CLEC.
"Percent Local Usage" or "PLU" is a calculation which represents the ratio of the local minutes
to the sum of local and intraLATA toll minutes sent between the Parties over Local
Interconnection Trunks. Directory Assistance Services, CMRS traffic, transiting calls from other
LECs and Switched Access Services are not included in the calculation of PLU.
"Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B.
"Person" is a general term meaning an individual or association, corporation, firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
"Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC.
"Physical Collocation" shall have the meaning set forth in Section 8.1.1.
"Pole Attachment" shall have the meaning set forth in Section 10.8.1.
"Point of Interface", "Point of Interconnection," or "POI" is a demarcation between the networks
of two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of
traffic takes place.
"Point of Presence" or "POP" means the Point of Presence of an IXC.
"Port" means a line or trunk connection point, including a line card and associated peripheral
equipment, on a Central Office Switch but does not include Switch features. The Port serves as
the hardware termination for line or Trunk Side facilities connected to the Central Office Switch.
Each line side Port is typically associated with one or more telephone numbers that serve as the
Customer's network address.
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"POTS" means plain old telephone service.
"Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal
power densities across a range of frequencies to permit divergent technologies to coexist in
close proximity within the same Binder Groups.
"Premises" refers to Qwest’s Central Offices and Serving Wire Centers; all buildings or similar
structures owned, leased, or otherwise controlled by Qwest that house its network facilities; all
structures that house Qwest facilities on public rights-of-way, including but not limited to vaults
containing Loop Concentrators or similar structures; and all land owned, leased, or otherwise
controlled by Qwest that is adjacent to these Central Offices, Wire Centers, buildings and
structures.
"Product Catalog" or "PCAT" is a Qwest document that provides information needed to request
services available under this Agreement. Qwest agrees that CLEC shall not be held to the
requirements of the PCAT. The PCAT is available on Qwest’s Web site:
http//www.qwest.com/wholesale/pcat/
"Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in
section 9.2.2.9.7, including out of hours coordination.
"Proof of Authorization" or "POA" shall consist of verification of the end user's selection and
authorization adequate to document the end user's selection of its local service provider.
"Proprietary Information" shall have the same meaning as Confidential Information.
"Provisioning" involves the exchange of information between Telecommunications Carriers
where one executes a request for a set of products and services or Unbundled Network
Elements or combinations thereof from the other with attendant acknowledgments and status
reports.
"Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same
number of digits as ANI, that is not a NANP telephone directory number and may be used in
place of an ANI to convey special meaning, determined by agreements, as necessary, between
the system originating the call, intermediate systems handling and routing the call, and the
destination system.
"Public Safety Answering Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
"Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
"Rate Center" identifies 1) the specific geographic point identified by specific vertical and
horizontal (V&H) coordinates, which are used to measure distance sensitive End User
Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NNX
codes which have been assigned to a LEC or its provision of Telephone Exchange Service.
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"Ready for Service" or "RFS" – A Collocation job is considered to be Ready for Service when
Qwest has completed all operational work in accordance with CLEC Application and makes
functional space available to CLEC. Such work includes, but is not necessarily limited to: DC
power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables
between CLEC and power are terminated), cage enclosures, primary AC outlet, cable racking,
and circuit terminations (e.g., fiber jumpers are placed between the outside plant fiber
distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA
are complete, telephone service, and other services and facilities ordered by CLEC for
Provisioning by the RFS date.
"Records Issue Date" or "RID" means the date that all design and assignment information is
sent to the necessary service implementation groups.
"Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the
telephone network. If an End User Customer changes its local service provider from one Party
to the other Party, using RCF, the old service provider’s switch will route the End User
Customer’s calls to the new service provider by translating the dialed number into another
telephone number with an NXX corresponding to the new service provider’s switch. The new
service provider then completes the routing of the call to its new End User Customer.
"Remote Premises" means all Qwest Premises, other than Qwest Wire Centers or adjacent to
Qwest Wire Centers. Such Remote Premises include controlled environmental vaults,
controlled environmental huts, cabinets, pedestals and other Remote Terminals.
"Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point
between the End User Customer and Qwest’s Central Office, where Loops are aggregated and
hauled to the Central Office or Serving Wire Center using LCM. A Remote Terminal may
contain active electronics such as digital Loop Carriers, fiber hubs, DSLAMs, etc.
"Reseller" is a category of CLECs who purchase the use of Finished Services for the purpose of
reselling those Telecommunications Services to their End User Customers.
"Reserved Numbers" means those telephone numbers which are not in use but which are held
in reserve by a Carrier under a legally enforceable written agreement for a specific End User
Customer's future use.
"Scheduled Issued Date" or "SID" means the date the order is entered into Qwest’s order
distribution system.
"Selective Router" means the equipment necessary for Selective Routing.
"Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional
responsibility for the service address of the caller, irrespective of telephone company exchange
or Wire Center boundaries. Selective Routing may also be used for other services.
"Service Control Point" or "SCP" means a node in the CCS network to which information
requests for service handling, such as routing, are directed and processed. The SCP is a real
time database system that, based on a query from a Service Switching Point (SSP), performs
subscriber or application-specific service logic and then sends instructions back to the SSP on
how to continue call processing.
"Service Creation Environment" is a computer containing generic call processing software that
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can be programmed to create new Advanced Intelligent Network call processing services.
"Service Date" or "SD" means the date service is made available to the End User Customer.
This also is referred to as the "Due Date."
"Service Provider Identification" or "SPID" is the number that identifies a service provider to the
relevant NPAC. The SPID may be a state specific number.
"Serving Wire Center" denotes the Wire Center from which dial tone for Local Exchange Service
would normally be provided to a particular Customer premises.
"Shared Transport" shall have the meaning set forth in Section 9.8.1.1.
"Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub-
protocols:
1) Message Transfer Part (MTP), which provides functions for basic routing of
signaling messages between signaling points;
2) Signaling Connection Control Part (SCCP), which provides additional routing
and management functions for transfer of messages other than call setup between
signaling points;
3) Integrated Services Digital Network User Part (ISUP), which provides for
transfer of call setup signaling information between signaling points; and
4) Transaction Capabilities Application Part (TCAP), which provides for transfer
of non-circuit related information between signaling points.
"Signaling Transfer Point" or "STP" means a Packet Switch that performs message routing
functions and provides information for the routing of messages between signaling end points,
including SSPs, SCPs, Signaling Points (SPs) and other STPs in order to set up calls and to
query call-related databases. An STP transmits, receives and processes Common channel
Signaling (CCS) messages.
"Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F.
"Spectrum Compatibility" means the capability of two (2) Copper Loop transmission system
technologies to coexist in the same cable without service degradation and to operate
satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is
defined on a per twisted pair basis for specific well-defined transmission systems. For the
purposes of issues regarding Spectrum Compatibility, service degradation means the failure to
meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined
for the specific transmission system for all Loop lengths, model Loops, or loss values within the
requirements for the specific transmission system.
"Splitter" means a device used in conjunction with a DSLAM either to combine or separate the
high (DSL) and low (voice) frequency spectrums of the Loop in order to provide both voice and
data over a single Loop.
"Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section
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12.2.9.3.2.
"Subloop" shall have the meaning set forth in Section 9.3.1.1.
"Suspended Lines" means subscriber lines that have been temporarily disconnected.
"Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem
Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End Office/Tandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX
access, and 900 access and their successors or similar Switched Access Services.
"Switched Access Traffic," as specifically defined in Qwest’s interstate Switched Access Tariffs,
is traffic that originates at one of the Party’s End User Customers and terminates at an IXC
Point of Presence, or originates at an IXC Point of Presence and terminates at one of the
Party’s End User Customers, whether or not the traffic transits the other Party’s network.
"Synchronous Optical Network" or "SONET" is a TDM-based (time division multiplexing)
standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards
Association (ECSA) for the American National Standards Institute ("ANSI").
"Tariff" as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs,
price lists, and price schedules.
"Technically Feasible" Interconnection, access to unbundled Network Elements, Collocation,
and other methods of achieving Interconnection or access to unbundled Network Elements at a
point in the network shall be deemed Technically Feasible absent technical or operational
concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such
Interconnection, access, or methods. A determination of technical feasibility does not include
consideration of economic, accounting, Billing, space, or site concerns, except that space and
site concerns may be considered in circumstances where there is no possibility of expanding
the space available. The fact that an incumbent LEC must modify its facilities or equipment to
respond to such request does not determine whether satisfying such request is Technically
Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse
network reliability impacts must prove to the Commission by clear and convincing evidence that
such Interconnection, access, or methods would result in specific and significant adverse
network reliability impacts.
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the user’s choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the provision of fixed and
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mobile satellite service shall be treated as common carriage.
"Telecommunications Equipment" means equipment, other than Customer Premises
Equipment, used by a Carrier to provide Telecommunications Services, and include software
integral to such equipment, including upgrades.
"Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,
regardless of the facilities used.
"Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by a
single exchange, and which is covered by the exchange service charge, or comparable service
provided through a system of Switches, transmission equipment or other facilities (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
"TELRIC" means Total Element Long-Run Incremental Cost.
"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes.
"Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data,
related field rules, format, structure, syntax, attributes, segments, elements, qualifiers, valid
values that are required to initiate and process a business function from one trading partner to
another. Some business function events, e.g., pre-order inquiry and response are defined as
complimentary Transaction Sets. An example of a Transaction Set is service address validation
inquiry and service address validation response.
"Trunk Side" refers to Switch connections that have been programmed to treat the circuit as
connected to another switching entity.
"Unbundled Network Element" is a Network Element that has been defined by the FCC or the
Commission as a Network Element to which Qwest is obligated to provide unbundled access or
for which unbundled access is provided under this Agreement.
"Unbundled Network Element Platform" or "UNE-P" is a combination of Unbundled Network
Elements as set forth in Section 9.23.
"UNE Combination" means a combination of two (2) or more Unbundled Network Elements that
were or were not previously combined or connected in Qwest's network as required by the FCC,
the Commission or this Agreement.
"Virtual Collocation" shall have the meaning set forth in Sections 8.1.1.1 and 8.2.2.1.
"Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications
Services provided to low-income subscribers, pursuant to requirements established by the
Commission or the FCC.
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"Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded, scrapped or recycled, associated with activities CLEC or Qwest or their
respective contractors or agents perform at Work Locations. It shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers, containers,
garbage, scrap, residues or by products), except for substances and materials that CLEC,
Qwest or their respective contractors or agents intend to use in their original form in connection
with similar activities, are Waste. Waste shall not include substances, materials or components
incorporated into structures (such as cable routes) even after such components or structure are
no longer in current use.
"Wire Center" denotes a building or space within a building that serves as an aggregation point
on a given Carrier's network, where transmission facilities are connected or switched. Wire
Center can also denote a building where one or more Central Offices, used for the provision of
Basic Exchange Telecommunications Services and Access Services, are located.
"Wired and Office Tested Date" or "WOT" means the date by which all intraoffice wiring is
completed, all plug-ins optioned and aligned, frame continuity established, and the interoffice
facilities, if applicable, are tested. This includes the date that switching equipment, including
translation loading, is installed and tested.
"Work Locations" means any real estate that CLEC or Qwest, as appropriate, owns, leases or
licenses, or in which it holds easements or other rights to use, or does use, in connection with
this Agreement.
Terms not otherwise defined here but defined in the Act and the orders and the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
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Section 5.0 - TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 Intentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
5.1.3 Neither Party shall use any service related to or use any of the services provided
in this Agreement in any manner that interferes with other Persons in the use of their service,
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party’s End User Customers. In addition, neither Party's provision of
or use of services shall interfere with the services related to or provided under this Agreement.
5.1.3.1 If such impairment is material and poses an immediate threat to the
safety of either Party's employees, Customers or the public or poses an immediate
threat of a service interruption, that Party shall provide immediate notice by email to the
other Party's designated representative(s) for the purposes of receiving such notification.
Such notice shall include 1) identification of the impairment (including the basis for
identifying the other Party's facilities as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Party may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm, until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. In the event either Party disputes any action that the other
Party seeks to take or has taken pursuant to this provision, that Party may pursue
immediate resolution by expedited or other Dispute Resolution.
5.1.3.2 If the impairment is service impacting but does not meet the parameters
set forth in section 5.1.3.1, such as low level noise or other interference, the other Party
shall provide written notice within five (5) calendar Days of such impairment to the other
Party and such notice shall include the information set forth in subsection 5.1.3.1. The
Parties shall work cooperatively and in good faith to resolve their differences. If the
impairment has not been corrected or cannot be corrected within five (5) business days
of receipt of the notice of non-compliance, the other Party may pursue immediate
resolution by expedited or other Dispute Resolution.
5.1.3.3 If either Party causes non-service impacting impairment the other Party
shall provide written notice within fifteen (15) calendar Days of the impairment to the
other Party and such notice shall include the information set forth in subsection 5.1.3.1.
The Parties shall work cooperatively and in good faith to resolve their differences. If
either Party fails to correct any such impairment within fifteen (15) calendar Days of
written notice, or if such non-compliance cannot be corrected within fifteen (15) calendar
Days of written notice of non-compliance, and if the impairing Party fails to take all
appropriate steps to correct as soon as reasonably possible, the other Party may pursue
immediate resolution by expedited or other Dispute Resolution.
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5.1.3.4 It is the responsibility of either Party to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the
Party receives notice of same.
5.1.4 Each Party is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liability of either Party for its failure to perform under this Agreement.
5.1.5 The Parties shall work cooperatively to minimize fraud associated with third-
number billed calls, calling card calls, and any other services related to this Agreement.
5.1.6 Nothing in this Agreement shall prevent either Party from seeking to recover the
costs and expenses, if any, it may incur in (a) complying with and implementing its obligations
under this Agreement, the Act, and the rules, regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to continue complying
with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing,
Qwest shall not assess any charges against CLEC for services, facilities, Unbundled Network
Elements, ancillary service and other related works or services covered by this Agreement,
unless the charges are expressly provided for in this Agreement. All services and capabilities
currently provided hereunder (including resold Telecommunications Services, Unbundled
Network Elements, UNE combinations and ancillary services) and all new and additional
services or Unbundled Network Elements to be provided hereunder, shall be priced in
accordance with all applicable provisions of the Act and the rules and order of the Federal
Communications Commission and orders of the Commission.
5.2 Term of Agreement
5.2.1 This Agreement shall become effective upon Commission Approval (“Effective
Date”) pursuant to Section 252 of the Act. This Agreement shall be binding upon the Parties for
a term of three (3) years and shall expire three (3) years from the Effective Date.
5.2.2 Upon expiration of the term of this Agreement, this Agreement shall continue in
full force and effect until superseded by a successor agreement in accordance with this Section
5.2.2. Any Party may request negotiation of a successor agreement by written notice to the
other Party no earlier than one hundred sixty (160) Days prior to the expiration of the term, or
the Agreement shall renew on a month to month basis. The date of this notice will be the
starting point for the negotiation window under section 252 of the Act. This Agreement will
terminate on the date a successor agreement is approved by the Commission.
5.2.2.1 Prior to the conclusion of the term specified above, CLEC may obtain
Interconnection services under the terms and conditions of a then-existing SGAT or
agreement to become effective at the conclusion of the term or prior to the conclusion of
the term if CLEC so chooses.
5.3 Proof of Authorization
5.3.1 Each Party shall be responsible for obtaining and maintaining Proof of
Authorization (POA), as required by applicable federal and state law, as amended from time to
time.
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5.3.2 The Parties shall make POAs available to each other upon request in the event of
an allegation of an unauthorized change in accordance with all Applicable Laws and rules and
shall be subject to any penalties contained therein.
5.4 Payment
5.4.1 Amounts payable under this Agreement are due and payable within thirty (30)
calendar Days after the date of invoice, or within twenty (20) calendar Days after receipt of the
invoice, whichever is later (payment Due Date). If the payment Due Date is not a business day,
the payment shall be due the next business day.
5.4.2 One Party may discontinue processing orders for the failure of the other Party to
make full payment for the relevant services, less any disputed amount as provided for in Section
5.4.4 of this Agreement, for the relevant services provided under this Agreement within thirty
(30) calendar Days following the payment Due Date. The Billing Party will notify the other Party
in writing at least ten (10) business days prior to discontinuing the processing of orders for the
relevant services. If the Billing Party does not refuse to accept additional orders for the relevant
services on the date specified in the ten (10) business days notice, and the other Party's non-
compliance continues, nothing contained herein shall preclude the Billing Party's right to refuse
to accept additional orders for the relevant services from the non-complying Party without
further notice. For order processing to resume, the billed Party will be required to make full
payment of all charges for the relevant services not disputed in good faith under this Agreement.
Additionally, the Billing Party may require a deposit (or additional deposit) from the billed Party,
pursuant to this section. In addition to other remedies that may be available at law or equity, the
billed Party reserves the right to seek equitable relief including injunctive relief and specific
performance.
5.4.3 The Billing Party may disconnect any and all relevant services for failure by the
billed Party to make full payment, less any disputed amount as provided for in Section 5.4.4 of
this Agreement, for the relevant services provided under this Agreement within sixty (60)
calendar Days following the payment Due Date. The billed Party will pay the applicable
reconnect charge set forth in Exhibit A required to reconnect each resold End User Customer
line disconnected pursuant to this paragraph. The Billing Party will notify the billed Party in at
least ten (10) business days prior to disconnection of the unpaid service(s). In case of such
disconnection, all applicable undisputed charges, including termination charges, shall become
due. If the Billing Party does not disconnect the billed Party's service(s) on the date specified in
the ten (10) business days notice, and the billed Party's noncompliance continues, nothing
contained herein shall preclude the Billing Party's right to disconnect any or all relevant services
of the non-complying Party without further notice. For reconnection of the non-paid service to
occur, the billed Party will be required to make full payment of all past and current undisputed
charges under this Agreement for the relevant services. Additionally, the Billing Party will
request a deposit (or recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the
billed Party, pursuant to this Section. Both Parties agree, however, that the application of this
provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not
apply to amounts billed during those three (3) cycles. In addition to other remedies that may be
available at law or equity, each Party reserves the right to seek equitable relief, including
injunctive relief and specific performance.
5.4.4 Should CLEC or Qwest dispute, in good faith, any portion of the nonrecurring
charges or monthly Billing under this Agreement, the Parties will notify each other in writing
within fifteen (15) calendar Days following the payment Due Date identifying the amount, reason
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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 all documentation regarding the amount disputed that is reasonably
requested by the other Party, and work in good faith in an effort to resolve and settle the dispute
prior to initiating 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 Billing
Party, the withholding Party shall pay the disputed amount and applicable late payment
charges no later than the second Bill Date following the resolution. If the disputed
charges have been withheld and the dispute is resolved in favor of the disputing Party,
the Billing Party shall credit the bill 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 Bill Date after the resolution of the dispute. If a Party pays the disputed charges
and the dispute is resolved in favor of the Billing Party, no further action is required.
5.4.4.2 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 Billing Party shall, no later than the second Bill Date after the
resolution of the dispute: (1) credit the disputing Party's bill for the disputed amount and
any associated interest or (2) pay the remaining amount to CLEC, if the disputed amount
is greater than the bill to be credited. The interest calculated on the disputed amounts
will be the same rate as late payment charges. In no event, however, shall any late
payment charges be assessed on any previously assessed late payment charges.
5.4.4.3 If a Party fails to dispute a charge and discovers an error on a bill it has
paid after the period set forth in section 5.4.4, the Party may dispute the bill at a later
time through an informal process, through an Audit pursuant to the Audit provision of this
Agreement, through the Dispute Resolution provision of this Agreement, or applicable
state statutes or Commission rules.
5.4.5 Each Party will determine the other Party's credit status based on previous
payment history or credit reports such as Dun and Bradstreet. If a Party has not established
satisfactory credit with the other Party according to the above provisions or the Party is
repeatedly delinquent in making its payments, or the Party is being reconnected after a
disconnection of service or discontinuance of the processing of orders by the Billing Party due to
a previous nonpayment situation, the Billing Party may require a deposit to be held as security
for the payment of charges before the orders from the billed Party will be provisioned and
completed or before reconnection of service. "Repeatedly delinquent" means any payment
received thirty (30) calendar Days or more after the payment Due Date, three (3) or more times
during a twelve (12) month period. The deposit may not exceed the estimated total monthly
charges for an average two (2) month period within the 1st three (3) months for all services. The
deposit may be a surety bond if allowed by the applicable Commission regulations, a letter of
credit with terms and conditions acceptable to the Billing Party, or some other form of mutually
acceptable security such as a cash deposit. Required deposits are due and payable within
thirty (30) calendar Days after demand.
5.4.6 Interest will be paid on cash deposits at the rate applying to deposits under
applicable Commission regulations. Cash deposits and accrued interest will be credited to the
billed Party's account or refunded, as appropriate, upon the earlier of the expiration of the term
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of the Agreement or the establishment of satisfactory credit with the Billing Party, which will
generally be one full year of timely payments of undisputed amounts in full by the billed Party.
Upon a material change in financial standing, the billed Party may request and the Billing Party
will consider a recalculation of the deposit. The fact that a deposit has been made does not
relieve CLEC from any requirements of this Agreement.
5.4.7 The Billing Party may review the other Party's credit standing and modify the
amount of deposit required but in no event will the maximum amount exceed the amount stated
in 5.4.5.
5.4.8 The late payment charge for amounts that are billed under this Agreement shall
be in accordance with Commission requirements.
5.4.9 Each Party shall be responsible for notifying its End User Customers of any
pending disconnection of a non-paid service by the billed Party, if necessary, to allow those
Customers to make other arrangements for such non-paid services.
5.5 Taxes
5.5.1 Any federal, state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges resulting from the performance of this Agreement shall be borne by
the Party upon which the obligation for payment is imposed under Applicable Law, even if the
obligation to collect and remit such taxes is placed upon the other Party. However, where the
selling Party is permitted by law to collect such taxes, fees or surcharges, from the purchasing
Party, such taxes, fees or surcharges shall be borne by the Party purchasing the services.
Each Party is responsible for any tax on its corporate existence, status or income. Whenever
possible, these amounts shall be billed as a separate item on the invoice. To the extent a sale
is claimed to be for resale tax exemption, the purchasing Party shall furnish the providing Party
a proper resale tax exemption certificate as authorized or required by statute or regulation by
the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption
certificate is provided, no exemptions will be applied. If either Party (the Contesting Party)
contests the application of any tax collected by the other Party (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the Contesting Party's challenge,
provided that the Contesting Party pays any costs incurred by the Collecting Party. The
Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest,
provided that the Contesting Party is liable for and has paid the tax contested.
5.6 Insurance
5.6.1 Each Party shall at all times during the term of this Agreement, at its own cost and
expense, carry and maintain the insurance coverage listed below with insurers having a "Best's"
rating of B+XIII with respect to liability arising from that Party's operations for which that Party
has assumed legal responsibility in this Agreement. If either Party or its parent company has
assets equal to or exceeding $10,000,000,000, that Party may utilize an Affiliate captive
insurance company in lieu of a "Best's" rated insurer. To the extent that the parent company of
a Party is relied upon to meet the $10,000,000,000 asset threshold, such parent shall be
responsible for the insurance obligations contained in this Section 5.6.1, to the extent its
affiliated Party fails to meet such obligations.
5.6.1.1 Workers' Compensation with statutory limits as required in the state of
operation and Employers' Liability insurance with limits of not less than $100,000 each
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accident.
5.6.1.2 Commercial General Liability insurance covering claims for bodily injury,
death, personal injury or property damage occurring or arising out of the use or
occupancy of the premises, including coverage for independent contractor’s protection
(required if any work will be subcontracted), premises-operations, products and/or
completed operations and contractual liability with respect to the liability assumed by
each Party hereunder. The limits of insurance shall not be less than $1,000,000 each
occurrence and $2,000,000 general aggregate limit.
5.6.1.3 Business automobile liability insurance covering the ownership,
operation and maintenance of all owned, non-owned and hired motor vehicles with limits
of not less than $1,000,000 per occurrence for bodily injury and property damage.
5.6.1.4 Umbrella/Excess Liability insurance in an amount of $10,000,000 excess
of Commercial General Liability insurance specified above. These limits may be
obtained through any combination of primary and excess or umbrella liability insurance
so long as the total limit is $11,000,000.
5.6.1.5 "All Risk" Property coverage on a full replacement cost basis insuring all
of CLEC personal property situated on or within the Premises.
5.6.2 Each Party will initially provide certificate(s) of insurance evidencing coverage,
and thereafter will provide such certificates upon request. Such certificates shall (1) name the
other Party as an additional insured under commercial general liability coverage; (2) provide
thirty (30) calendar Days prior written notice of cancellation of, material change or exclusions in
the policy(s) to which certificate(s) relate; (3) indicate that coverage is primary and not excess
of, or contributory with, any other valid and collectible insurance purchased by the other Party;
and (4) acknowledge severability of interest/cross liability coverage.
5.7 Force Majeure
5.7.1 Neither Party shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
Inability to secure products or services of other Persons or transportation facilities or acts or
omissions of transportation carriers shall be considered Force Majeure Events to the extent any
delay or failure in performance caused by these circumstances is beyond the Party's control and
without that Party's fault or negligence. The Party affected by a Force Majeure Event shall give
prompt notice to the other Party, shall be excused from performance of its obligations hereunder
on a Day to Day basis to the extent those obligations are prevented by the Force Majeure
Event, and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the
event of a labor dispute or strike the Parties agree to provide service to each other at a level
equivalent to the level they provide themselves.
5.8 Limitation of Liability
5.8.1 Each Party's liability to the other Party for any loss relating to or arising out of any
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act or omission in its performance under this Agreement, whether in contract, warranty, strict
liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total
amount that is or would have been charged to the other Party by such breaching Party for the
service(s) or function(s) not performed or improperly performed. Each Party's liability to the
other Party for any other losses shall be limited to the total amounts charged to CLEC under this
Agreement during the contract year in which the cause accrues or arises. Payments pursuant
to the QPAP should not be counted against the limit provided for in this Agreement.
5.8.2 Neither Party shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action, whether in contract,
warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibility that such damages could result. If the Parties enter
into a Performance Assurance Plan under this Agreement, nothing in this Section 5.8.2 shall
limit amounts due and owing under any Performance Assurance Plan.
5.8.3 Intentionally Left Blank.
5.8.4 Nothing contained in this Section shall limit either Party’s liability to the other for
(i) willful or intentional misconduct or (ii) damage to tangible real or personal property
proximately caused solely by such Party's negligent act or omission or that of their respective
agents, subcontractors, or employees.
5.8.5 Nothing contained in this Section 5.8 shall limit either Party’s obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's liability for
failing to make any payment due under this Agreement.
5.8.6 Intentionally Left Blank.
5.9 Indemnity
5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement the
following constitute the sole indemnification obligations between and among the Parties:
5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its officers, directors, employees and agents (each
an Indemnitee) from and against and in respect of any loss, debt, liability, damage,
obligation, claim, demand, judgment or settlement of any nature or kind, known or
unknown, liquidated or unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys’ fees), whether suffered, made, instituted, or asserted by
any Person or entity, for invasion of privacy, bodily injury or death of any Person or
Persons, or for loss, damage to, or destruction of tangible property, whether or not
owned by others, resulting from the Indemnifying Party’s breach of or failure to perform
under this Agreement, regardless of the form of action, whether in contract, warranty,
strict liability, or tort including (without limitation) negligence of any kind.
5.9.1.2 In the case of claims or loss alleged or incurred by an End User
Customer of either Party arising out of or in connection with services provided to the End
User Customer by the Party, the Party whose End User Customer alleged or incurred
such claims or loss (the Indemnifying Party) shall defend and indemnify the other Party
and each of its officers, directors, employees and agents (collectively the Indemnified
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Party) against any and all such claims or loss by the Indemnifying Party's, End User
Customers regardless of whether the underlying service was provided or Unbundled
Element was provisioned by the Indemnified Party, unless the loss was caused by the
willful misconduct of the Indemnified Party. The obligation to indemnify with respect to
claims of the Indemnifying Party’s End User Customers shall not extend to any claims
for physical bodily injury or death of any Person or person, or for loss, damage to, or
destruction of tangible property, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the employees,
contractors, agents, or other representatives of the Indemnified Party.
5.9.1.3 Reserved for Future Use.
5.9.1.4 For purposes of Section 5.9.1.2, where the Parties have agreed to
provision line sharing using a POTS Splitter: "End User Customer" means the DSL
provider's End User Customer for claims relating to DSL and the voice service provider's
End User Customer for claims relating to voice service.
5.9.2 The indemnification provided herein shall be conditioned upon:
5.9.2.1 The Indemnified Party shall promptly notify the Indemnifying Party of any
action taken against the Indemnified Party relating to the indemnification. Failure to so
notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that
the Indemnifying Party might have, except to the extent that such failure prejudices the
Indemnifying Party’s ability to defend such claim.
5.9.2.2 If the Indemnifying Party wishes to defend against such action, it shall
give written notice to the Indemnified Party of acceptance of the defense of such action.
In such event, the Indemnifying Party shall have sole authority to defend any such
action, including the selection of legal counsel, and the Indemnified Party may engage
separate legal counsel only at its sole cost and expense. In the event that the
Indemnifying Party does not accept the defense of the action, the Indemnified Party shall
have the right to employ counsel for such defense at the expense of the Indemnifying
Party. Each Party agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Party shall be available to the other Party with
respect to any such defense.
5.9.2.3 In no event shall the Indemnifying Party settle or consent to any
judgment pertaining to any such action without the prior written consent of the
Indemnified Party. In the event the Indemnified Party withholds consent, the Indemnified
Party may, at its cost, take over such defense, provided that, in such event, the
Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify the
relevant Indemnified Party against, any cost or liability in excess of such refused
compromise or settlement.
5.10 Intellectual Property
5.10.1 Except for a license to use any facilities or equipment (including software) solely
for the purposes of this Agreement or to receive any service solely (a) as provided in this
Agreement or (b) as specifically required by the then-applicable federal and state rules and
regulations relating to Interconnection and access to Telecommunications facilities and
services, nothing contained within this Agreement shall be construed as the grant of a license,
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either express or implied, with respect to any patent, copyright, trade name trade mark, service
mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned,
controlled or licensable by either Party. Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to trade or service marks.
5.10.2 Subject to Section 5.9.2, each Party (the Indemnifying Party) shall indemnify and
hold the other Party (the Indemnified Party) harmless from and against any loss, cost, expense
or liability arising out of a claim that the use of facilities of the Indemnifying Party or services
provided by the indemnifying Party provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual property rights of any third party. In
addition to being subject to the provisions of Section 5.9.2, the obligation for indemnification
recited in this paragraph shall not extend to infringement which results from (a) any combination
of the facilities or services of the Indemnifying Party with facilities or services of any other
Person (including the Indemnified Party but excluding the Indemnifying Party and any of its
Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b)
any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at
the request of the Indemnified Party and not required by the Indemnifying Party. In the event of
any claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified
Party to continue to use the facility or service; or (b) replace or modify the facility or service to
make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to
obtain the right for continued use or to replace or modify the facility or service as provided in the
preceding sentence and either (a) the facility or service is held to be infringing by a court of
competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility or
service will be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the
parties shall negotiate in good faith regarding reasonable modifications to this Agreement
necessary to (1) mitigate damage or comply with an injunction which may result from such
infringement or (2) allow cessation of further infringement. The Indemnifying Party may request
that the Indemnified Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilities or
services, and such request shall not be unreasonably denied.
5.10.3 To the extent required under applicable federal and state law, Qwest shall use its
best efforts to obtain, from its vendors who have licensed intellectual property rights to Qwest in
connection with facilities and services provided hereunder, licenses under such intellectual
property rights as necessary for CLEC to use such facilities and services as contemplated
hereunder and at least in the same manner used by Qwest for the facilities and services
provided hereunder. Qwest shall notify CLEC immediately in the event that Qwest believes it
has used its best efforts to obtain such rights, but has been unsuccessful in obtaining such
rights.
5.10.3.1 Qwest covenants that it will not enter into any licensing agreements with
respect to any Qwest facilities, equipment or services, including software, that contain
provisions that would disqualify CLEC from using or interconnecting with such facilities,
equipment or services, including software, pursuant to the terms of this Agreement.
Qwest warrants and further covenants that it has not and will not knowingly modify any
existing license agreements for any network facilities, equipment or services, including
software, in whole or in part for the purpose of disqualifying CLEC from using or
interconnecting with such facilities, equipment or services, including software, pursuant
to the terms of this Agreement. To the extent that providers of facilities, equipment,
services or software in Qwest's network provide Qwest with indemnities covering
intellectual property liabilities and those indemnities allow a flow-through of protection to
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third parties, Qwest shall flow those indemnity protections through to CLEC.
5.10.4 Except as expressly provided in this Intellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied, with respect
to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual
property right now or hereafter owned, controlled or licensable by either Party. Neither Party
may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual
property rights of the other Party or its Affiliates without execution of a separate agreement
between the Parties.
5.10.5 Neither Party shall without the express written permission of the other Party, state
or imply that: 1) it is connected, or in any way affiliated with the other or its Affiliates; 2) it is
part of a joint business association or any similar arrangement with the other or its Affiliates; 3)
the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its
goods and services; or 4) with respect to its marketing, advertising or promotional activities or
materials, the resold goods and services are in any way associated with or originated from the
other or any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully
describing the Network Elements it uses to provide service to its End User Customers, provided
it does not represent the Network Elements as originating from the other Party or its Affiliates in
any marketing, advertising or promotional activities or materials.
5.10.6 For purposes of resale only and notwithstanding the above, unless otherwise
prohibited by Qwest pursuant to an applicable provision herein, CLEC may use the phrase
"CLEC is a Reseller of Qwest Services" (the Authorized Phrase) in CLEC’s printed materials
provided:
5.10.6.1 The Authorized Phrase is not used in connection with any goods or
services other than Qwest services resold by CLEC.
5.10.6.2 CLEC’s use of the Authorized Phrase does not cause End User
Customers to believe that CLEC is Qwest.
5.10.6.3 The Authorized Phrase, when displayed, appears only in text form
(CLEC may not use the Qwest logo) with all letters being the same font and point size.
The point size of the Authorized Phrase shall be no greater than one fourth the point size
of the smallest use of CLEC’s name and in no event shall exceed 8 point size.
5.10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to
Qwest for its prior written approval.
5.10.6.5 If Qwest determines that CLEC’s use of the Authorized Phrase causes
End User Customer confusion, Qwest may immediately terminate CLEC’s right to use
the Authorized Phrase.
5.10.6.6 Upon termination of CLEC’s right to use the Authorized Phrase or
termination of this Agreement, all permission or right to use the Authorized Phrase shall
immediately cease to exist and CLEC shall immediately cease any and all such use of
the Authorized Phrase. CLEC shall either promptly return to Qwest or destroy all
materials in its possession or control displaying the Authorized Phrase.
5.10.7 Qwest and CLEC each recognize that nothing contained in this Agreement is
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intended as an assignment or grant to the other of any right, title or interest in or to the
trademarks or service marks of the other (the Marks) and that this Agreement does not confer
any right or license to grant sublicenses or permission to third parties to use the Marks of the
other and is not assignable. Neither Party will do anything inconsistent with the other's
ownership of their respective Marks, and all rights, if any, that may be acquired by use of the
Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all
Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other.
5.10.8 Upon request, for all intellectual property owned or controlled by a third party and
licensed to Qwest associated with the Unbundled Network Elements provided by Qwest under
this Agreement, either on the Effective Date or at any time during the term of the Agreement,
Qwest shall within ten (10) business days, unless there are extraordinary circumstances in
which case Qwest will negotiate an agreed upon date, then disclose to CLEC in writing (i) the
name of the Party owning, controlling or licensing such intellectual property, (ii) the facilities or
equipment associated with such intellectual property, (iii) the nature of the intellectual property,
and (iv) the relevant agreements or licenses governing Qwest's use of the intellectual property.
Except to the extent Qwest is prohibited by confidentiality or other provisions of an agreement or
license from disclosing to CLEC any relevant agreement or license within ten (10) business
days of a request by CLEC, Qwest shall provide copies of any relevant agreements or licenses
governing Qwest's use of the intellectual property to CLEC. To the extent Qwest is prohibited
by confidentiality or other provisions of an agreement or license from disclosing to CLEC any
relevant agreement or license, Qwest shall immediately, within ten (10) business days (i)
disclose so much of it as is not prohibited, and (ii) exercise best efforts to cause the vendor,
licensor or other beneficiary of the confidentiality provisions to agree to disclosure of the
remaining portions under terms and conditions equivalent to those governing access by and
disclosure to Qwest.
5.11 Warranties
5.11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES
AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL
PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL
FAULTS.
5.12 Assignment
5.12.1 Neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any rights or obligations hereunder) to a third party without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
this Agreement to a corporate Affiliate or an entity under its common control; without the
consent of the other Party, provided that the performance of this Agreement by any such
assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the Parties’ respective successors and assigns.
5.12.2 In the event that Qwest transfers to any party exchanges including End User
Customers that CLEC serves in whole or in part through facilities or services provided by Qwest
under this Agreement, the transferee shall be deemed a successor to Qwest’s responsibilities
hereunder for a period of ninety (90) Days from notice to CLEC of completion of such transfer or
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until such later time as the Commission may direct pursuant to the Commission’s then
applicable statutory authority to impose such responsibilities either as a condition of the transfer
or under such other state statutory authority as may give it such power. In the event of such a
proposed transfer, Qwest shall use its best efforts to facilitate discussions between CLEC and
the Transferee with respect to Transferee’s assumption of Qwest’s obligations pursuant to the
terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict CLEC's rights to opt into
Interconnection Agreements under § 252 of the Act.
5.13 Default
5.13.1 If either Party defaults in the payment of any amount due hereunder, or if either
Party violates any other material provision of this Agreement, and such default or violation shall
continue for thirty (30) calendar Days after written notice thereof, the other Party may seek relief
in accordance with the Dispute Resolution provision of this Agreement. The failure of either
Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance
shall not be construed as a general waiver or relinquishment on its part of any such provision,
but the same shall, nevertheless, be and remain in full force and effect.
5.14 Disclaimer of Agency
5.14.1 Except for provisions herein expressly authorizing a Party to act for another,
nothing in this Agreement shall constitute a Party as a legal representative or agent of the other
Party, nor shall a Party have the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other Party
whether regulatory or contractual, or to assume any responsibility for the management of the
other Party’s business.
5.15 Severability
5.15.1 In the event that any one or more of the provisions contained herein shall for any
reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties
will negotiate in good faith for replacement language as set forth herein. If any part of this
Agreement is held to be invalid or unenforceable for any reason, such invalidity or
unenforceability will affect only the portion of this Agreement which is invalid or unenforceable.
In all other respects, this Agreement will stand as if such invalid or unenforceable provision had
not been a part hereof, and the remainder of this Agreement shall remain in full force and effect.
5.16 Nondisclosure
5.16.1 All information, including but not limited to specifications, microfilm, photocopies,
magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical
information, data, employee records, maps, financial reports, and market data, (i) furnished by
one Party to the other Party dealing with business or marketing plans End User Customer
specific, facility specific, or usage specific information, other than End User Customer
information communicated for the purpose of providing Directory Assistance or publication of
directory database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked
at the time of delivery as "Confidential" or "Proprietary", or (iii) communicated and declared to
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the receiving Party at the time of delivery, or by written notice given to the receiving Party within
ten (10) calendar Days after delivery, to be "Confidential" or "Proprietary" (collectively referred
to as "Proprietary Information"), shall remain the property of the disclosing Party. A Party who
receives Proprietary Information via an oral communication may request written confirmation
that the material is Proprietary Information. A Party who delivers Proprietary Information via an
oral communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary Information. Each Party shall have the right to
correct an inadvertent failure to identify information as Proprietary Information by giving written
notification within thirty (30) Days after the information is disclosed. The receiving Party shall
from that time forward, treat such information as Proprietary Information.
5.16.2 Upon request by the disclosing Party, the receiving Party shall return all tangible
copies of Proprietary Information, whether written, graphic or otherwise, except that the
receiving Party may retain one copy for archival purposes.
5.16.3 Each Party shall keep all of the other Party’s Proprietary Information confidential
and will disclose it on a need to know basis only. In no case shall retail marketing, sales
personnel, or strategic planning have access to such Proprietary Information. The Parties shall
use the other Party’s Proprietary Information only in connection with this Agreement. Neither
Party shall use the other Party’s Proprietary Information for any other purpose except upon such
terms and conditions as may be agreed upon between the Parties in writing.
5.16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth in
this Agreement do not apply to such Proprietary Information as:
a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidential evidenced by written records prepared prior to delivery
by the disclosing Party; or
b) is or becomes publicly known through no wrongful act of the receiving Party;
or
c) is rightfully received from a third Person having no direct or indirect secrecy
or confidentiality obligation to the disclosing Party with respect to such information; or
d) is independently developed by an employee, agent, or contractor of the
receiving Party which individual is not involved in any manner with the provision of
services pursuant to the Agreement and does not have any direct or indirect access to
the Proprietary Information; or
e) is disclosed to a third Person by the disclosing Party without similar
restrictions on such third person’s rights; or
f) is approved for release by written authorization of the disclosing Party; or
g) is required to be disclosed by the receiving Party pursuant to Applicable Law
or regulation provided that the receiving Party shall give sufficient notice of the
requirement to the disclosing Party to enable the disclosing Party to seek protective
orders.
5.16.5 Nothing herein is intended to prohibit a Party from supplying factual information
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about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. In addition either Party shall have the right to disclose
Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Party in connection with this Agreement,
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLATA services by Qwest that are or may be required by the Act. The Parties
agree to cooperate with each other in order to seek appropriate protection or treatment of such
Proprietary Information pursuant to an appropriate protective order in any such proceeding.
5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Party or its
representatives and that the disclosing Party shall be entitled to seek equitable relief, including
injunctive relief and specific performance in the event of any breach of the confidentiality
provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies
for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all
other remedies available at law or in equity.
5.16.8 Nothing herein should be construed as limiting either Party's rights with respect to
its own Proprietary Information or its obligations with respect to the other Party's Proprietary
Information under Section 222 of the Act.
5.16.9 Forecasts provided by either Party to the other Party shall be deemed Confidential
Information and the Parties may not distribute, disclose or reveal, in any form, this material other
than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
5.16.9.1 The Parties may disclose, on a need to know basis only, CLEC individual
forecasts and forecasting information disclosed by Qwest, to Qwest's legal personnel in
connection with their representation of Qwest in any dispute regarding the quality or
timeliness of the forecast as it relates to any reason for which CLEC provided it to Qwest
under this Agreement, as well as to CLEC's wholesale account managers, wholesale LIS
and Collocation product managers, network and growth planning personnel responsible
for preparing or responding to such forecasts or forecasting information. In no case shall
retail marketing, sales or strategic planning have access to this forecasting information.
The Parties will inform all of the aforementioned personnel with access to such
Confidential Information, of its confidential nature and will require personnel to execute a
nondisclosure agreement which states that, upon threat of termination, the
aforementioned personnel may not reveal or discuss such information with those not
authorized to receive it except as specifically authorized by law. Violations of these
requirements shall subject the personnel to disciplinary action up to and including
termination of employment.
5.16.9.1.1 Upon the specific order of the Commission, Qwest may provide
the forecast information that CLECs have made available to Qwest under this
Agreement, provided that Qwest shall first initiate any procedures necessary to
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protect the confidentiality and to prevent the public release of the information
pending any applicable Commission procedures and further provided that Qwest
provides such notice as the Commission directs to CLEC involved, in order to
allow it to prosecute such procedures to their completion.
5.16.9.2 The Parties shall maintain confidential forecasting information in secure
files and locations such that access to the forecasts is limited to the personnel
designated in subsection 5.16.9.1 above and such that no other personnel have
computer access to such information.
5.17 Survival
5.17.1 Any liabilities or obligations of a Party for acts or omissions prior to the termination
of this Agreement, and any obligation of a Party under the provisions regarding indemnification,
Confidential or Proprietary Information, limitations of liability, and any other provisions of this
Agreement which, by their terms, are contemplated to survive (or to be performed after)
termination of this Agreement, shall survive cancellation or termination hereof.
5.18 Dispute Resolution
5.18.1 If any claim, controversy or dispute between the Parties, their agents, employees,
officers, directors or affiliated agents should arise, and the Parties do not resolve it in the
ordinary course of their dealings (the "Dispute"), then it shall be resolved in accordance with this
Section. Each notice of default, unless cured within the applicable cure period, shall be
resolved in accordance herewith. Dispute resolution under the procedures provided in this
Section 5.18 shall be the preferred, but not the exclusive remedy for all disputes between Qwest
and CLEC arising out of this Agreement or its breach. Each Party reserves its rights to resort to
the Commission or to a court, agency, or regulatory authority of competent jurisdiction. Nothing
in this Section 5.18 shall limit the right of either Qwest or CLEC, upon meeting the requisite
showing, to obtain provisional remedies (including injunctive relief) from a court before, during or
after the pendancy of any arbitration proceeding brought pursuant to this Section 5.18.
However, once a decision is reached by the Arbitrator, such decision shall supersede any
provisional remedy.
5.18.2 At the written request of either Party (the Resolution Request), and prior to any
other formal dispute resolution proceedings, each Party shall within seven (7) calendar Days
after such Resolution Request designate a vice-presidential 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 shall be at the discretion of the representatives. By mutual agreement, the
representatives may use other procedures, such as mediation, to assist in these negotiations.
The discussions and correspondence among the representatives for the purposes of these
negotiations shall be treated as Confidential Information developed for purposes of settlement,
and shall be exempt from discovery and production, and shall not be admissible in any
subsequent arbitration or other proceedings without the concurrence of both of the Parties.
5.18.3 If the vice-presidential level representatives or the designated representative with
authority to make commitments have not reached a resolution of the Dispute within fifteen (15)
calendar Days after the Resolution Request (or such longer period as agreed to in writing by the
Parties), or if either Party fails to designate such vice-presidential level representative or their
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representative with authority to make commitments within seven (7) calendar Days after the
date of the Resolution Request, then either Party may request that the Dispute be settled by
arbitration. Notwithstanding the foregoing, a Party may request that the Dispute be settled by
arbitration two (2) calendar Days after the Resolution Request pursuant to the terms of Section
5.18.3.1. In any case, the arbitration proceeding shall be conducted by a single arbitrator,
knowledgeable about the Telecommunications industry unless the Dispute involves amounts
exceeding five million ($5,000,000) in which case the proceeding shall be conducted by a panel
of three (3) arbitrators, knowledgeable about the Telecommunications industry. The arbitration
proceedings shall be conducted under the then-current rules for commercial disputes of the
American Arbitration Association (AAA) or J.A.M.S./Endispute, at the election of the Party that
initiates dispute resolution under this Section 5.18. Such rules and procedures shall apply
notwithstanding any part of such rules that may limit their availability for resolution of a Dispute.
The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitrability
of the Dispute. The arbitrator shall not have authority to award punitive damages. The
arbitrator's award shall be final and binding and may be entered in any court having jurisdiction
thereof. Each Party shall bear its own costs and attorneys’ fees, and shall share equally in the
fees and expenses of the arbitrator. The arbitration proceedings shall occur in the Denver,
Colorado metropolitan area or in another mutually agreeable location. It is acknowledged that
the Parties, by mutual, written agreement, may change any of these arbitration practices for a
particular, some, or all Dispute(s). The Party which sends the Resolution Request must notify
the Secretary of the Commission of the arbitration proceeding within forty-eight (48) hours of the
determination to arbitrate.
5.18.3.1 All expedited procedures prescribed by the AAA or J.A.M.S./Endispute
rules, as the case may be, shall apply to Disputes affecting the ability of a Party to
provide uninterrupted, high quality services to its End User Customers, or as otherwise
called for in this Agreement. A Party may seek expedited resolution of a Dispute if the
vice-presidential level representative, or other representative with authority to make
commitments, have not reached a resolution of the Dispute within two (2) calendar Days
after the Resolution Request. In the event the Parties do not agree that a service
affecting Dispute exists, the Dispute resolution shall commence under the expedited
process set forth in this Section 5.18.3.1, however, the first matter to be addressed by
the Arbitrator shall be the applicability of such process to such Dispute.
5.18.3.2 There shall be no discovery except for the exchange of documents
deemed necessary by the Arbitrator to an understanding and determination of the
Dispute. Qwest and CLEC shall attempt, in good faith, to agree on a plan for such
document discovery. Should they fail to agree, either Qwest or CLEC may request a
joint meeting or conference call with the Arbitrator. The Arbitrator shall resolve any
Disputes between Qwest and CLEC, and such resolution with respect to the need,
scope, manner, and timing of discovery shall be final and binding.
5.18.3.3 Arbitrator's Decision
5.18.3.3.1 The Arbitrator's decision and award shall be in writing and shall
state concisely the reasons for the award, including the Arbitrator's findings of
fact and conclusions of law.
5.18.3.3.2 An interlocutory decision and award of the Arbitrator granting or
denying an application for preliminary injunctive relief may be challenged in a
forum of competent jurisdiction immediately, but no later than ten (10) business
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days after the appellant's receipt of the decision challenged. During the
pendency of any such challenge, any injunction ordered by the Arbitrator shall
remain in effect, but the enjoined Party may make an application to the Arbitrator
for appropriate security for the payment of such costs and damages as may be
incurred or suffered by it if it is found to have been wrongfully enjoined, if such
security has not previously been ordered. If the authority of competent
jurisdiction determines that it will review, a decision granting or denying an
application for preliminary injunctive relief, such review shall be conducted on an
expedited basis.
5.18.3.4 To the extent that any information or materials disclosed in the course of
an arbitration proceeding contain proprietary, trade secret or Confidential Information of
either Party, it shall be safeguarded in accordance with Section 5.16 of this Agreement,
or if the Parties mutually agree, such other appropriate agreement for the protection of
proprietary, trade secret or Confidential Information that the Parties negotiate. However,
nothing in such negotiated agreement shall be construed to prevent either Party from
disclosing the other Party's information to the Arbitrator in connection with or in
anticipation of an arbitration proceeding, provided, however, that the Party seeking to
disclose the information shall first provide fifteen (15) calendar Days notice to the
disclosing Party so that that Party, with the cooperation of the other Party, may seek a
protective order from the arbitrator. Except as the Parties otherwise agree, or as the
Arbitrator for good cause orders, the arbitration proceedings, including hearings, briefs,
orders, pleadings and discovery shall not be deemed confidential and may be disclosed
at the discretion of either Party, unless it is subject to being safeguarded as proprietary,
trade secret or Confidential Information, in which event the procedures for disclosure of
such information shall apply.
5.18.4 Should it become necessary to resort to court proceedings to enforce a Party’s
compliance with the dispute resolution process set forth herein, and the court directs or
otherwise requires compliance herewith, then all of the costs and expenses, including its
reasonable attorney fees, incurred by the Party requesting such enforcement shall be
reimbursed by the non-complying Party to the requesting Party.
5.18.5 No Dispute, regardless of the form of action, arising out of this Agreement, may
be brought by either Party more than two (2) years after the cause of action accrues.
5.18.6 Nothing in this Section is intended to divest or limit the jurisdiction and authority of
the Commission or the FCC as provided by state and federal law.
5.18.7 In the event of a conflict between this Agreement and the rules prescribed by the
AAA or J.A.M.S./Endispute, this Agreement shall be controlling.
5.18.8 This Section does not apply to any claim, controversy or Dispute between the
Parties, their agents, employees, officers, directors or affiliated agents concerning the
misappropriation of use of intellectual property rights of a Party, including, but not limited to, the
use of the trademark, tradename, trade dress or service mark of a Party.
5.19 Controlling Law
5.19.1 This Agreement is offered by Qwest and accepted by CLEC in accordance with
applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance
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with applicable federal law and the state law of Idaho.
5.20 Responsibility for Environmental Contamination
5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Party did not introduce to the
affected work location. Both Parties shall defend and hold harmless the other, its officers,
directors and employees from and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of
or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the Indemnifying Party is responsible under Applicable Law.
5.20.2 In the event any suspect materials within Qwest-owned, operated or leased
facilities are identified to be asbestos containing, CLEC will ensure that to the extent any
activities which it undertakes in the facility disturb such suspect materials, such CLEC activities
will be in accordance with applicable local, state and federal environmental and health and
safety statutes and regulations. Except for abatement activities undertaken by CLEC or
equipment placement activities that result in the generation of asbestos-containing material,
CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any
liability for, or in connection with, any asbestos-containing material. Qwest agrees to
immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement
activities that potentially could affect CLEC personnel, equipment or operations, including, but
not limited to, contamination of equipment.
5.21 Notices
5.21.1 Any notices required by or concerning this Agreement shall be in writing and shall
be sufficiently given if delivered personally, delivered by prepaid overnight express service, or
sent by certified mail, return receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at the addresses shown below:
Qwest Corporation With copy to:
Director Interconnection Agreements Qwest Law Department
1801 California, Room 2420 Attn: Corporate Counsel, Interconnection
Denver, CO 80202 1801 California Street, 9th Floor
Phone: 303-965-3029 Denver, CO 80202
Fax: 303-896-7077
Email- intagree@qwest.com
and to CLEC at the address shown below:
Qwest Communications Corporation
Charles Lahey, Senior Manager, Industry Affairs
4250 N. Fairfax Dr.
Arlington, Virginia 22203
Phone- 703-363-4452
Fax- 703-363-5000
Email - charles.lahey@qwest.com
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If personal delivery is selected to give notice, a receipt acknowledging such delivery must be
obtained. Each Party shall inform the other of any change in the above contact Person and/or
address using the method of notice called for in this Section 5.21.
5.22 Responsibility of Each Party
5.22.1 Each Party is an independent contractor, and has and hereby retains the right to
exercise full control of and supervision over its own performance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and discharge
of all employees assisting in the performance of such obligations. Each Party will be solely
responsible for all matters relating to payment of such employees, including compliance with
social security taxes, withholding taxes and all other regulations governing such matters. Each
Party will be solely responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or agents bring to, create or
assume control over at Work Locations, and (ii) Waste resulting therefrom or otherwise
generated in connection with its or its contractors’ or agents’ activities at the Work Locations.
Subject to the limitations on liability and except as otherwise provided in this Agreement, each
Party shall be responsible for (i) its own acts and performance of all obligations imposed by
Applicable Law in connection with its activities, legal status and property, real or personal, and
(ii) the acts of its own Affiliates, employees, agents and contractors during the performance of
that Party's obligations hereunder.
5.23 No Third Party Beneficiaries
5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any
other Person. This Agreement will not provide any Person not a Party to this Agreement with
any remedy, claim, liability, reimbursement, claim of action, or other right in excess of those
existing by reference in this Agreement.
5.24 Reserved for Future Use.
5.24.1 Reserved for Future Use.
5.25 Publicity
5.25.1 Neither Party shall publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Party. Nothing in this section shall limit a Party's ability to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in Counterparts
5.26.1 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original; but such counterparts shall together constitute one and the same
instrument.
5.27 Compliance
5.27.1 Each Party shall comply with all applicable federal, state, and local laws, rules and
regulations applicable to its performance under this Agreement. Without limiting the foregoing,
Qwest and CLEC agree to keep and maintain in full force and effect all permits, licenses,
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certificates, and other authorities needed to perform their respective obligations hereunder.
5.28 Compliance with the Communications Assistance Law Enforcement Act of
1994
5.28.1 Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with the CALEA. Each Party shall
indemnify and hold the other Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Party’s sole cost and expense,
modify or replace any equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply with CALEA.
5.29 Cooperation
5.29.1 The Parties agree that this Agreement involves the provision of Qwest services in
ways such services were not previously available and the introduction of new processes and
procedures to provide and bill such services. Accordingly, the Parties agree to work jointly and
cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance,
Provisioning and Billing and in reasonably resolving issues which result from such
implementation on a timely basis. Electronic processes and procedures are addressed in
Section 12 of this Agreement.
5.30 Amendments
5.30.1 Either Party may request an amendment to this Agreement at any time by
providing to the other Party in writing information about the desired amendment and proposed
language changes. If the Parties have not reached agreement on the requested amendment
within sixty (60) calendar Days after receipt of the request, either Party may pursue resolution of
the amendment through the Dispute Resolution provisions of this Agreement.
5.30.2 Intentionally Left Blank.
5.30.3 The provisions of this Agreement, including the provisions of this sentence, may
not be amended, modified or supplemented, and waivers or consents to departures from the
provisions of this Agreement 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.
5.31 Entire Agreement
5.31.1 This Agreement (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of this
Agreement 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 this
Agreement.
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Section 6.0 – RESALE
6.1 Description
6.1.1 Qwest shall offer for resale at wholesale rates any Telecommunications Services
that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the
terms and conditions of this Section. All Qwest retail Telecommunications Services are
available for resale from Qwest pursuant to the Act and will include terms and conditions
(except prices) in Qwest’s 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 controlling.
6.1.2 While this Section 6.0 of this Agreement addresses the provision of certain Qwest
services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is required to
provide its Telecommunications Services to Qwest for resale by Qwest. Upon request by
Qwest, CLEC shall make its Telecommunications Services available to Qwest for resale
pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC’s
relevant orders and rules, and the Commission’s relevant orders and rules.
6.1.3 Certain Qwest services are not available for resale under this Agreement, as
noted in Section 6.2. The applicable discounts for services available for resale are identified in
Exhibit A.
6.2 Terms and Conditions
6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to
access Qwest’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC’s
location to deliver training, CLEC will pay Qwest’s reasonable travel related expenses. Qwest
may also offer to CLEC other training at reasonable costs.
6.2.2 Services available for resale under this Agreement may be resold only to the
same class of End User to which Qwest sells such services where such restrictions have been
ordered or approved by the Commission. Such restrictions are listed below in this Section
6.2.2.
6.2.2.1 Promotional offerings of ninety (90) days or less are available for resale.
Such promotions are available for resale under the same terms and conditions that are
available to Qwest retail End Users, with no wholesale discount. Should Qwest re-offer
any promotion for a sequential ninety (90) day or less promotion period following the
initial ninety (90) day or less promotion period, then the initial and subsequent
promotion(s) will be available to CLEC for resale with any applicable wholesale discount.
6.2.2.2 Market Trials of ninety (90) days or less are not available for resale.
6.2.2.3 Residential services and Lifeline/Link-up services are available only to
the same class of End User eligible to purchase these services from Qwest.
6.2.2.4 Universal Emergency Number Service is not available for resale.
Universal Emergency Number Service (E911/911 service) is provided with each Local
Exchange Service line resold by CLEC whenever E911/911 service would be provided
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on the same line if provided by Qwest to a Qwest retail End User.
6.2.2.5 Non-Telecommunications Services, such as inside wiring and
maintenance, calling cards and CPE, are not available for resale.
6.2.2.6 Voice messaging service is available for resale at the retail rate with no
discount. Enhanced services and Information Services other than voice messaging are
not available for resale.
6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available
for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All
terms and conditions (except prices) in Qwest’s applicable Tariffs, catalogs, price lists, or
other retail Telecommunications Services offerings will apply to resale of CSAs,
including early termination liability. Nothing in this Agreement shall affect any obligation
of any Qwest retail End User that early terminates a CSA, including payment of any
early termination charges. Where CLEC seeks to continue serving a Customer
presently served through a resold Qwest CSA, but wishes to provide such service
through alternate resale arrangements, Qwest shall provide CLEC the same waivers of
early termination liabilities as it makes to its own End Users in similar circumstances. In
any case where it is required to offer such a waiver, Qwest shall be entitled to apply
provisions that provide Qwest substantially the same assurances and benefits that
remained to it under the resold agreement as of the time it is changed.
6.2.2.8 Grandfathered services are available for resale by CLEC to existing End
Users of the grandfathered product or service.
6.2.2.9 Centrex terms and conditions related to calculation of charges for, and
Provisioning of common blocks, station lines and optional features will be based on the
Centrex definition of a system and a CLEC’s serving location.
6.2.2.9.1 Where a common block is applicable, a Centrex system is
defined by a single common block or multiple common blocks for a single CLEC
within a single Central Office switching system. A common block defines the
dialing plan for intercom calling, access to the Public Switched Network and/or
private facilities, station line and system restrictions and feature access
arrangements and functionality. CLEC may purchase multiple common blocks
within a single Central Office switching system when CLEC requires different
dialing plans, feature access arrangements and station line or system restrictions
within a single system operation. CLEC with multiple common blocks within the
same Central Office Switch may have Network Access Register and Private
Facility trunk groups aggregated across multiple common blocks. Centrex
system based optional features (i.e. Automatic Route Selection) may not be
aggregated across multiple common blocks. A Centrex system must provide
station lines to at least one location and may provide station lines to multiple
locations.
6.2.2.9.2 Centrex station lines are provisioned and charges are calculated
based on serving CLEC’s location. A location is defined as the site where Qwest
facilities (cable plant from the serving Central Office Switch) meet CLEC facilities
(inside wire). In a multi-tenant building, Qwest may bring facilities directly to a
single Point of Interconnection with CLEC facilities, typically in a basement
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equipment room, which would be considered a single location for this multi-
tenant building. Should Qwest bring service to multiple floors or offices within a
multi-tenant building each floor or office with a separate CLEC facilities
termination point is considered a location. A CLEC with multiple buildings within
contiguous property (campus) will be provisioned and billed as a single location.
Contiguous property is defined as property owned or leased by a single CLEC
and not separated by public thoroughfare, river or railroad rights-of-way.
Property will be considered contiguous when connected via connecting
passageways or conduit acceptable to Qwest for its facilities. A CLEC with
Centrex station lines from multiple Central Office switching systems, within the
same Qwest Wire Center, and provisioned to the same location will not be
charged for service or provisioned as if service was originating from a single
Centrex system. For example, station lines may only be aggregated from a
single Centrex CLEC system to a single CLEC serving location for rating
purposes. CLEC may not specify a Central Office as a CLEC location for the
termination of Centrex station lines.
6.2.2.10 Private line service used for Special Access is available for resale but
not at a discount.
6.2.2.11 Reserved for Future Use.
6.2.2.12 Telecommunications Services provided directly to CLEC for its own use
and not resold to End Users must be identified by CLEC as such, and CLEC will pay
Qwest retail prices for such services.
6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at
least equal in quality and in substantially the same time and manner that Qwest provides these
services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest’s retail End Users.
Qwest shall also provide resold services to CLEC in accordance with the Commission’s retail
service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or
fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to
CLEC, subject to the understanding that any payments made pursuant to this provision will be
an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a
performance assurance plan, and further subject to the following provisions:
6.2.3.1 Qwest shall provide service credits to CLEC for resold services in
accordance with the Commission’s retail service requirements that apply to Qwest retail
services, if any. Such credits shall be limited in accordance with the following:
a) Qwest’s service credits to CLEC shall be subject to the wholesale
discount;
b) Qwest shall only be liable to provide service credits in accordance with
the resold services provided to CLEC. Qwest is not required to provide service
credits for service failures that are the fault of the CLEC;
c) Intentionally Left Blank.
d) Intentionally Left Blank.
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e) In no case shall Qwest’s credits to CLEC exceed the amount Qwest
would pay a Qwest End User under the service quality requirements, less any
wholesale discount applicable to CLEC’s resold services; and
f) In no case shall Qwest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
6.2.3.2 Fines and Penalties - Qwest shall be liable to pay to CLEC fines and
penalties for resold services in accordance with the Commission’s retail service
requirements that apply to Qwest retail services, if any. Such credits shall be limited in
accordance with the following:
a) Qwest’s fines and penalties paid to CLEC shall be subject to the
wholesale discount;
b) Qwest shall only be liable to provide fines and penalties in accordance
with the resold services provided to CLEC. Qwest is not required to pay fines
and penalties for service failures that are the fault of the CLEC;
c) Reserved for Future Use.
d) In no case shall Qwest’s fines and penalties to CLEC exceed the
amount Qwest would pay the Commission under the service quality plan, less
any wholesale discount applicable to CLEC’s resold services; and
e) In no case shall Qwest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
6.2.4 In the event that there are existing agreements between CLEC and Qwest for
resale under Qwest retail Tariff discounts, CLEC may elect to continue to obtain services for
resale under the existing agreements and retail Tariff discounts, or CLEC may elect to terminate
such existing agreements and obtain such services by adopting this Agreement pursuant to the
General Terms of this Agreement. If CLEC so adopts this Agreement, the associated wholesale
discount specified in Exhibit A of this Agreement will apply.
6.2.5 Reserved for Future Use.
6.2.6 The Parties may not reserve blocks of telephone numbers except as allowed by
Applicable Law or regulation.
6.2.7 Qwest will accept at no charge one primary white pages Directory Listing for each
main telephone number belonging to CLEC’s End User based on End User information provided
to Qwest by CLEC. Qwest will place CLEC’s End Users’ listings in Qwest’s Directory
Assistance Database and will include such listings in Qwest’s Directory Assistance Service.
Additional terms and conditions with respect to Directory Listings are described in the Ancillary
Services Section and the Qwest Dex Section of this Agreement.
6.2.8 Qwest shall provide to CLEC, for CLEC’s End Users, E911/911 call routing to the
appropriate Public Safety Answering Point (PSAP). Qwest shall not be responsible for any
failure of CLEC to provide accurate End User information for listings in any databases in which
Qwest is required to retain and/or maintain such information. Qwest shall provide CLEC’s End
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User information to the Automatic Location Identification/Database Management System
(ALI/DMS). Qwest shall use its standard process to update and maintain CLEC’s End User
service information in the ALI/DMS used to support E911/911 services on the same schedule
that it uses for its retail End Users. Qwest assumes no liability for the accuracy of information
provided by CLEC.
6.2.9 If Qwest provides and CLEC accepts Qwest’s Directory Assistance Service or
operator services for CLEC’s resold Local Exchange Service lines, such Directory Assistance
and operator services may be provided with branding as provided in this Agreement in Sections
10.5 for Directory Assistance Service, and 10.7 for operator services.
6.2.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on
behalf of its End Users for InterLATA and IntraLATA services. CLEC and Qwest shall follow all
Applicable Laws, rules and regulations with respect to PIC changes. Qwest shall disclaim any
liability for CLEC’s improper InterLATA and IntraLATA PIC change requests, and CLEC shall
disclaim any liability for Qwest’s improper InterLATA (when applicable) and IntraLATA PIC
change requests.
6.2.11 When End Users switch from Qwest to CLEC, or to CLEC from any other Reseller
and if they do not change their service address to an address served by a different Central
Office, such End Users shall be permitted to retain their current telephone numbers if they so
desire.
6.2.12 In the event Qwest properly terminates the Provisioning of any resold services to
CLEC for any reason CLEC shall be responsible for providing any and all necessary notice to its
End Users of the termination. In no case shall Qwest be responsible for providing such notice
to CLEC’s End Users. Qwest will provide notice to CLEC of Qwest’s termination of a resold
service on a timely basis consistent with Commission rules and notice requirements.
6.2.13 The underlying network provider of a resold service shall be entitled to receive,
from the purchaser of Switched Access, the appropriate access charges pursuant to its then
effective Switched Access Tariff.
6.2.14 Resold services are available where facilities currently exist and are capable of
providing such services without construction of additional facilities or enhancement of existing
facilities. However, if CLEC requests that facilities be constructed or enhanced to provide
resold services, Qwest will construct facilities to the extent necessary to satisfy its obligations to
provide basic Local Exchange Service as set forth in Qwest’s Tariff and Commission rules.
Under such circumstances, Qwest will develop and provide to CLEC a price quote for the
construction. Construction charges associated with resold services will be applied in the same
manner that construction charges apply to Qwest retail End Users. If the quote is accepted by
CLEC, CLEC will be billed the quoted price and construction will commence after receipt of
payment.
6.3 Rates and Charges
6.3.1 Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offerings available for resale but
excluded from the wholesale pricing arrangement in the Agreement are available at the retail
Tariff, price list, catalog, or other retail Telecommunications Services offering rates.
Telecommunications Services available for resale with or without a wholesale discount are
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subject to Commission-approved change, and any such changes shall apply from the effective
date of such change on a going-forward basis only.
6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when
transferring services to CLEC.
6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to
End Users, will continue to be paid by CLEC without discount for each local exchange line
resold under this Agreement. All federal and state rules and regulations associated with SLC as
found in the applicable Tariffs also apply.
6.3.4 CLEC will pay to Qwest the Primary Interexchange Carrier (PIC) change charge
without discount for CLEC End User changes of Interexchange or IntraLATA Carriers. Any
change in CLEC’s End Users' Interexchange or IntraLATA Carrier must be requested by CLEC
on behalf of its End User, and Qwest will not accept changes to CLEC’s End Users’
Interexchange or IntraLATA Carrier(s) from anyone other than CLEC.
6.3.5 CLEC agrees to pay Qwest when its End User activates any services or features
that are billed on a per use or per activation basis (e.g., continuous redial, last call return, call
back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended
pursuant to this Section. With respect to all such charges, Qwest shall provide CLEC with
sufficient information to enable CLEC to bill its End Users.
6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC will
apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End
Users, except that CLEC will receive any applicable wholesale discount. Such Miscellaneous
Charges include charges listed in the applicable Tariff.
6.3.7 If the Commission orders additional services to be available for resale, Qwest will
revise Exhibit A to incorporate the services added by such order into this Agreement, effective
on the date ordered by the Commission. If the Commission indicates those additional services
must be available for resale at wholesale discount rates, those additional services will be added
to this Agreement at the original Agreement wholesale discount rate.
6.3.8 Qwest shall timely bill new or changed Commission-ordered resale rates or
charges using the effective date for such rates or charges as ordered by the Commission. If
Qwest bills CLEC amounts different from new or changed rates or charges after the effective
date of such rates or charges, Qwest shall make appropriate bill adjustments or provide
appropriate bill credits on CLEC’s bill(s).
6.3.9 If rates for services resold by CLEC under this Agreement change, based on
changes in Qwest’s Tariffs, catalogs, price lists or other retail Telecommunications Services
offerings, charges billed to CLEC for such services will be based upon the new Tariff, catalogs,
price lists, or other retail Telecommunications Services offerings rates less the applicable
wholesale discount, if any, as agreed to herein or as established by Commission order. The
new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail
Telecommunications Services offerings.
6.3.10 Product-specific nonrecurring charges as set forth in Qwest’s applicable Tariffs,
catalogs, price lists, or other retail Telecommunications Services offerings will apply when new
or additional resold services are ordered and installed at CLEC’s request for use by CLEC’s End
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Users. Such nonrecurring charges will be subject to the wholesale discount, if any, that applies
to the underlying service being added or changed.
6.4 Ordering Process
6.4.1 CLEC, or CLEC’s agent, shall act as the single point of contact for its End Users’
service needs, including without limitation, sales, service design, order taking, Provisioning,
change orders, training, maintenance, trouble reports, repair, post-sale servicing, Billing,
collection and inquiry CLEC’s End Users contacting Qwest in error will be instructed to contact
CLEC; and Qwest’s End Users contacting CLEC in error will be instructed to contact Qwest. In
responding to calls, neither Party shall make disparaging remarks about each other. To the
extent the correct provider can be determined, misdirected calls received by either Party will be
referred to the proper provider of Local Exchange Service; however, nothing in this Agreement
shall be deemed to prohibit Qwest or CLEC from discussing its products and services with
CLEC’s or Qwest’s End Users who call the other Party seeking such information.
6.4.2 CLEC shall transmit to Qwest all information necessary for the ordering (Billing,
listing and other information), installation, repair, maintenance and post-installation servicing
according to Qwest’s standard procedures, as described in the Qwest Product Catalog PCAT
available on Qwest’s public web site located at http://www.qwest.com/wholesale/pcat.
Information shall be provided using Qwest’s designated Local Service Request (LSR) format
which may include the LSR, End User and resale forms.
6.4.3 Qwest will use the same performance standards and criteria for installation,
Provisioning, maintenance, and repair of services provided to CLEC for resale under this
Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest
retail End Users. The installation, Provisioning, maintenance, and repair processes for CLEC’s
resale service requests are detailed in the Support Functions Section of this Agreement, and
are applicable whether CLEC’s resale service requests are submitted via Operational Support
System or by facsimile.
6.4.4 CLEC is responsible for providing to Qwest complete and accurate End User
listing information including initial and updated information for Directory Assistance Service,
white pages directories, and E911/911 Emergency Services. The Ancillary Services Section of
this Agreement contains complete terms and conditions for listings for Directory Assistance
Service, white pages directories, and E911/911 Emergency Services.
6.4.5 If Qwest’s retail End User, or the End User’s new local service provider orders the
discontinuance of the End User’s existing Qwest service in anticipation of End User moving to a
new local service provider, Qwest will render its closing bill to the End User, discontinuing Billing
as of the date of the discontinuance of Qwest’s service to the End User. If a CLEC that
currently provides resold service to an End User, or if End User’s new local service provider
orders the discontinuance of existing resold service from CLEC, Qwest will bill the existing
CLEC for service through the date End User receives resold service from the existing CLEC.
Qwest will notify CLEC by Operational Support System interface, facsimile, or by other agreed-
upon processes when an End User moves from one CLEC to a different local service provider.
Qwest will not provide CLEC with the name of the other local service provider selected by the
End User.
6.4.6 CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact
for order entry, problem resolution and repair of the resold services. These points of contact will
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be identified for both CLEC and Qwest in the event special attention is required on a service
request.
6.4.7 Prior to placing orders on behalf of the End User, CLEC shall be responsible for
obtaining and having in its possession Proof of Authorization (POA), as set forth in the Proof of
Authorization Section of this Agreement.
6.4.8 Due date intervals for CLEC’s resale service requests are established when
service requests are received by Qwest through Operational Support Systems or by facsimile.
Intervals provided to CLEC shall be equivalent to intervals provided by Qwest to itself, its
Affiliates, its subsidiaries, other Resellers, and to Qwest’s retail End Users.
6.5 Billing
6.5.1 Qwest shall bill CLEC and CLEC shall be responsible for all applicable charges
for the resold services as provided herein. CLEC shall also be responsible for all Tariffed,
cataloged, price listed, and other retail Telecommunications Services offerings charges and
charges separately identified in this Agreement associated with services that CLEC resells to an
End User under this Agreement.
6.5.2 Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten (10)
calendar days of the last day of the most recent Billing period, in an agreed upon standard
electronic Billing format as detailed in the Section 12.2.5, Billing information including (1) a
summary bill, and (2) individual End User sub-account information consistent with the samples
available for CLEC review.
6.6 Maintenance and Repair
6.6.1 Qwest will maintain its facilities and equipment used to provide CLEC resold
services. A CLEC or its End Users may not rearrange, move, disconnect or attempt to repair
Qwest’s facilities or equipment, including facilities or equipment that may terminate or be
located at the CLEC’s End User’s premises, other than by connection or disconnection to any
interface between Qwest and the End User’s facilities, without the written consent of Qwest.
6.6.2 Maintenance and repair procedures are detailed in Section 12. Access to
telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively.
6.6.3 CLEC and Qwest will employ the procedures for handling misdirected repair calls
as specified in Section 12.3.8 of this Agreement.
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Section 7.0 - INTERCONNECTION
7.1 Interconnection Facility Options
7.1.1 This Section describes the Interconnection of Qwest's network and CLEC's
network for the purpose of exchanging Exchange Service (EAS/Local traffic), Exchange Access
(IntraLATA Toll) and Jointly Provided Switched Access (InterLATA and IntraLATA) traffic.
Qwest will provide Interconnection at any Technically Feasible point within its network, including
but not limited to, (i) the line-side of a local Switch (i.e., local switching); (ii) the Trunk Side of a
local Switch, (iii) the trunk connection points for a Tandem Switch, (iv) Central Office Cross
Connection points, (v) out-of-band signaling transfer points necessary to exchange traffic at
these points and access call-related databases, and (vi) points of access to Unbundled Network
Elements. Section 9 of this Agreement describes Interconnection at points (i), (iv), (v), and (vi),
although some aspects of these Interconnection points are described in Section 7.
"Interconnection" is as described in the Act and refers, in this Section of the Agreement, to the
connection between networks for the purpose of transmission and routing of Telephone
Exchange Service traffic and Exchange Access traffic at points (ii) and (iii) described above.
Interconnection, which Qwest currently names "Local Interconnection Service" (LIS) is provided
for the purpose of connecting End Office Switches to End Office Switches or End Office
Switches to local or Access Tandem Switches for the exchange of Exchange Service
(EAS/Local traffic); or End Office Switches to Access Tandem Switches for the exchange of
Exchange Access (IntraLATA Toll) or Jointly Provided Switched Access Traffic. Qwest tandem
to CLEC tandem Switch connections will be provided where Technically Feasible. New or
continued Qwest local Tandem Switch to Qwest Access Tandem Switch and Qwest Access
Tandem Switch to Qwest Access Tandem Switch connections are not required where Qwest
can demonstrate that such connections present a risk of Switch exhaust and that Qwest does
not make similar use of its network to transport the local calls of its own or any Affiliate’s End
Users.
7.1.1.1 Qwest will provide to CLEC Interconnection at least equal in quality to
that provided to itself, to any subsidiary, Affiliate, or any other Party to which it provides
Interconnection. Notwithstanding specific language in other sections of this Agreement,
all provisions of this Agreement regarding Interconnection are subject to this
requirement. Qwest will provide Interconnection under rates, terms and conditions that
are just, reasonable and non-discriminatory. In addition, Qwest shall comply with all
state wholesale and retail service quality requirements.
7.1.2 Methods of Interconnection
The Parties will negotiate the facilities arrangement used to interconnect their respective
networks. CLEC shall establish at least one Physical Point of Interconnection in Qwest territory
in each LATA the CLEC has local Customers. The Parties shall establish, through negotiations,
at least one of the following Interconnection arrangements: (1) a DS1 or DS3 Qwest provided
facility; (2) Collocation; (3) negotiated Mid-Span Meet POI facilities; (4) other Technically
Feasible methods of Interconnection.
7.1.2.1 Qwest-provided Facility. Interconnection may be accomplished through
the provision of a DS1 or DS3 entrance facility at any technically feasible POI of CLEC's
determination. An entrance facility extends from the Qwest Serving Wire Center to
CLEC’s Switch location or POI. Qwest provided entrance facilities may not extend
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beyond the area served by the Qwest Serving Wire Center. The rates for Qwest
provided entrance facilities are provided in Exhibit A. Qwest's Private Line Transport
service is available as an alternative to Qwest provided entrance facilities, when CLEC
uses such Private Line Transport service for multiple services. Entrance facilities may
be used for Interconnection with Unbundled Network Elements.
7.1.2.2 Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by Qwest. The terms and conditions under which
Collocation will be available are described in Section 8 of this Agreement.
7.1.2.3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of
Interface, limited to the Interconnection of facilities between one Party’s Switch and the
other Party’s Switch. The actual physical Point of Interface and facilities used will be
subject to negotiations between the Parties. Each Party will be responsible for its
portion of the build to the Mid-Span Meet POI. A CLEC may use remaining capability in
an existing Mid-Span Meet POI to gain access to unbundled network facilities; provided
that CLEC shall be obliged to compensate Qwest under the terms and conditions
applicable to UNEs for the portion of the facility so used. In determining such portion,
the decision shall be based to the extent practicable on the guideline that the portion so
determined should correspond to the nature and extent of facilities that would be
required to provide access to elements in the absence of a concurrent use for
Interconnection. Qwest may seek appropriate relief from the Commission if it can
demonstrate that this provision has been used to occasion the installation of new
facilities that, while claimed necessary for Interconnection, were actually intended for
UNE access. These Mid Span Meet POIs will consist of facilities used for the
Provisioning of one or two way local/IntraLATA and Jointly Provided Switched Access
Interconnection trunks, as well as miscellaneous trunks such as Mass Calling Trunks,
OS/DA, 911 and including any dedicated DS1, DS3 transport trunk groups used to
provision originating CLEC traffic.
7.1.2.3.1 The Mid-Span Fiber Meet architecture requires each Party to
own its equipment on its side of the Point of Interconnection (POI). CLECs may
designate Mid Span Fiber Meet as the target architecture, except in scenarios
where it is not Technically Feasible or where the Parties disagree on midpoint
location.
7.1.2.3.2 In a Mid-Span Fiber Meet the Parties agree to establish
technical interface specifications for Fiber Meet arrangements that permit the
successful Interconnection and completion of traffic routed over the facilities that
interconnect at the Fiber Meet. CLEC is responsible for providing at its location
the Fiber Optic Terminal (FOT) equipment, multiplexing, and fiber required to
terminate the optical signal provided by Qwest. Qwest is responsible for
providing corresponding FOT(s), multiplexing, and fiber required to terminate the
optical signal provided by CLEC
7.1.2.3.3 The Parties shall, wholly at their own expense, procure, install,
and maintain the FOT(s) in each of their locations where the Parties establish a
Fiber Meet with capacity sufficient to provision and maintain all trunk groups. The
Parties shall mutually agree on the capacity of the FOT(s) to be utilized based on
equivalent DS1s and DS3s necessary for transport of forecasted local
Interconnection trunking. Each Party will also agree upon the optical frequency
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and wavelength necessary to implement the Interconnection.
7.1.2.4 Intentionally Left Blank.
7.1.2.5 Qwest agrees to provide local Interconnection trunk diversity to the same
extent it does so in Qwest’s local network.
7.2 Exchange of Traffic
7.2.1 Description
7.2.1.1 This Section 7.2 addresses the exchange of traffic between CLEC's
network and Qwest's network. Where either Party interconnects and delivers traffic to
the other from third parties, each Party shall bill such third parties the appropriate
charges pursuant to its respective Tariffs or contractual offerings for such third party
terminations. Unless otherwise agreed to by the Parties, via an amendment to this
Agreement, the Parties will directly exchange traffic between their respective networks
without the use of third party transit providers.
7.2.1.2 The traffic types to be exchanged under this Agreement include:
7.2.1.2.1 EAS/Local Exchange Service (EAS/Local) traffic as defined in
this Agreement.
7.2.1.2.2 IntraLATA Toll Exchange Access (IntraLATA Toll) traffic as
defined in this Agreement.
7.2.1.2.3 Jointly Provided Switched Access Traffic is defined in Section
7.5.1. Jointly Provided Switched Access is associated with Meet-Point-Billing.
7.2.1.2.4 Transit traffic is any traffic that originates from one
Telecommunications Carrier’s network, transits another Telecommunications
Carrier’s network, and terminates to yet another Telecommunications Carrier’s
network. For purposes of the Agreement, transit traffic does not include traffic
carried by Interexchange Carriers. That traffic is defined as Jointly Provided
Switched Access. Transit service is provided by Qwest, as a local and access
tandem provider, to CLEC to enable the completion of calls originated by or
terminated to another Telecommunications Carrier (such as another CLEC, an
existing LEC, or a wireless Carrier), which is connected to Qwest’s local or
access tandems. To the extent that CLEC's Switch functions as a local or
Access Tandem Switch, as defined in this Agreement, CLEC may also provide
transit service to Qwest.
7.2.1.2.5 Traffic having special Billing or trunking requirements includes,
but is not limited to, the following:
a) Directory Assistance;
b) 911/E911;
c) Operator busy line interrupt and verify;
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d) Toll free services; and
e) ISP-bound traffic.
7.2.1.2.6 Reserved for Future Use.
7.2.2 Terms and Conditions
7.2.2.1 Transport and Termination of Exchange Service (EAS/Local) Traffic
7.2.2.1.1 Exchange Service (EAS/Local) traffic will be terminated as Local
Interconnection Service (LIS).
7.2.2.1.2 As negotiated between the Parties, the transport of Exchange
Service (EAS/Local) traffic may occur in several ways:
7.2.2.1.2.1 One-way or two-way trunk groups may be
established. However, if either Party elects to provision its own one-way
trunks for delivery of Exchange Service (EAS/Local) traffic to be
terminated on the other Party’s network, the other Party must also
provision its own one-way trunks to the extent that traffic volumes
warrant.
7.2.2.1.2.2 CLEC may purchase transport services from Qwest
or from a third party, including a third party that has leased the Private
Line Transport Service facility from Qwest. Such transport provides a
transmission path for the LIS trunk to deliver the originating Party’s
Exchange Service EAS/Local Traffic to the terminating Party’s end office
or tandem for call termination. Transport may be purchased from Qwest
as tandem routed (i.e., tandem switching, tandem transmission and direct
trunked transport) or direct routed (i.e., direct trunked transport). This
Section is not intended to alter either Party’s obligation under Section
251(a) of the Act.
7.2.2.1.3 When either Party utilizes the other Party’s Tandem Office
Switch for the exchange of local traffic, where there is a DS1’s worth of traffic
(512 CCS) between the originating Party’s End Office Switch delivered to the
other Party’s Tandem Office Switch for delivery to one of the other Party’s End
Office Switches, the originating Party will order a direct trunk group to the other
Party’s End Office Switch. To the extent that CLEC has established a
Collocation arrangement at a Qwest End Office Switch location, and has
available capacity, CLEC may, at its sole option, provide two-way direct trunk
facilities from that End Office Switch to CLEC's Switch.
7.2.2.1.4 LIS ordered to a tandem will be provided as direct trunked
transport between the Serving Wire Center of CLEC's POI and the tandem.
Tandem transmission rates, as specified in Exhibit A of this Agreement, will apply
to the transport provided from the tandem to Qwest's end office.
7.2.2.1.5 If direct trunked transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party’s network, and the
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Parties cannot agree as to which Party will provide the facility, the Parties will
bring the matter before the Commission for resolution on an Individual Case
Basis.
7.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs)
used by a CLEC in a LATA, Qwest will route traffic destined for CLEC Customers
via direct trunking where direct trunking has been established. In the event that
direct trunking has not been established, such traffic shall be routed via a Qwest
tandem.
7.2.2.2 Exchange Access (IntraLATA Toll) Traffic
7.2.2.2.1 Exchange Access (IntraLATA Toll) traffic shall be delivered to
Qwest at the access tandem or via separate trunks to Qwest’s end office(s), as
designated by CLEC.
7.2.2.3 Transit Traffic
7.2.2.3.1 Qwest will accept traffic originated by CLEC for termination to
another CLEC, existing LEC, or wireless Carrier that is connected to Qwest’s
local and/or access tandems. Qwest will also terminate traffic from these other
Telecommunications Carriers to CLEC. For purposes of the Agreement, transit
traffic does not include traffic carried by Interexchange Carriers. That traffic is
defined as Jointly Provided Switched Access.
7.2.2.3.2 To the extent Technically Feasible, the Parties involved in
transporting transit traffic will deliver calls to each involved network with
CCS/SS7 Protocol and the appropriate ISUP/TCAP messages to facilitate full
Interoperability and Billing functions.
7.2.2.3.3 The originating company is responsible for payment of
appropriate rates to the transit company and to the terminating company. In the
case of Exchange Access (IntraLATA Toll) traffic where Qwest is the designated
IntraLATA Toll provider for existing LECs, Qwest will be responsible for payment
of appropriate usage rates.
7.2.2.3.4 When Qwest receives an unqueried call from CLEC to a number
that has been ported to another local services provider, the transit rate will apply.
7.2.2.4 Jointly Provided Switched Access. The Parties will use industry
standards developed to handle the Provisioning and Billing of jointly provided switched
access (MECAB, MECOD, and the Parties’ FCC and state access Tariffs). Each Party
will bill the IXC the appropriate portion of its Switched Access rates. Qwest will also
provide the one-time notification to CLEC of the Billing name, Billing address and Carrier
identification codes of the IXCs subtending any access tandems to which CLEC directly
connects. This type of traffic is discussed separately in this Section.
7.2.2.5 Interface Code Availability. Supervisory signaling specifications, and the
applicable network channel interface codes for LIS trunks can be found in the Qwest
Technical Publication for Local Interconnection Service 77398.
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7.2.2.6 Switching Options
7.2.2.6.1 SS7 Out of Band Signaling. SS7 Out of Band Signaling is
available for LIS trunks. SS7 Out-of-Band Signaling must be requested on the
order for the new LIS trunks. Common Channel Signaling Access Capability
Service may be obtained through the following options: (a) as set forth in this
Agreement at Section 9.6 or 9.13; (b) as defined in the Qwest FCC Tariff # 1; or
(c) from a third party signaling provider. Each of the Parties, Qwest and CLEC,
will provide for Interconnection of their signaling network for the mutual exchange
of signaling information in accordance with the industry standards as described in
Telcordia documents, including but not limited to GR-905 CORE, GR-954 CORE,
GR-394 CORE and Qwest Technical Publication 77342.
7.2.2.6.2 Clear Channel Capability. Clear Channel Capability (64CCC)
permits 24 DS0-64 Kbps services or 1.536 Mbps of information on the 1.544
Mbps/s line rate. 64CCC is available for LIS trunks equipped with SS7 Out-of-
Band signaling. 64CCC must be requested on the order for the new LIS trunks.
Qwest will provide CLEC with a listing of Qwest switches fully capable of routing
64CCC traffic through the Qwest website: http://www.qwest.com/disclosures.
Where available to Qwest, Qwest will provide CLEC with the same 64CCC on an
alternate route or if necessary via an overlay network.
7.2.2.6.3 MF Signaling. Interconnection trunks with MF signaling may be
ordered by CLEC if the Qwest Central Office Switch does not have SS7
capability or if the Qwest Central Office Switch does not have SS7 diverse
routing.
7.2.2.7 Measurement of terminating Local Interconnection Service (LIS) minutes
begins when the terminating LIS entry Switch receives answer supervision from the
called End User's end office indicating the called End User has answered. The
measurement of terminating call usage over LIS trunks ends when the terminating LIS
entry Switch receives disconnect supervision from either the called End User's end
office, indicating the called End User has disconnected, or CLEC's Point of
Interconnection, whichever is recognized first by the entry Switch. This is commonly
referred to as "conversation time." The Parties will only charge for actual minutes of use
and/or fractions thereof of completed calls. Minutes of use are aggregated at the end of
the Billing cycle by end office and rounded to the nearest whole minute.
7.2.2.8 LIS Forecasting
7.2.2.8.1 Both CLEC and Qwest shall work in good faith to define a
mutually agreed upon forecast of LIS trunking.
7.2.2.8.2 Both Parties shall have the obligation to participate in joint
planning meetings at semi annual intervals to establish trunk design and
Provisioning requirements. The Parties agree to provide mutual trunk forecast
information to ensure End User call completion between the Parties’ networks.
Such forecasts shall be for LIS trunking which impacts the Switch capacity and
facilities of each Party. Qwest shall provide trunk group specific projections to
the CLEC on or before the date of the joint planning meeting.
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7.2.2.8.3 Switch capacity growth requiring the addition of new switching
modules may require six (6) months to order and install. To align with the
timeframe needed to provide for the requested facilities, including engineering,
ordering, installation and make ready activities, for capacity growth, Qwest will
utilize CLEC forecasts and near-term demand submitted on Unforecast Demand
Notification Forms to ensure availability of Switch capacity.
7.2.2.8.4 The forecast will identify trunking requirements for a two (2) year
period. From the semi-annual close date as outlined in the forecast cycle, the
receiving Party will have one (1) month to determine network needs and place
vendor orders which may require a six (6) month interval to complete the network
build. Seven (7) months after submission of the forecast, Qwest will have the
necessary capacity in place to meet orders against the forecast. For ordering
information see Section 7.4. See also Section 7.2.2.8.6.
7.2.2.8.5 Both Parties will follow the forecasting and Provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct end office vs. tandem routing. See Section 7.2.2.1.3.
7.2.2.8.6 LIS Forecasting Deposits: In the event of a dispute regarding
forecast quantities, where in each of the preceding eighteen (18) months, trunks-
required is less than fifty percent (50%) of trunks in service, Qwest will make
capacity available in accordance with the lower forecast.
7.2.2.8.6.1 Three (3) weeks after a forecasting cycle, Qwest will
provide CLEC feedback in the form of a potentially lower forecast. In the
event of a dispute regarding forecast quantities, where in each of the
preceding eighteen (18) months, trunks-required is less than fifty percent
(50%) of trunks in service each month, Qwest will make capacity
available in accordance with the higher forecast if CLEC provides Qwest
with a deposit according to the following terms. As to the difference
between the lower and higher forecast, Qwest reserves the right to
require, prior to construction, a refundable deposit of up to one hundred
percent (100%) of the trunk-group specific estimated cost to provision the
new trunks, if CLEC’s trunk state wide average utilization over the prior
eighteen (18) months is less than fifty percent (50%) of trunks in service
each month. Qwest will return the deposit if CLEC’s state-wide average
trunks in service to trunk usage (utilization) ratio exceeds fifty percent
(50%) within six (6) months of the forecasting period to which the deposit
applies. If CLEC does not achieve the fifty percent (50%) utilization within
six (6) months, Qwest will retain a pro-rata portion of the deposit to cover
its capital cost of Provisioning. The pro-rata shall assume a full refund
when the state-wide average utilization ratio meets or exceeds fifty
percent (50%) for one of the six (6) months following receipt of deposit.
The pro-rata assumes half (1/2) of the deposit is refunded when the
highest state-wide average utilization ratio for any one of the six (6)
months after receipt of deposit is twenty-five percent (25%). In the event
Qwest does not have available facilities to provision Interconnection
trunking orders that CLEC forecasted and for which CLEC provided a
deposit, Qwest will immediately refund a pro rata portion of the deposit
associated with its facility shortfall. Ancillary trunk groups, such as mass
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calling, are excluded from the ratio.
7.2.2.8.6.2 Where there is a reasonably reliable basis for doing
so, Qwest shall include in the trunks-required calculation any usage by
others, including but not limited to Qwest itself, of facilities for which that
CLEC has made deposit payments. Qwest shall not be required to credit
such usage more than once in all the trunks-required calculations it must
make for all CLECs in the relevant period.
7.2.2.8.7 Joint planning meetings will be used to bring clarity to the
process. Each Party will provide adequate information associated with the
Qwest LIS Trunk Forecast Forms in addition to its forecasts. During the joint
planning meetings, both Parties shall provide information on major network
projects anticipated for the following year that may impact the other Party’s
forecast or Interconnection requirements. No later than two (2) weeks prior to
the joint planning meetings, the Parties shall exchange information to facilitate
the planning process. Qwest shall provide CLEC a report reflecting then current
spare capacity at each Qwest Switch that may impact the Interconnection traffic.
Qwest shall also provide a report reflecting then current blocking of local direct
and alternate final trunk groups, Interconnection and non-Interconnection alike.
CLEC will be provided Interconnection trunk group data on its own trunks. Qwest
shall also provide a report reflecting tandem-routed Interconnection trunking that
has exceeded 512BHCCS. The information is proprietary, provided under non-
disclosure and is to be used solely for Interconnection network planning.
7.2.2.8.8 In addition to the above information, CLEC shall provide:
a) Completed Qwest LIS Trunk Forecast Forms; and
b) Any planned use of an alternate tandem provider.
7.2.2.8.9 In addition to the above information, the following information
will be available through the Local Exchange Routing Guide or the
Interconnections (ICONN) Database. The LERG is available through Telcordia.
ICONN is available through the Qwest Web site.
a) Qwest Tandems and Qwest end offices (LERG);
b) CLLI codes (LERG);
c) Business/Residence line counts (ICONN);
d) Switch type (LERG or ICONN); and
e) Current and planned Switch generics (ICONN).
Qwest will notify a CLEC six (6) months prior to LERG amendment, the
anticipation of a new local tandem Switch.
7.2.2.8.10 Qwest Network Disclosure of deployment information for specific
technical capabilities (e.g., ISDN deployment, 64 CCC, etc.) shall be provided on
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Qwest's web site, http://www.qwest.com/disclosures.
7.2.2.8.11 When appropriate, Qwest will notify CLEC through the Qwest
Trunk Group Servicing Request (TGSR) process of the need to take action and
place orders in accordance with the forecasted trunk requirements. CLEC shall
respond to the TGSR within ten (10) business days of receipt.
7.2.2.8.12 The following terms shall apply to the forecasting process:
7.2.2.8.12.1 CLEC forecasts may be provided to Qwest as
detailed in the standard Trunk Forecast Form;
7.2.2.8.12.2 CLEC forecasts provided to Qwest, information provided by
CLEC to Qwest outside of the normal forecasting process to modify the forecast,
and forecasting information disclosed by Qwest to CLEC shall be deemed
Confidential Information and the Parties may not distribute, disclose or reveal, in
any form, this material other than as allowed and described in subsections
5.16.9.1 and 5.16.9.2. 7.2.2.8.13 If a trunk group is consistently utilized
(trunks required over trunks in service) at less than fifty percent (50%) of rated
busy hour capacity each month of any consecutive three (3) month period, Qwest
will notify CLEC of Qwest’s desire to resize the trunk group. Such notification
shall include Qwest’s information on current utilization levels. If CLEC does not
submit an ASR to resize the trunk group within thirty (30) calendar days of the
written notification, Qwest may reclaim the unused facilities and rearrange the
trunk group. When reclamation does occur, Qwest shall not leave the trunk
group with less than twenty-five percent (25%) excess capacity. Ancillary trunk
groups are excluded from this treatment.
7.2.2.8.14 Intentionally Left Blank.
7.2.2.8.15 Each Party shall provide a specified point of contact for
planning, forecasting and trunk servicing purposes.
7.2.2.8.16 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When Qwest claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that CLEC alone is the sole cause of such construction.
Qwest shall initiate such proceeding within ten (10) calendar days of notifying
CLEC in writing that it will not construct the requested facilities, or within ten (10)
calendar days of notice from CLEC in writing that Qwest must either commence
construction of the facilities or initiate such proceeding with the Commission. In
this proceeding, Qwest shall not object to using the most expeditious procedure
available under state law, rule or regulation. Qwest shall be relieved of its
obligation of constructing such facilities during the pendency of the proceeding
before the Commission. If the Commission approves such charges, Qwest and
CLEC will share costs in proportion to each Party’s use of the overall capacity of
the route involved. Qwest and CLEC may also choose to work in good faith to
identify and locate alternative routes that can be used to accommodate CLEC
forecasted build. Extraordinary circumstances include, but are not limited to,
natural obstructions such as lakes, rivers, or steep terrain, and legal obstructions
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such as governmental, federal, Native American or private rights of way. The
standard Qwest forecast period of six (6) months may not apply under these
circumstances. Construction Charges shall not apply in the event that
construction is an augment of an existing route.
7.2.2.9 Trunking Requirements
7.2.2.9.1 The Parties will provide designed Interconnection facilities that
meet the same technical criteria and service standards, such as probability of
blocking in peak hours and transmission standards, in accordance with current
industry standards, state requirements and standards provided for in the ROC
and incorporated herein by reference.
7.2.2.9.1.1 Qwest shall provide to CLEC monthly reports on all
Interconnection trunk groups and quarterly reports on all interoffice trunk
groups carrying EAS/local traffic between Qwest tandem switches and
Qwest End Office Switches. The reports will contain busy hour traffic
data, including but not limited to, overflow and the number of trunks in
each trunk group.
7.2.2.9.2 Reserved for Future Use.
7.2.2.9.3 Separate trunk groups may be established based on Billing,
signaling, and network requirements. The following is the current list of traffic
types that require separate trunk groups, unless specifically otherwise stated in
this Agreement.
a) Directory Assistance trunks (where the Switch type requires
separation from Operator Services trunks);
b) 911/E911 trunks;
c) Operator Services trunks (where the Switch type requires
separation from Directory Assistance trunks)
d) Mass calling trunks, if applicable.
7.2.2.9.3.1 Exchange Service (EAS/local), Information Services
Access, Exchange Access (IntraLATA toll carried solely by Local
Exchange Carriers) and Jointly Provided Switched Access (InterLATA
and IntraLATA toll involving a third-party IXC) may be combined in a
single LIS trunk group or transmitted on separate LIS trunk groups.
7.2.2.9.3.2 Exchange Service (EAS/Local) traffic shall not be
combined with Switched Access, not including Jointly Provided Switched
Access, on the same trunk group, i.e. EAS/Local may not be combined
with FGD to a Qwest Access Tandem Switch and/or End Office Switch.
7.2.2.9.4 Trunk group connections will be made at a DS1 or multiple DS1
level for exchange of EAS/Local, and IntraLATA Toll/Jointly Provided Switched
Access Traffic. Directory Assistance, 911/E911, operator busy line interrupt and
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verify; and Toll Free Service trunk groups may be made below a DS1 level, as
negotiated.
7.2.2.9.5 The Parties will provide Common Channel Signaling (CCS) to
one another in conjunction with all trunk circuits, except as provided below.
a) The Parties will provision all trunking using SS7/CCS capabilities.
Exceptions to this arrangement would be limited to operator services
trunking, Directory Assistance trunking, 911 trunking and any others
currently available in the Qwest network only on MF signaling. Qwest will
not require a Bona Fide Request to accomplish Interconnection with a
Qwest Central Office Switch not currently equipped for SS7 and where
MF signaling is used. When the SS7/CCS option becomes available in
the Qwest network for said trunking, the Parties will provision new trunks
using SS7. In addition, the Parties will jointly work to convert existing
trunking to SS7, as appropriate.
b) When the Parties interconnect via CCS for Jointly Provided
Switched Access Service, the tandem provider will provide MF/CCS
interworking as required for Interconnection with Interexchange Carriers
who use MF signaling.
7.2.2.9.6 CLEC may interconnect at either the Qwest local Tandem
Switch or the Qwest Access Tandem Switch for the delivery of local exchange
traffic. When CLEC is interconnected at the Access Tandem Switch and where
there would be a DS1's worth of local traffic (512 CCS) between CLEC’s Switch
and those Qwest End Offices subtending a Qwest local Tandem Switch, CLEC
will order a direct trunk group to the Qwest local Tandem Switch.
7.2.2.9.6.1 Qwest will allow Interconnection for the exchange of local
traffic at Qwest’s Access Tandem Switch without requiring
Interconnection at the local Tandem Switch, at least in those
circumstances when traffic volumes do not justify direct connection to the
local Tandem Switch; and regardless of whether capacity at the Access
Tandem Switch is exhausted or forecasted to exhaust.
7.2.2.9.7 To the extent Qwest is using a specific end office to deliver
limited tandem switching functionality to itself, a wireless service provider,
another CLEC, or another ILEC, it will arrange the same trunking for CLEC.
7.2.2.9.8 Alternate Traffic Routing. If CLEC has a LIS arrangement which
provides two (2) paths to a Qwest end office (one (1) route via a tandem and one
(1) direct route), CLEC may elect to utilize alternate traffic routing. CLEC traffic
will be offered first to the direct trunk group (also referred to as the "primary high"
route) and then overflow to the tandem group (also referred to as the "alternate
final" route) for completion to Qwest end offices.
7.2.2.9.9 Host-Remote. When a Qwest Wire Center is served by a
remote End Office Switch, CLEC may deliver traffic to the host Central Office or
to the tandem. CLEC may deliver traffic directly to the remote End Office Switch
only to the extent Qwest has arranged similar trunking for itself or others. For
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remote switches that currently lack direct trunking capability, Qwest will accept
Bona Fide Requests for trunk-side access.
7.2.2.10 Testing
7.2.2.10.1 Acceptance Testing. At the time of installation of a LIS trunk
group, and at no additional charge, acceptance tests will be performed to ensure
that the service is operational and meets the applicable technical parameters.
7.2.2.10.2 Testing Capabilities
7.2.2.10.2.1 LIS Acceptance Testing is provided where
equipment is available, with the following test lines: seven-digit access to
balance (100 type), milliwatt (102 type), nonsynchronous or synchronous,
automatic transmission measuring (105 type), data transmission (107
type), loop-around, short circuit, open circuit, and non-inverting digital
loopback (108 type), and such other acceptance testing that may be
needed to ensure that the service is operational and meets the applicable
technical parameters.
7.2.2.10.2.2 In addition to LIS acceptance testing, other tests are
available (e.g., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing) at the applicable Qwest Tariff rates.
Testing fees will be paid by CLEC when requesting this type of testing.
7.2.2.10.3 Repair Testing. At the time of repair of a LIS trunk group, at no
additional charge, tests will be performed to ensure that the service is operational
and meets the applicable technical parameters.
7.2.2.11 Mileage Measurement. Where required, the mileage measurement for
LIS rate elements is determined in the same manner as the mileage measurement for V
& H methodology as outlined in NECA Tariff No. 4.
7.3 Reciprocal Compensation
7.3.1 Interconnection Facility Options
The Reciprocal Compensation Provisions of this Agreement shall apply to the exchange of
Exchange Service (EAS/Local) traffic between CLEC’s network and Qwest’s network. Where
either Party acts as an IntraLATA Toll provider, each Party shall bill the other the appropriate
charges pursuant to its respective Tariff or Price Lists. Where either Party interconnects and
delivers traffic to the other from third parties, each Party shall bill such third parties the
appropriate charges pursuant to its respective Tariffs, Price Lists or contractual offerings for
such third party terminations. Absent a separately negotiated agreement to the contrary, the
Parties will directly exchange traffic between their respective networks without the use of third
party transit providers.
7.3.1.1 Entrance Facilities
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7.3.1.1.1 Recurring and nonrecurring rates for Entrance Facilities are
specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to
use by LIS.
7.3.1.1.2 If CLEC chooses to use an existing facility purchased as Private
Line Transport Service from the state or FCC Access Tariffs, the rates from those
Tariffs will apply.
7.3.1.1.3 If the Parties elect to establish LIS two-way trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way
facilities shall be shared among the Parties by reducing the LIS two-way EF rate
element charges as follows:
7.3.1.1.3.1 The provider of the LIS two-way Entrance Facility
(EF) will initially share the cost of the LIS two-way EF by assuming an
initial relative use factor of fifty percent (50%) for a minimum of one
quarter. 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 quarter. The initial relative use factor will
continue for both bill reduction and payments until the Parties agree to a
new factor, based upon actual minutes of use data for non-ISP-bound
traffic to substantiate a change in that factor. If either Party demonstrates
with non-ISP-bound traffic data that actual minutes of use during the first
quarter justify a relative use factor other than fifty percent (50%), the
Parties will retroactively true up first quarter charges. Once negotiation of
a new factor is finalized, the bill reductions and payments will apply going
forward, for a minimum of one quarter. Traffic delivered to Enhanced
Service providers is interstate in nature.
7.3.1.2 Collocation
7.3.1.2.1 See Section 8.
7.3.1.2.2 Intentionally Left Blank.
7.3.2 Direct Trunked Transport
7.3.2.1 Either Party may elect to purchase direct trunked transport from the
other Party.
7.3.2.1.1 Direct trunked transport (DTT) is available between the Serving
Wire Center of the POI and the terminating Party’s tandem or End Office
Switches. The applicable rates are described in Exhibit A. DTT facilities are
provided as dedicated DS3, DS1 or DS0 facilities.
7.3.2.1.2 When DTT is provided to a local or access tandem for Exchange
Service (EAS/local traffic), or to an access tandem for Exchange Access
(IntraLATA Toll), or Jointly Provided Switched Access traffic, the applicable DTT
rate elements apply between the Serving Wire Center and the tandem.
Additional rate elements for delivery of traffic to the terminating end office are
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Tandem Switching and Tandem Transmission. These rates are described below.
7.3.2.1.3 Mileage shall be measured for DTT based on V&H coordinates
between the Serving Wire Center and the local/access tandem or end office.
7.3.2.1.4 Fixed Charges per DS0, DS1 or DS3 and per mile charges are
defined for DTT in Exhibit A of this Agreement.
7.3.2.2 If the Parties elect to establish LIS two-way DTT trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way DTT
facilities shall be shared among the Parties by reducing the LIS two-way DTT rate
element charges as follows:
7.3.2.2.1 The provider of the LIS two-way DTT facility will initially share
the cost of the LIS two-way DTT facility by assuming an initial relative use factor
of fifty percent (50%) for a minimum of one quarter. The nominal charge to the
other Party for the use of the DTT facility, 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 quarter. The
initial relative use factor will continue for both bill reduction and payments until
the Parties agree to a new factor, based upon actual minutes of use data for non
ISP-bound traffic to substantiate a change in that factor. If either Party
demonstrates with non ISP-bound traffic data that actual minutes of use during
the first quarter justify a relative use factor other than fifty percent (50%), the
Parties will retroactively true up first quarter charges. Once negotiation of new
factor is finalized, the bill reductions and payments will apply going forward, for a
minimum of one quarter. ISP-bound traffic is interstate in nature.
7.3.2.3 Multiplexing options (DS1/DS3 MUX or DS0/DS1 MUX) are available at
rates described in Exhibit A.
7.3.3 Trunk Nonrecurring charges
7.3.3.1 Installation nonrecurring charges may be assessed by the provider for
each LIS trunk ordered. Qwest rates are specified in Exhibit A.
7.3.3.2 Nonrecurring charges for rearrangement may be assessed by the
provider for each LIS trunk rearrangement ordered, at one-half the rates specified in
Exhibit A.
7.3.4 Exchange Service (EAS/Local) Traffic
7.3.4.1 End Office Switch Call Termination
7.3.4.1.1 The Parties agree that, because this state is a new market for CLEC, end
office call termination compensation for Exchange Service (EAS/Local) traffic shall be
based upon the bill and keep compensation mechanism, whereby neither Party charges
the other Party reciprocal compensation for the termination of EAS/Local traffic
originated by the other Party. Bill and keep shall govern compensation for such traffic
exchanged by the Parties in this state until the earlier of: (1) the expiration of this
agreement, or (2) further action by the Federal Communications Commission, or a court
of competent jurisdiction, vacates, replaces, modifies, or supersedes the applicable rules
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adopted in Order on Remand and Report and Order, CC Docket Nos. 96-98, 99-68, FCC
01-131 (rel. Apr. 27, 2001).
7.3.4.1.2 Reserved for Future Use.
7.3.4.1.3 Reserved for Future Use.
7.3.4.1.4 Neither Party shall be responsible to the other for call termination charges
associated with third party traffic that transits such Party’s network.
7.3.4.2 Tandem Switched Transport
7.3.4.2.1 For traffic delivered through a Qwest or CLEC tandem Switch (as defined
in this Agreement), the Parties agree that, because this state is a new market for CLEC,
tandem switched transport functions for Exchange Service (EAS/Local) non-transit traffic
shall be compensated based upon the bill and keep compensation mechanism. Bill and
keep will apply to both the tandem switching rate and the tandem transmission rate. Bill
and keep shall govern compensation for such traffic exchanged by the Parties in this
state until the earlier of: (1) the expiration of this agreement, or (2) further action by the
Federal Communications Commission, or a court of competent jurisdiction, vacates,
replaces, modifies, or supersedes the applicable rules adopted in Order on Remand and
Report and Order, CC Docket Nos. 96-98, 99-68, FCC 01-131 (rel. Apr. 27, 2001).
7.3.4.2.2 Reserved for Future Use.
7.3.4.2.3 Reserved for Future Use.
7.3.4.2.4 When Qwest receives an unqueried call from CLEC to a number that has
been ported to another CLEC switch within the EAS/Local calling area, and Qwest
performs the query, mileage sensitive tandem transmission rates will apply which reflect
the distance to the end office to which the call has been ported.
7.3.4.2.4.1 To determine the responsible originating Carrier of
unqueried calls for purposes of identification of the Carrier to bill LNP
query charges, Qwest and CLEC are required to utilize the Number
Portability Administration Center (NPAC) database, or another database
that is supported by OBF.
7.3.5 Miscellaneous Charges
7.3.5.1 Cancellation charges will apply to cancelled LIS trunk orders, based
upon the critical dates, terms and conditions in accordance with the Access Service
Tariff Section 5.2.3, and the trunk nonrecurring charges referenced in this Agreement.
7.3.5.2 Expedites for LIS trunk orders are allowed only on an exception basis
with executive approval within the same timeframes as provided for other designed
services. When expedites are approved, expedite charges will apply to LIS trunk orders
based on rates, terms and conditions described in Exhibit A.
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7.3.5.3 Intentionally Left Blank.
7.3.6 ISP-Bound Traffic
7.3.6.1 The Parties agree that ISP-bound traffic is Interstate traffic and governed by the
FCC’s Order on Remand and Report and Order (Intercarrier Compensation for ISP-bound
Traffic) CC Docket 01-131 (FCC ISP Order), effective June 14, 2001. However, the Parties
agree to exchange ISP-bound traffic utilizing the bill and keep compensation mechanism. Bill
and keep will apply to both end office call termination and tandem switched transport of ISP-
bound traffic.
7.3.7 Transit Traffic
The following rates will apply:
7.3.7.1 Exchange Service and Information Service Transit: The applicable LIS
tandem switching and tandem transmission rates at the assumed mileage contained in
Exhibit A of this Agreement, apply to the originating Party. The assumed mileage will be
modified to reflect actual mileage, where the mileage can be measured, based on
negotiations between the Parties.
7.3.7.2 IntraLATA Toll Transit: The applicable Qwest Tariffed Switched Access
tandem switching and tandem transmission rates apply to the originating CLEC or LEC.
The assumed mileage contained in Exhibit A of this Agreement shall apply.
7.3.7.3 Jointly Provided Switched Access: The applicable Switched Access
rates will be billed by the Parties to the IXC based on MECAB guidelines and each
Party’s respective FCC and state access Tariffs.
7.3.8 Signaling Parameters: Qwest and CLEC are required to provide each other the
proper signaling information (e.g., originating call party number and destination call party
number, etc.) to enable each Party to issue bills in a complete and timely fashion. All CCS
signaling parameters will be provided including Calling Party Number (CPN), originating line
information (OLI), calling party category, charge number, etc. All privacy indicators will be
honored. If CLEC fails to provide CPN (valid originating information), and cannot substantiate
technical restrictions (i.e., MF signaling) such traffic will be billed as Switched Access. Traffic
sent to CLEC without CPN (valid originating information) will be handled in the following
manner. The transit provider will be responsible for only its portion of this traffic, which will not
exceed more than five percent (5%) of the total Exchange Service (EAS/Local) and Exchange
Access (IntraLATA Toll) traffic delivered to the other Party. Qwest will provide to CLEC, upon
request, information to demonstrate that Qwest’s portion of no-CPN traffic does not exceed five
percent (5%) of the total traffic delivered.
7.3.9 To the extent a Party combines Exchange Service (EAS/Local), Exchange Access
(IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly Provided Switched
Access (InterLATA and IntraLATA calls exchanged with a third-party IXC) traffic on a single LIS
trunk group, the originating Party, at the terminating party’s request will declare quarterly
PLU(s). Such PLU’s will be verifiable with either call summary records utilizing Calling Party
Number information for jurisdictionalization or call detail samples. The terminating Party should
apportion per minute of use (MOU) charges appropriately.
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7.4 Ordering
7.4.1 When ordering LIS, the ordering Party shall specify requirements on the Access
Service Request (ASR): 1) the type and number of Interconnection facilities to terminate at the
Point of Interconnection in the Serving Wire Center; 2) the type of interoffice transport, (i.e.,
Direct Trunked Transport or Tandem Switched Transport); 3) the number of Ports to be
provisioned at an end office or local tandem; and 4) any optional features. When the ordering
Party requests facilities, routing, or optional features different than those determined to be
available, the Parties will work cooperatively in determining an acceptable configuration, based
on available facilities, equipment and routing plans.
7.4.2 For each NXX code assigned to CLEC by the NANPA, CLEC will provide Qwest
with the CLLI codes of the Qwest tandems and the CLEC Point of Interface to which traffic
associated with the NXX will be routed. For NXX codes assigned to existing LIS trunk groups,
CLEC will also provide Qwest with the Qwest assigned Two-Six Code (TGSN) to which each
NXX will be routed. Information that is not currently available in the LERG may be provided via
the Routing Supplemental Form-Wireline available on the Qwest web site:
http://www.qwest.com/wholesale/notices/npa_nxxProcess.html.
Either Party shall respond to a special request for a Supplemental Form when a single Switch is
served by multiple trunk groups.
7.4.3 When either Party has ordered a DS3 Entrance Facility or private line facility, that
Party will order the appropriate DS1 facility required and identify the channels of the DS3 to be
used to provide circuit facility assignments (CFA). Also, if either Party has provided or ordered
a DS1 Entrance Facility or private line facility, that Party will be responsible for identification of
the DSO channels of the DS1 private line to be used to provide CFA.
7.4.4 A joint planning meeting will precede initial trunking orders. These meetings will
result in agreement and commitment that both parties can implement the proposed plan and the
transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties will provide
their best estimate of the traffic distribution to each end office subtending the tandem.
7.4.5 Intentionally Left Blank.
7.4.6 Service intervals and due dates for initial establishment of trunking arrangements
at each new Switch location of Interconnection between the Parties will be determined on an
Individual Case Basis.
7.4.7 Qwest will establish intervals for the provision of LIS trunks that conform to the
performance objectives set forth in Section 20. Qwest will provide notice to CLEC of any
changes to the LIS trunk intervals consistent with the Change Management Process applicable
to the PCAT. Operational processes within Qwest work centers are discussed as part of the
Change Management Process (CMP). Qwest agrees that CLEC shall not be held to the
requirements of the PCAT.
7.4.8 The ordering Party may cancel an order at any time prior to notification that
service is available. If the ordering Party is unable to accept service within thirty (30) calendar
days after the service date, the provider has the following options:
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a) The order will be canceled; cancellation charges as noted in 7.3.5.1 apply
unless mutually agreed to by the Parties;
b) Reserved for Future Use.
c) Billing for the service will commence.
In such instances, the cancellation date or the date billing is to commence, depending on which
option is selected, will be the 31st calendar day beyond the service date.
7.5 Jointly Provided Switched Access Services
7.5.1 Jointly Provided Switched Access Service is defined and governed by the FCC
and State Access Tariffs, Multiple Exchange Carrier Access Billing (MECAB) and Multiple
Exchange Carrier Ordering and Design (MECOD) Guidelines, and is not modified by any
provisions of this Agreement. Both Parties agree to comply with such guidelines.
7.5.2 Qwest will agree to function as the Access Service Coordinator (ASC) as defined
in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD)(Technical
Reference SR-TAP-000984). Qwest will provide the operational, technical and administrative
support required in the planning, Provisioning and maintenance involved in the joint access
Provisioning process to the IXCs. Qwest will be unable to fulfill the role of ASC if CLEC does
not fully comply with MECOD requirements, including filing the CLEC end offices and billed
percentages (BPs) in the NECA 4 Tariff.
7.5.3 Qwest and CLEC will each render a separate bill to the IXC, using the multiple bill,
multiple tariff option.
7.5.4 A charge will apply for Category 11-01-XX and 11-50-XX records sent in an EMR
mechanized format. These records are used to provide information necessary for each Party to
bill the Interexchange Carrier for Jointly Provided Switched Access Services and 8XX database
queries. The charge is for each record created and transmitted and is listed in Exhibit A of this
Agreement.
7.6 Transit Records
7.6.1 Qwest and CLEC will exchange wireline network usage data originated by a
wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch, transits
Qwest’s network, and terminates to CLEC’s network. Each Party agrees to provide to the other
this wireline network usage data when Qwest or CLEC acts as a transit provider currently or in
the future. The Parties understand that this information is carrier protected information under
§222 of the Communications Act and shall be used solely for the purposes of billing the wireline
LEC. CLEC will provide to Qwest information to be able to provide transit records on a
mechanized basis when technically feasible. This includes, but is not limited to: service center
information, Operating Company Number, and state jurisdiction. Qwest and CLEC agree to
exchange wireline network usage data as Category 11-01-XX.
7.6.2 Qwest and CLEC will exchange wireless network usage data originated by a
Wireless Service Provider (WSP) where the NXX resides in a WSP Switch, transits Qwest’s
network, and terminates to the CLEC’s network. Each Party agrees to provide to the other this
wireless network usage data when Qwest or CLEC acts as a transit provider currently or in the
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future. The Parties understand that this information is carrier protected information under §222
of the Communications Act and shall be used solely for the purposes of billing the WSP. The
CLEC will provide to Qwest information to be able to provide transit records on a mechanized
basis when technically feasible. This includes, but is not limited to: service center information,
Operating Company Number and state jurisdiction. Qwest and CLEC agree to exchange
wireless network usage data as Category 11-50-XX.
7.6.3 A charge will apply for Category 11-01-XX and 11-50-XX records sent in an EMR
mechanized format. These records are used to provide information necessary for each Party to
bill the Originating Carrier for transit when technically feasible. The charge is for each record
created and transmitted and is listed in Exhibit A of this Agreement.
7.7 Local Interconnection Data Exchange for Billing
7.7.1 There are certain types of calls or types of Interconnection that require exchange
of billing records between the Parties, including, for example, alternate billed and Toll Free
Service calls. The Parties agree that all call types must be routed between the networks,
accounted for, and settled among the Parties. Certain calls will be handled via the Parties’
respective operator service platforms. The Parties agree to utilize, where possible and
appropriate, existing accounting and settlement systems to bill, exchange records and settle
revenue.
7.7.2 The exchange of billing records for alternate billed calls (e.g., calling card, bill-to-
third-number and collect) will be distributed through the existing CMDS processes, unless
otherwise separately agreed to by the Parties.
7.7.3 Inter-Company Settlements (ICS) revenues will be settled through the Calling
Card and Third Number Settlement System (CATS). Each Party will provide for its own
arrangements for participation in the CATS processes, through direct participation or a hosting
arrangement with a direct participant.
7.7.4 Non-ICS revenue is defined as IntraLATA collect calls, calling card calls, and
billed to third number calls which originate on one service provider’s network and are billed by
another service provider located within the same Qwest geographic specific region. The Parties
agree to negotiate and execute an agreement for settlement of non-ICS revenue. This separate
arrangement is necessary since existing CATS processes do not permit the use of CATS for
non-ICS revenue. The Parties agree that current message distribution processes, including the
CMDS system or Qwest in-region facilities, can be used to transport the call records for this
traffic.
7.7.5 Both Parties will provide the appropriate call records to the IntraLATA Toll Free
Service provider, thus permitting the service provider to bill its End Users for the inbound Toll
Free Service. No adjustments to bills via tapes, disks or NDM will be made without the mutual
agreement of the Parties.
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Section 8.0 - COLLOCATION
8.1 Description
8.1.1 Collocation allows for the placing of equipment by CLEC at Qwest’s Premises,
where Technically Feasible, that is necessary for accessing Unbundled Network Elements
(UNEs), ancillary services or Interconnection. Collocation includes the leasing to CLEC of
physical space in Qwest Premises, as well as the resources necessary for the operation and
economical use of collocated equipment, such as the use by CLEC of power; heating,
ventilation and air conditioning (HVAC); and cabling in Qwest’s Premises. Collocation also
allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of accessing
and combining Unbundled Network Elements and accessing ancillary services. There are
currently eight (8) standard types of Collocation available pursuant to this Agreement – Virtual,
Caged Physical, Shared Caged Physical, Cageless Physical, Interconnection Distribution
Frame, Adjacent Collocation, Common Area Splitter Collocation, and Remote Collocation.
Other types of Collocation may be requested through the BFR process. In addition, where
Qwest may offer a new form of Collocation, CLEC may order that form as soon as it becomes
available and under the terms and conditions pursuant to which Qwest offers it. The terms and
conditions of any such offering by Qwest shall conform as nearly as circumstances allow to the
terms and conditions of this Agreement. Nothing in this Agreement shall be construed as
limiting the ability to retroactively apply any changes to such terms and conditions as may be
negotiated by the Parties or ordered by the state Commission or any other competent authority.
8.1.1.1 Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to
purchase and deliver to Qwest CLEC’s own equipment for Qwest to install, repair, and
maintain in Qwest’s Premises. CLEC does not have physical access to its virtually
collocated equipment in the Qwest Premises.
8.1.1.2 Caged Physical Collocation -- allows CLEC to lease caged floor space
for placement of its equipment within Qwest’s Premises for the purpose of
interconnecting with Qwest Finished Services or accessing unbundled elements. CLEC
is responsible for the procurement, installation and on-going maintenance of its
equipment as well as the Cross Connections required within the cage.
8.1.1.3 Cageless Physical Collocation -- is a non-caged area within a Qwest
Premises. In Wire Centers, space will be made available in single frame bay
increments. In Wire Centers, the current minimum square footage is nine (9) square feet
per bay, however, if smaller bays are or become available, Qwest will reduce the
minimum square footage accordingly. Space will be provided utilizing industry standard
equipment bay configurations in which CLEC can place and maintain its own equipment.
CLEC is responsible for the procurement, installation and on-going maintenance of its
equipment as well as the Cross Connections required within CLEC’s leased Collocation
space
8.1.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to
share or sublease a single Collocation enclosure. Under Shared Physical Collocation,
one CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant to
this Agreement or an approved Interconnection agreement, and another CLEC, pursuant
to the terms of its Agreement or approved Interconnection agreement, may share use of
that space, in accordance to terms and conditions of a sublease agreement between the
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two (2) CLECs. Shared Collocation may also be established through joint Application by
CLECs in which Qwest will have a separate Billing relationship with each applicant and
will look to each collocating CLEC for payment of its proportionate share of the charges
relating to the Collocation space. Qwest will prorate the charge for site conditioning and
preparation undertaken by Qwest to construct the shared Collocation cage or condition
the space for Collocation use, regardless of how many Carriers actually collocate in that
cage, by determining the total charge for site preparation and allocating that charge to a
collocating CLEC (and billed directly to each such CLEC) based on the percentage of
the total space utilized by that CLEC as per the Collocation Application. Qwest shall not
place unreasonable restrictions on CLEC's use of a Collocation cage, such as limiting
CLEC's ability to contract with other CLECs to share CLEC’s Collocation cage in a
sublease-type arrangement. In addition, if two (2) or more CLECs who have
Interconnection agreements with Qwest utilize a Shared Collocation arrangement,
Qwest shall permit each CLEC to order UNEs to and provision service from that shared
Collocation space, regardless of which CLEC was the original collocator, directly from
Qwest. Qwest shall make Shared Collocation space available in single-bay increments
or their equivalent.
8.1.1.5 Interconnection Distribution Frame (ICDF) Collocation -- is offered for the
purpose of facilitating CLEC’s combining of Unbundled Network Elements and ancillary
services. Under ICDF Collocation, a CLEC need not collocate equipment in the Qwest
Wire Center. With ICDF Collocation, CLEC will have access to the Qwest Wire Center
and an ICDF to combine UNEs and ancillary services. The ICDF connects through tie
cables to various points within the Wire Center (e.g., MDF, COSMIC or DSX, etc.)
providing CLEC with access to UNEs and ancillary services.
8.1.1.5.1 The ICDF is a distribution frame shared by multiple providers. If
CLEC desires a dedicated distribution frame for the purpose of facilitating
CLEC’s combination of UNEs and ancillary services, CLEC may do so through
the placement of a CLEC-owned Cross Connection device collocated in the
Qwest Wire Center through either Caged or Cageless Physical Collocation.
8.1.1.6 Adjacent Collocation – is available in those instances where space is
legitimately exhausted in a particular Qwest Premises to accommodate Physical
Collocation. Qwest shall make space available in adjacent controlled environmental
vaults, controlled environmental huts, or similar structures to the extent Technically
Feasible. Qwest shall permit CLEC to construct or otherwise procure such an adjacent
structure on property owned, leased or otherwise controlled by Qwest, subject only to
applicable OSHA, EPA, federal, state, and local safety and maintenance requirements.
Such adjacent structure shall be in accordance with Qwest’s design and space planning
for the site. CLEC may propose the design for the adjacent structure, subject to Qwest’s
approval, which approval may not be unreasonably withheld or delayed. Qwest must
provide power and physical Collocation services and facilities, subject to the same
nondiscrimination requirements as applicable to any other physical Collocation
arrangement. Qwest must permit CLEC to place its own equipment, including, but not
limited to, copper cables, coaxial cables, fiber cables, and Telecommunications
Equipment, in adjacent facilities constructed by Qwest, by CLEC itself, or a third party.
8.1.1.7 Common Area Splitter Collocation – See Section 9.4 for a description.
8.1.1.8 Remote Collocation – allows CLEC to collocate equipment in or adjacent
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to a Qwest Remote Premises. The terms for Remote Collocation are set forth more fully
in Section 8.2.7 and 8.4.6.
8.1.1.8.1 With respect to Cross Connections for access to Subloop
elements in multi-tenant environments (MTE) and field connection points (FCP),
the provisions concerning Subloop access and intervals are contained in Section
9.3. This type of access and Cross Connection is not Collocation.
8.2 Terms and Conditions
8.2.1 Terms and Conditions - All Collocation
8.2.1.1 Qwest shall provide Collocation on rates, terms and conditions that are just,
reasonable and nondiscriminatory. In addition, Qwest shall provide Collocation in accordance
with all applicable federal and state laws.
8.2.1.2 Collocation of Switching Equipment. CLEC may collocate any
equipment that is necessary for Interconnection or access to Unbundled Network
Elements.
8.2.1.2.1 Digital Subscriber Line Access Multiplexers (DSLAMS) always
meet this legal standard.
8.2.1.2.2 Asynchronous Transfer Mode (ATM) or Packet Switching also
meets this legal standard when used for Interconnection or access to Unbundled
Network Elements for purposes of providing Advanced Services such as xDSL.
Equipment used predominantly to support DSLAMs and ATMs, such as routers
and concentrators, as well as testing and network management equipment also
meet this legal standard. Before any equipment that includes switching
functionality is installed, CLEC must provide a written inventory to Qwest of all
switching equipment and how it will be used for Interconnection or access to
Unbundled Network Elements. Once CLEC establishes that it will use a certain
type of equipment for Interconnection or access to Unbundled Network Elements,
Qwest will allow future Collocations of similar equipment without requesting a
written justification unless and until Qwest can establish to the state Commission
that such equipment is not intended for Interconnection or access to Unbundled
Network Elements. However, Qwest will complete the Collocation within the
appropriate interval unless granted relief by the Commission.
8.2.1.2.3 Remote Switching Units (RSUs) also meet this legal standard
when used for Interconnection or access to Unbundled Network Elements for
purposes of providing Local Exchange Service.
8.2.1.2.4 Except as provided for in Sections 8.2.1.2.1 through 8.2.1.2.3
above, CLEC may not collocate equipment that is not necessary for
Interconnection or access to Unbundled Network Elements.
8.2.1.3 CLEC must identify what transmission and Cross Connection equipment
will be installed and the vendor technical specifications of such equipment so that Qwest
may verify the appropriate power, floor loading, heat release, environmental particulate
level, HVAC, and tie cables to CLEC-provided Cross Connection device.
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8.2.1.4 Demarcation points for Unbundled Network Elements (UNEs) and
ancillary services. The Demarcation Point for Unbundled Network Elements and
ancillary services is that physical point where Qwest shall terminate its Unbundled
Network Elements and ancillary services for access by CLEC. There are two (2)
standard Demarcation Points where Unbundled Network Elements and ancillary services
may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation
Points for its access to UNEs and ancillary services. One available Demarcation Point is
at CLEC-provided Cross Connection equipment in CLEC’s Physical or Virtual
Collocation space. Alternatively, the Demarcation Point can be at an Interconnection
Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC
and Qwest. To the extent CLEC selects a Demarcation Point outside of its collocated
space, CLEC shall provide and Qwest shall install the tie cables from CLEC’s collocated
equipment to the Demarcation Point. Alternatively, Qwest shall provide and install these
tie cables, at CLEC’s expense.
8.2.1.5 Qwest will provide a connection between Unbundled Network Elements
and ancillary services and a Demarcation Point. Such connection is an Interconnection
Tie Pair (ITP). The Demarcation Point shall be:
a) at CLEC-provided Cross Connection equipment located in CLEC’s
Virtual or Physical Collocation space; or
b) if CLEC elects to use ICDF Collocation, at the Interconnection
Distribution Frame (ICDF); or
c) if CLEC elects to use an ICDF in association with Virtual or
Physical Collocation, at the ICDF;
d) at a direct connection point of termination as described in Section
8.3.1.11.2; or
e) at another Demarcation Point mutually-agreed to by the Parties.
8.2.1.6 CLEC may purchase Qwest’s finished Private Line or Switched Access
Services via applicable Tariff terms and conditions. These services will be terminated at
the Demarcation Point.
8.2.1.7 For Caged and Cageless Physical Collocation and Virtual Collocation,
CLEC must lease space for the placement of CLEC’s equipment within Qwest’s
Premises. Qwest will provide the structure that is necessary in support of Collocation
including physical space, a Cage (for Caged Physical Collocation) required cabling
between equipment and other associated hardware.
8.2.1.8 All equipment shall meet and be installed in accordance with Network
Equipment Building System (NEBS) Level 1 safety standards. Qwest shall provide
standard Premises alarming pursuant to Qwest Technical Publication 77385. Qwest
shall not impose safety or engineering requirements on CLEC that are more stringent
than the safety or engineering requirements Qwest imposes on its own equipment
located on its Premises.
8.2.1.9 Space Availability Report -- Upon request by CLEC, Qwest will submit to
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a requesting CLEC within ten (10) calendar days of CLEC’s request, a report for each
requested Premises, that includes:
a) available Collocation space in a particular Qwest Premises;
b) number of collocators;
c) any modifications in the use of the space since the last report;
d) measures that Qwest is taking to make additional space available for
Collocation;
e) whether sufficient power is available to meet the specific CLEC request;
f) number of CLECs in queue at the Premises , if any;
g) whether the Wire Center is equipped with DS3 capability; and
h) the number and description of Qwest and its Affiliates and CLEC
reservations of space.
8.2.1.9.1 A Space Availability Report Charge in Exhibit A will apply to
each Space Availability Report requested by CLEC and shall apply on per
Premises basis. Rates and justification for the charge deferred to Cost Docket.
8.2.1.9.2 Inventory Report – Remote Premises. The locations of the
Remote Premises (e.g., Feeder Distribution Interfaces, "FDI") and the Customer
addresses served by each Remote Premises are available to CLECs through the
Raw Loop Data Tool. Remote Premises with Digital Loop Carrier and Pair Gain
equipment will be provided on the web site in the ICONN database. (ICONN is
available through the Qwest web site located at http://www.qwest.com/iconn.) If
CLEC is unable to determine the information it seeks regarding Remote
Premises after using such database tools, Qwest will provide CLEC with a report
that contains the information. The Parties agree that a charge may apply to such
report, based on time and material, unless the database information is inaccurate
or unusable for the Remote Premises then no charge would apply. Qwest will
provide CLEC access to relevant plats, maps, engineering records and other
data in accordance with Section 10.8.2.4. In addition, CLEC can request a copy
of Qwest’s distribution area map associated with the Remote Premises, with a
charge for time and material.
8.2.1.10 Collocation is offered on a first-come, first-served basis. Requests for
Collocation may be denied due to the legitimate lack of sufficient space in a Qwest
Premises for placement of CLEC’s equipment. If Qwest determines that the amount of
space requested by CLEC for Caged Physical Collocation is not available, but a lesser
amount of space is available, that lesser amount of space will be offered to CLEC for
Caged Physical Collocation. Alternatively, CLEC will be offered Cageless Physical
Collocation (single frame bay increments), or Virtual Collocation as an alternative to
Caged Physical Collocation. In the event the original Collocation request is not available
due to lack of sufficient space, and CLEC did not specify an alternative form of
Collocation on the original order form, CLEC will be required to submit a new order for
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CLEC’s preferred alternative Collocation arrangement. If CLEC identifies alternate
choices for Collocation on its original Collocation request, Qwest will determine the
feasibility of the next preferred option in the event CLEC’s first choice is not available.
To the extent possible, Qwest shall make contiguous space available to CLEC when it
seeks to expand its existing Collocation space. Where adjoining space is not available,
Qwest will engineer a route for CLEC to provide facilities between the non-adjoining
CLEC Collocation spaces as part of the Collocation order. When planning renovations
of existing facilities or constructing or leasing new facilities, Qwest shall take into
account projected demand for Collocation of equipment.
8.2.1.10.1 Space Denial Queue – Qwest will maintain a list of denied
Collocation requests, in order of the date of receipt (Space Denial Queue), for
each Premises where Qwest has exhausted Collocation space. A separate
queue will be maintained for each Premises. When space becomes available in
a Premises in which a queue has developed, Qwest will inform CLECs in the
queue that space for Collocation has become available. If there is insufficient
space to accommodate all of the CLECs in queue, Qwest shall notify CLECs of
the availability of space in accordance with the CLEC’s position in the queue.
CLEC must respond within ten (10) calendar days of receipt of notification from
Qwest with a new Collocation Application. If CLEC does not provide a
Collocation Application within ten (10) calendar days of receipt of notification, or if
CLEC responds that it no longer requires the Collocation space, CLEC shall be
removed from the queue and the available space shall be offered to the next
CLEC in the queue. If the space made available to a CLEC in the queue is not
sufficient to meet such CLEC’s needs, such CLEC may deny the space that
becomes available and keep its position in the queue.
8.2.1.11 If Qwest denies a request for Collocation in a Qwest Premises due to
space limitations, Qwest shall allow CLEC representatives to tour the entire Premises
escorted by Qwest personnel within ten (10) calendar days of CLEC’s receipt of the
denial of space, or a mutually agreed upon date. Qwest will review the detailed floor
plans for the Premises with CLEC during the tour, including Qwest reserved or optioned
space. Such tour shall be without charge to CLEC. If, after the tour of the Premises,
Qwest and CLEC disagree about whether space limitations at the Premises make
Collocation impractical, Qwest and CLEC may present their arguments to the
Commission. In addition, if after the fact it is determined that Qwest has incorrectly
identified the space limitations, Qwest will honor the original Collocation Application date
for determining RFS unless both parties agree to a revised date.
8.2.1.12 Qwest shall submit to the Commission, subject to any protective order as
the Commission may deem necessary, detailed floor plans or diagrams of any Premises
where Qwest claims that Physical Collocation is not practical because of space
limitations. See 8.2.1.9.
8.2.1.13 Qwest will maintain a publicly available document, posted for viewing on
the Internet, (www.qwest.com/wholesale/notification/collo/spaceavail.html) indicating all
Premises that are full, and will update this document within ten (10) calendar days of the
date at which a Premises runs out of physical space and will update the document within
ten (10) calendar days of the date that space becomes available. In addition, the
publicly available document shall include, based on information Qwest develops through
the Space Availability Report process, the Reservation Process, or the Feasibility Study
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Process:
a) Number of CLECs in queue at the Premises, if any;
b) Premises that have not been equipped with DS3 capability;
c) Estimated date for completion of power equipment additions that will lift
the restriction of Collocation at the Premises; and
d) Address of the Remote Premises that have been inventoried for Remote
Collocation, and if the Remote Premises cannot accommodate Collocation.
Notwithstanding the foregoing, the Qwest web site will list and update within the ten (10)
day period, all Wire Centers that are full, whether or not there has been a CLEC
requested Space Availability Report.
8.2.1.14 Reclamation and Reconditioning of Space
8.2.1.14.1 Reclamation of Space -- Reclamation of space is performed by
Qwest removing unused, obsolete Qwest equipment to make space for
equipment use. The cost of removal of the obsolete unused equipment shall be
borne by Qwest.
8.2.1.14.1.1 If CLEC issues a forecast or reservation for
Collocation, Qwest shall use its best judgement to determine whether it
would be appropriate to reclaim space and or equipment to meet
expected Collocation requirements.
8.2.1.14.1.2 If CLEC issues a Collocation Application and
unused, obsolete equipment must be removed to provide the requested
Collocation, Qwest will affirmatively remove such unused, obsolete
equipment as necessary to fulfill the Collocation request within the
applicable interval set forth in section 8.4.
8.2.1.14.2 Reconditioning of Space -- Reconditioning of space is the
remodeling of space for equipment use, such as, but not limited to, adding
HVAC. The Collocation feasibility study will identify whether reconditioning of
space is available and necessary to meet CLEC needs for Collocation. If
requested by CLEC, Qwest will assess the cost of such reconditioning, provide a
quote to CLEC for the costs, and upon Acceptance of quote by CLEC, perform
the necessary work to recondition the space. For reconditioned space, CLEC is
responsible for prorated charges based on the amount of space requested.
8.2.1.15 Cancellation of Collocation Request. CLEC may cancel a Collocation
request prior to the completion of the request by Qwest by submitting a written request
by certified mail to the Qwest account manager. CLEC shall be responsible for payment
of all costs incurred by Qwest up to the point when the cancellation is received.
8.2.1.16 Qwest may retain a limited amount of floor space for its own specific
future uses, provided, however, that neither Qwest nor any of its Affiliates may reserve
space for future use on terms more favorable than those that apply to CLEC’s
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reservation of Collocation space for CLEC’s own future use. Qwest shall relinquish any
space held for future use before denying a request for Virtual Collocation on the grounds
of space limitations, unless Qwest proves to the Commission that Virtual Collocation at
that point is not Technically Feasible.
8.2.1.17 In addition to the requirements of Section 8.2.1.8, all Collocation
installation and structures shall meet applicable earthquake safety rating requirements
comparable to and to the same extent that Qwest installations and structures meet
earthquake rating requirements as contained in the Network Equipment Building System
(NEBS) - BR GR-63-CORE document. A list of Qwest Premises and the applicable
related earthquake ratings is available for review on the Qwest website at:
http://www.qwest.com/wholesale/pcat/collocation.html.
8.2.1.18 Qwest will review the security requirements, issue keys, ID cards and
explain the access control processes to CLEC. The access control process includes but
is not limited to the requirement that all CLEC approved personnel are subject to
trespass violations if they are found outside of designated and approved areas or if they
provide access to unauthorized individuals. Likewise, Qwest personnel are subject to
trespass violations if they are found to be wrongfully inside CLEC physical caged
collocated areas or if they wrongfully provide access to unauthorized individuals.
8.2.1.18.1 Qwest will take all reasonable measures to insure that CLEC
equipment collocated in Qwest Premises is afforded physical security at Parity
with Qwest’s similarly situated equipment. Should an event occur within a Qwest
Premises that suggests vandalism or other tampering with CLEC’s equipment,
Qwest will, at CLEC’s request, vigorously and thoroughly investigate the
situation. CLEC shall cooperate in the investigation as requested by Qwest.
Qwest will keep CLEC apprised of the progress of any investigation, and report
any conclusions in a timely manner.
8.2.1.19 Qwest shall provide access to CLEC’s collocated equipment and existing
eyewash stations, bathrooms, and drinking water within the Premises on a twenty-four
(24) hours per day, seven (7) days per week basis for CLEC personnel and its
designated agents. Such access shall be permitted without requiring either a security
escort of any kind or delaying a CLEC’s employees entry into Qwest Premises. Qwest
shall provide CLEC with access to other basic facilities, including parking, where
available on a first-come, first-served basis.
8.2.1.20 CLEC shall be restricted to corridors, stairways, and elevators that
provide direct access to CLEC’s space, or to the nearest restroom facility from CLEC’s
designated space, and such direct access will be outlined during CLEC’s orientation
meeting. Access shall not be permitted to any other portion of the building.
8.2.1.21 Nothing herein shall be construed to limit CLEC’s ability to obtain more
than one form of Collocation (i.e., Virtual, Caged, Shared and Cageless Physical
Collocation or ICDF Collocation) in a single Premises, provided space is available.
8.2.1.22 Termination of Collocation Arrangement. CLEC may terminate a
completed Collocation arrangement by submitting a written request via certified mail to
the Qwest account manager. Qwest shall provide CLEC a quotation for the costs of
removing CLEC’s collocated equipment and associated cabling and structure, which will
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be paid by CLEC within thirty (30) days of the removal of the equipment by Qwest.
CLEC will not be charged for the removal of equipment or cabling that is owned and
removed by CLEC in their Physical Collocation space.
8.2.1.23 Qwest shall design and engineer the most efficient route and cable
racking for the connection between CLEC’s equipment in its collocated spaces to the
collocated equipment of another CLEC located in the same Qwest Premises; or to
CLEC’s own non-contiguous Collocation space. The most efficient route generally will
be over existing cable racking, to the extent Technically Feasible, but to determine the
most efficient route and cable racking, Qwest shall consider all information provided by
CLEC in the Application form, including but not limited to, distance limitations of the
facilities CLEC intends to use for the connection. If the length of the most efficient route
exceeds any such distance limitations, Qwest will notify CLEC of available options.
When CLEC notifies Qwest of CLECs preferred option, Qwest will proceed with the route
design and quote preparation. If CLEC elects to have Qwest provide the channel
regeneration, the quote will include the applicable charges. CLEC shall have access to
the designated route and construct such connection, using copper, coax, optical fiber
facilities, or any other Technically Feasible method utilizing a vendor of CLEC’s own
choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically
Feasible connecting facilities outside of the actual physical Collocation space, subject
only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest.
CLEC may perform such Interconnections at the ICDF, if desired. CLEC may
interconnect its network as described herein to any other collocating Carrier, to any
collocated Affiliate of CLEC, to any End User’s Premises, and may interconnect CLEC’s
own collocated space and/or equipment (e.g., CLEC’s Physical Collocation and CLEC’s
Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be
ordered either as part of an Application for Collocation under Section 8.4, or separately
from a Collocation Application in accordance with Section 8.4.7. CLEC-to-CLEC Cross
Connections at an ICDF are available, as follows:
8.2.1.23.1 CLEC-to-CLEC Cross Connections at the ICDF.
8.2.1.23.1.1 CLEC-to-CLEC Cross Connection (COCC-X) is
defined as CLEC’s capability to order a Cross Connection from it’s
Collocation in a Qwest Premises to its non-adjacent Collocation space or
to another CLEC’s Collocation within the same Qwest Premises at the
ICDF.
8.2.1.23.1.2 Qwest will provide the capability to combine these
separate Collocations through an Interconnection Distribution Frame
(ICDF). This is accomplished by the use of CLECs’ Connecting Facility
Assignment (CFA) terminations residing at an ICDF. Also, ICDF Cross
Connections must terminate on the same ICDF at the same service rate
level.
8.2.1.23.1.3 If CLEC has its own Dedicated ICDF, the CLEC is
responsible for ordering tie cables to the common ICDF frame/bay where
the other CLEC resides. These tie cables would be ordered through the
existing Collocation Application form.
8.2.1.23.1.4 CLEC is responsible for the end-to-end service
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design that uses ICDF Cross Connection to ensure that the resulting
service meets its Customer’s needs. This is accomplished by CLEC
using the Design Layout Record (DLR) for the service connection.
Depending on the distance parameters of the combination, regeneration
may be required.
8.2.1.23.1.5 If two CLECs are involved, one CLEC acts as the
"ordering" CLEC. The ordering CLEC identifies both connection CFA’s on
the ASR. CLEC requests service order activity by using the standard
ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and Billing Forum). Refer to the DMP (Document Management
Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms
including definitions of the fields. CLEC is responsible for obtaining these
forms. Qwest must not reproduce copies for its Customers, as this is a
copyright violation. The standard industry forms for CLEC-to-CLEC
Cross Connections (COCC-X) are: Access Service Request (ASR),
Special Access (SPE) and Additional Circuit Information (ACI).
8.2.1.24 Qwest will provide CLEC the same connection to the network as Qwest
uses for provision of services to Qwest End Users. The direct connection to Qwest’s
network is provided to CLEC through direct use of Qwest’s existing Cross Connection
network. CLEC and Qwest will share the same distributing frames for similar types and
speeds of equipment, where Technically Feasible and space permitting.
8.2.1.25 CLEC terminations will be placed on the appropriate Qwest Cross
Connection frames using standard engineering principles. CLEC terminations will share
frame space with Qwest terminations on Qwest frames without a requirement for an
intermediate device.
8.2.1.26 If CLEC disagrees with the selection of the Qwest Cross Connection
frame, CLEC may request a tour of the Qwest Premises to determine if Cross
Connection frame alternatives exist, and may request use of an alternative frame or an
alternative arrangement, such as direct connections from CLEC’s Collocation space to
the MDF or COSMIC frame.
8.2.1.27 Conversions of the various Collocation arrangements (e.g., Virtual to
Physical) will be considered on an Individual Case Basis. However, conversions from
Virtual Collocation to Cageless Physical Collocation, where the conversion only involves
an administrative and Billing change, and the virtually collocated equipment is located in
a space where Cageless Physical Collocation is available, shall be completed in thirty
(30) calendar days. CLEC must pay all associated conversion charges.
8.2.1.28 Qwest shall permit CLEC to construct or subcontract the construction
and build-out of Physical Collocation arrangements with contractors approved by Qwest.
Such CLEC construction of Physical Collocation arrangements are for within CLEC’s
physical space including the cage, if appropriate, frames, and cable racking, and also
outside CLEC’s physical space, CLEC may install the tie cables, blocks, and
terminations on the ICDF or for CLEC-to-CLEC connections. Qwest approval of CLEC
contractors involves security access arrangements and shall not be unreasonably
withheld. CLEC is not required to use Qwest or Qwest contracted personnel for the
engineering and installation of CLEC’s collocated equipment. Approval by Qwest of
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CLEC’s employees, vendors or subcontractors shall be based on the same criteria that
Qwest uses in approving contractors for its own purposes.
8.2.1.29 Qwest will provide CLEC with written notification at least five (5)
business days before any scheduled non-emergency AC or DC power work in the
collocated facility that may cause a power disruption to CLEC equipment located in the
Qwest facility. This does not include notification of routine power testing or power
installation work not expected to cause a power disruption. Qwest will use diligent
efforts to notify CLEC by the Abnormal Condition Report (ACR) of: (a) general power
outages as soon as Qwest becomes aware that an outage is to take place or has
occurred and (b) any emergency power disruption that would impact CLEC equipment
no later than thirty (30) minutes after such activity commences. Finally, Qwest shall
immediately notify CLEC by ACR if an alarm condition exists with respect to the
monitoring of power that poses a material risk to the continued operation of CLEC
equipment.
8.2.2 Terms and Conditions - Virtual Collocation
8.2.2.1 Qwest is responsible for installing, maintaining, and repairing virtually
collocated equipment for the purpose of Interconnection or to access UNEs, ancillary
and Finished Services. When providing Virtual Collocation, Qwest shall install, maintain,
and repair collocated equipment within the same time periods and with failure rates that
are no greater than those that apply to the performance of similar functions for
comparable equipment of Qwest.
8.2.2.2 CLEC will not have physical access to the virtually collocated equipment
in the Qwest Premises. However, CLEC will have physical access to the Demarcation
Point in the Qwest Premises.
8.2.2.3 CLEC will be responsible for obtaining and providing to Qwest
administrative codes (e.g., common language codes) for all equipment provided by
CLEC and installed in Qwest Premises.
8.2.2.4 CLEC shall ensure that upon receipt of CLEC’s virtually collocated
equipment by Qwest, all warranties and access to ongoing technical support are passed
through to Qwest at CLEC’s expense. CLEC shall advise the manufacturer and seller of
the virtually collocated equipment that CLEC’s equipment will be possessed, installed
and maintained by Qwest.
8.2.2.5 CLEC’s virtually collocated equipment must comply with Telcordia
Network Equipment Building System (NEBS) Level 1 safety standards and any statutory
(local, state or federal) and/or regulatory requirements in effect at the time of equipment
installation or that subsequently become effective. CLEC shall provide Qwest interface
specifications (e.g., electrical, functional, physical and software) of CLEC’s virtually
collocated equipment. Such safety and engineering standards shall apply to CLEC
equipment only to the degree that they apply to Qwest equipment located in Qwest’s
Premises.
8.2.2.6 CLEC must specify all software options and associated plug-ins for its
virtually collocated equipment.
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8.2.2.7 CLEC will be responsible for payment of Qwest’s initial direct training
charges associated with training Qwest employees for the maintenance, operation and
installation of CLEC’s virtually collocated equipment when such equipment is different
than the standard equipment used by Qwest in that Premises. This includes per diem
charges (i.e., expenses based upon effective Qwest labor agreements), travel and
lodging incurred by Qwest employees attending a vendor-provided training course.
8.2.2.8 CLEC will be responsible for payment of reasonable charges incurred in
the maintenance and/or repair of CLEC’s virtually collocated equipment in accordance
with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the
foregoing, CLEC shall not be responsible for any costs or charges incurred in the
maintenance and/or repair of CLEC’s virtually collocated equipment where such costs or
charges result from Qwest’s fault or negligence.
8.2.3 Terms and Conditions - Caged and Cageless Physical Collocation
8.2.3.1 Qwest shall provide Caged and Cageless Physical Collocation to CLEC
for access to UNEs and ancillary services and Interconnection, except that Qwest may
provide Virtual Collocation if Qwest demonstrates to the Commission that Physical
Collocation is not practical for technical reasons or because of space limitations, as
provided in Section 251(c)(6) of the Act.
8.2.3.2 Physical Collocation is offered in Premises on a space-available, first
come, first-served basis.
8.2.3.3 Reserved for Future Use.
8.2.3.4 Qwest will design the floor space in the most efficient manner possible
within each Premises that will constitute CLEC’s leased space. CLEC will, in
accordance with the other terms and conditions of this Section, have access to its leased
space.
8.2.3.5 When Qwest constructs the collocated space, Qwest will ensure that the
necessary construction work (e.g., racking, ducting and caging for Caged Physical
Collocation) is performed pursuant to Qwest Technical Publication 77350, including all
construction of CLEC’s leased physical space and the riser from the vault to the leased
physical space.
8.2.3.6 CLEC owns or leases and is responsible for the installation,
Maintenance and Repair of its equipment located within the physically collocated space
leased from Qwest.
8.2.3.7 Qwest shall permit CLEC to commence installation of its equipment prior
to completion of Qwest’s work on the remaining Collocation infrastructure, at no
additional charge to CLEC. Such "early access" date will be negotiated by Qwest and
CLEC on a site specific basis. In order to obtain early access, CLEC must pay eighty
percent (80%) of the remaining fifty percent (50%) of the quoted nonrecurring charges
before early access is granted, leaving a holdback of ten percent (10%) of the originally
quoted nonrecurring charges. All appropriate (i.e. space and cable racking) recurring
charges will begin on a negotiated date. The enclosure for Caged Physical Collocation
must be complete before early access is granted. Such early access by CLEC shall not
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interfere with the work remaining to be performed by Qwest.
8.2.3.8 Upon completion of the construction of the Collocation project, Qwest will
work cooperatively with CLEC in matters of joint testing and maintenance.
8.2.3.9 If, during installation, Qwest determines CLEC activities or equipment do
not comply with the NEBS Level 1 safety standards listed in this Section or are in
violation of any Applicable Laws or regulations all equally applied to Qwest, Qwest has
the right to stop all installation work until the situation is remedied. Qwest shall provide
written notice of the non-compliance to CLEC and such notice will include: (1)
identification of the specific equipment and/or installation not in compliance; (2) the
NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that CLECs equipment and/or installation does not meet the safety
requirement; and (4) a list of all equipment that Qwest locates at the Premises in
question, together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends CLECs equipment fails to meet. If such
conditions pose an immediate threat to the safety of Qwest employees, interfere with the
performance of Qwest’s service obligations, or pose an immediate threat to the physical
integrity of the conduit system, cable facilities or other equipment in the Premises, Qwest
may perform such work and/or take action as is necessary to correct the condition at
CLEC’s expense. In the event that CLEC disputes any action Qwest seeks to take or
has taken pursuant to this provision, CLEC may pursue immediate resolution by the
Commission or a court of competent jurisdiction.
8.2.3.10 All equipment placed will be subject to random safety audits conducted
by Qwest. These audits will determine whether the equipment meets the NEBS Level 1
safety standards required by this Agreement. CLEC will be notified of the results of this
audit. If, at any time, pursuant to a random audit or otherwise, Qwest determines that
the equipment or the installation does not meet the NEBS standards described in
Section 8.2.1.8, CLEC will be responsible for the costs associated with the removal,
modification to, or installation of the equipment to bring it into compliance. Qwest shall
provide written notice of the non-compliance to CLEC, and such notice will include: (1)
identification of the specific equipment and/or installation not in compliance; (2) the
NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that CLEC’s equipment and/or installation does not meet the safety
requirement; and (4) a list of all equipment that Qwest locates at the Premises in
question, together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends CLEC’s equipment fails to meet. If CLEC fails
to correct any non-compliance within fifteen (15) calendar days of written notice of non-
compliance, or if such non-compliance cannot be corrected within fifteen (15) calendar
days of written notice of non-compliance, and if CLEC fails to take all appropriate steps
to correct any non-compliance as soon as reasonably possible, Qwest may pursue
immediate resolution by the Commission or a court of competent jurisdiction. If there is
an immediate threat to the safety of Qwest employees, or an immediate threat to the
physical integrity of the conduit system, cable facilities, or other equipment in the
Premises, Qwest may perform such work and/or take such action as is necessary to
correct the condition at CLEC’s expense.
8.2.3.11 Qwest shall provide basic telephone service with a connection jack at the
request of CLEC for Caged or Cageless Physical Collocation space. Upon CLEC’s
request, this service shall be available per standard Qwest business service Provisioning
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processes and rates.
8.2.3.12 For Caged Physical Collocation, CLEC’s leased floor space will be
separated from other CLECs and Qwest space through a cage enclosure. Qwest will
construct the cage enclosure or CLEC may choose from Qwest approved contractors or
may use another vendor of CLEC’s own choosing, subject to Qwest’s approval which
may not be unreasonably withheld. All CLEC equipment placed will meet NEBS Level 1
safety standards, and will comply with any local, state, or federal regulatory
requirements in effect at the time of equipment installation or that subsequently become
effective.
8.2.3.13 For Cageless Physical Collocation in a Wire Center, the minimum square
footage is nine (9) square feet per bay (however, if smaller bays are or become
available, Qwest will reduce the minimum square footage accordingly). Requests for
multiple bay space will be provided in adjacent bays where possible. When contiguous
space is not available, bays may be commingled with other CLECs’ equipment bays.
CLEC may request, through the Qwest Space Reclamation Policy, a price quote to
rearrange Qwest equipment to provide CLEC with adjacent space.
8.2.4 Transmission Facility Access to Collocation Space
8.2.4.1 For Virtual or Physical Collocation, CLEC may select from four (4)
optional methods for facility access to its Collocation space. They include: 1) fiber
entrance facilities, 2) purchasing private line or Access Services, 3) Unbundled Network
Elements; and 4) microwave entrance facilities. Other entrance facility technologies may
be requested through the BFR process.
8.2.4.2 Collocation Fiber Entrance Facilities. Qwest offers three Fiber
Collocation Entrance Facility options – Standard Fiber Entrance Facility, Cross-Connect
Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to
Caged and Cageless Physical Collocation and Virtual Collocation. Fiber Entrance
Facilities provide the connectivity between CLEC’s collocated equipment within the
Qwest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Qwest
Wire Center where CLEC shall terminate its fiber-optic facility, except the Express Fiber
Entrance Facilities.
8.2.4.3 CLEC is responsible for providing its own fiber facilities to the C-POI
outside Qwest’s Wire Center. Qwest will extend the fiber cable from the C-POI to a
Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure
will then be provided by Qwest from the FDP to continue the run to CLEC’s leased
Collocation space (Caged or Cageless Physical Collocation) or CLEC’s equipment
(Virtual Collocation). The Qwest provided facility from the C-POI to the leased
Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall
be considered the Collocation Fiber Entrance Facility. The preceding provisions do not
apply to Express Fiber Entrance Facility which provides that CLEC fiber will be pulled to
CLEC Collocation equipment without splices or termination on an FDP.
8.2.4.3.1 Standard Fiber Entrance Facility -- The standard fiber entrance
facility provides fiber connectivity between CLEC’s fiber facilities delivered to the
C-POI and CLEC’s Collocation space in increments of 12 fibers. CLEC’s fiber
cable is spliced into a Qwest-provided shared fiber entrance cable that consists
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of six buffer tubes containing 12 fibers each for a 72 fiber cable. The 72 fiber
cable shall be terminated on a Fiber Distribution Panel (FDP). A 12 fiber
Interconnection cable is placed between CLEC’s Collocation space and the FDP.
The FDP provides Qwest with test access and a connection point between the
transport fiber and CLEC’s Interconnection cable.
8.2.4.3.2 Cross-connect Fiber Entrance Facility -- The cross-connect fiber
entrance facility provides fiber connectivity between CLEC’s fiber facilities
delivered to a C-POI and multiple locations within the Qwest Wire Center.
CLEC’s fiber cable is spliced into a Qwest provided shared fiber entrance cable
in 12 fiber increments. The Qwest fiber cable consists of six buffer tubes
containing 12 fibers each for a 72 fiber cable. The 72 fiber cable terminates in a
fiber distribution panel. This fiber distribution panel provides test access and
flexibility for Cross Connection to a second fiber distribution panel. Fiber
Interconnection cables in 4 and 12 fiber options connect the second fiber
distribution panel and equipment locations in the Qwest Wire Center. This option
has the ability to serve multiple locations or pieces of equipment within the Qwest
Wire Center. This option provides maximum flexibility in distributing fibers within
the Wire Center and readily supports Virtual and Cageless Physical Collocation
and multiple CLEC locations in the office. This option also supports transitions
from one form of Collocation to another.
8.2.4.3.3 Express Fiber Entrance Facility – Qwest will place CLEC-
provided fiber cable from the C-POI directly to CLEC’s Collocation space. The
fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating
requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice will occur in the cable vault to insure that the
cable within the Qwest Wire Center meets requirements. This option will not be
available if there is only one conduit with 2 unused innerducts (one for
emergency restoral and one for a shared entrance cable).
8.2.4.4 Qwest will designate the location of the C-POI for Virtual, Caged
Physical or Cageless Physical Collocation arrangements.
8.2.4.5 The Collocation entrance facility is assumed to be fiber optic cable and
meets industry standards (GR. 20 Core). Metallic sheath cable is not considered a
standard Collocation entrance facility. Requests for non-standard entrances will be
considered through the BFR process described in the Bona Fide Request Process
Section of this Agreement. All costs and Provisioning intervals for non-standard
entrances will be developed on an Individual Case Basis.
8.2.4.6 Qwest shall provide an Interconnection point or points, physically
accessible by both Qwest and CLEC, at which the fiber optic cable carrying CLEC’s
circuits can enter Qwest’s Wire Center, provided that Qwest shall designate
Interconnection points as close as reasonably possible to its Premises. Qwest shall
offer at least two (2) such Interconnection points at each Qwest Wire Center when at
least two entry points pre-exist and duct space is available. Qwest will not initiate
construction of a second, separate Collocation entrance facility solely for Collocation. If
Qwest requires the construction of a new Collocation entrance facility for its own use,
then the needs of CLEC will also be taken into consideration.
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8.2.4.7 As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase Qwest Tariffed or cataloged Private Line or Switched Access Services
between Qwest’s Premises and CLEC’s Collocation space in a Qwest Wire Center.
8.2.4.8 As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase unbundled dedicated interoffice transport.
8.2.4.9 Microwave Entrance Facilities. Qwest offers Microwave Entrance
Facilities, on Premises owned or controlled by Qwest, to access CLEC transmission
equipment collocated on or inside the Qwest Premises. The rooftop, duct, conduit, and
riser cable space for Microwave Entrance Facilities is available on a first-come, first-
served basis, where Technically Feasible. CLEC may place its microwave antenna on a
Qwest owned or controlled existing tower, building, or supporting structure, where space
is available, or CLEC may construct such tower or supporting structure, if necessary and
if there is sufficient space and the building structure is not jeopardized. Such microwave
equipment will be limited to that which is necessary for Interconnection to Qwest’s
network or access to Qwest’s Unbundled Network Elements.
8.2.4.9.1 Qwest will jointly coordinate and plan with CLEC for the placement
and location of the microwave equipment on a non-penetrating roof mount, or an
existing tower or supporting structure on the exterior of a Qwest Premises. The
method of placing CLEC microwave equipment shall be mutually agreed upon.
Tower or building roof space that allows for unobstructed line-of-sight will be
provided by Qwest where Technically Feasible. A weather proof cable entry
hatch or an existing wave-guide hatch or other suitable entrance into the building
is required. If space is available, CLEC may use an existing cable entry hatch or
a new cable entry hatch will need to be constructed. The cable entry hatch
charges are on a per Port used basis.
8.2.4.9.2 CLEC can perform the determination of line-of-sight feasibility or
if requested, Qwest will perform the line-of-sight feasibility. CLEC will submit a
Microwave Entrance Facility Application for each antenna arrangement and each
Qwest Premises requested. A site visit will include appropriate Qwest and CLEC
personnel for the purpose of determining whether an unobstructed line-of-sight is
Technically Feasible and structural analysis of the building. The site visit will
take place within fifteen (15) calendar days after receipt by Qwest of the CLEC’s
Microwave Entrance Facility Application, unless the CLEC requests a later date.
If CLEC performs the structural analysis and line-of-sight feasibility, it shall
submit a response regarding its analysis to Qwest and Qwest will only bill for an
escort fee per site requested. If either Party disputes the technical feasibility,
space availability, or other conditions proposed by Qwest, the Parties will
promptly petition the Commission for resolution of the dispute.
8.2.4.9.3 If Qwest performs the feasibility analysis, a response will be
provided to CLEC within thirty (30) calendar days after the site visit with the
structural analysis and line-of-sight feasibility. If the site visit determines that
unobstructed line-of-sight and placement of the microwave equipment are not
Technically Feasible, CLEC will be billed only for the site visit. If the site visit
determines that the placement of microwave equipment is Technically Feasible,
Qwest will provide a quote for the Microwave Entrance Facility with the quote for
the submitted Collocation Application. If CLEC does not submit a Collocation
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Application for the Premises within thirty (30) days following the completion of the
line-of-sight and structural feasibility analysis or CLEC subsequently cancels the
Collocation Application, CLEC will be billed for the site visit.
8.2.4.9.4 CLEC must obtain all necessary variances, licenses, approvals
and authorizations from governmental agencies with jurisdiction, such as use
permits, building permits, FCC licenses and FAA approval, if required, to
construct, operate and maintain the CLEC facilities. If Qwest’s assistance is
required in order for a CLEC to obtain necessary licenses or permits, Qwest will
not unreasonably withhold such assistance. CLEC will pay all expenses
associated with that assistance on a time and materials basis.
8.2.4.9.5 CLEC is responsible for the engineering, purchasing, supplying,
installing, maintaining, repairing and servicing of its microwave specific
equipment. CLEC shall provide the cable from the antenna equipment to the
building cable entry hatch. However, CLEC is not permitted to penetrate the
building exterior wall or roof. Qwest will do all building penetration and Qwest will
install the coaxial cable or wave-guide/transmission facility from the cable entry
hatch to the CLEC’s Collocation space within the interval, as set forth in Section
8.4, for the type of Collocation requested by CLEC. CLEC facilities shall not
physically, electronically, or inductively interfere with the existing Qwest or other
CLECs’ equipment. Each transmitter individually and all transmitters collectively,
for Qwest, Qwest Affiliates and CLECs, at a given location shall comply with
appropriate Federal, State, and Local regulations governing the safe levels of RF
radiation.
8.2.4.9.6 Upon expiration or termination of the Collocation arrangement or
the Microwave Entrance Facility, CLEC shall return the antenna space to its
original condition. CLEC shall repair any damages caused by removal of its
microwave equipment, or by the use, operation or placement of its microwave
equipment on the Premises. If CLEC performs the foregoing, Qwest shall
impose no charges on CLEC for such work. In the event the CLEC fails to
remove its microwave equipment, CLEC shall be liable to Qwest for all
reasonable costs of removal, restoration of the property, storage, and
transportation to CLEC of such microwave equipment incurred by Qwest.
8.2.5 Terms and Conditions – ICDF Collocation
8.2.5.1 Interconnection Distribution Frame (ICDF) Collocation is available for
CLECs who have not obtained Caged or Cageless Physical Collocation, but who require
access to the Qwest Wire Center for combining Unbundled Network Elements and
ancillary services. ICDF Collocation provides CLECs with access to the Interconnection
Distribution Frame, where Qwest will terminate the Unbundled Network Elements and
ancillary services ordered by CLEC. CLEC may combine one (1) UNE to another UNE
or ancillary service by running a jumper on the ICDF. CLEC access to the ICDF will be
on the same terms and conditions described for other types of Collocation in this
Section. There are multiple frames that could be used for ICDF Collocation including,
but not limited to, the following: a) existing Interconnection Distributing Frame (ICDF);
b) existing DSX panels for DS-1 and DS-3 services; c) new Interconnection Distributing
Frame; d) existing toll frame; e) fiber distribution panel; and, f) existing intermediate
frame.
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8.2.5.2 All Qwest terminations on the Interconnection Distribution Frame will be
given a frame address. Qwest will establish and maintain frame address records for
Qwest terminations. Qwest will maintain assignment records for each Unbundled
Network Element and ancillary service ordered by CLEC that is terminated on the
Interconnection Distribution Frame. Qwest will provide CLEC with the frame
assignments for each Unbundled Network Element and ancillary service terminated on
the ICDF.
8.2.5.3 CLEC will be required to place the jumper connection between frame
addresses to connect Unbundled Loops, ancillary and Finished Services. CLEC will be
required to maintain the records for CLEC-provided jumpers.
8.2.5.4 Reserved for Future Use.
8.2.6 Terms and Conditions- Adjacent Collocation and Adjacent Remote Collocation
8.2.6.1 CLEC may request Adjacent Collocation and Adjacent Remote
Collocation in an existing Qwest controlled environmental vault, controlled environmental
hut, or similar structures on or under Qwest owned, leased or otherwise controlled
property contiguous to a Qwest Premises, to the extent Technically Feasible. Adjacent
Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent
Remote Collocation in an existing structure shall be ordered as Remote Collocation.
8.2.6.1.1 Alternatively, if no such structure described above exists, CLEC
may choose to construct or procure a structure to place on or under Qwest
owned, leased or otherwise controlled property contiguous to a Qwest Premises.
Such adjacent structure shall be in accordance with Qwest’s design and space
planning for the site. CLEC may propose the design for the adjacent structure,
subject to Qwest’s approval. Qwest will review the building and property plans
for the new structure within thirty (30) calendar days.
8.2.6.1.2 CLEC shall own such structure, subject to a reasonable ground
space lease. If CLEC terminates its Adjacent Collocation space, Qwest shall
have the right of first refusal to such structure under terms to be mutually agreed
upon by the parties. In the event Qwest declines to take the structure or terms
cannot be agreed upon, CLEC may transfer such structure to another CLEC for
use for Interconnection and or access to UNEs. Transfer to another CLEC shall
be subject to Qwest’s approval, which approval shall not be unreasonably
withheld. If no transfer of ownership occurs, CLEC is responsible for removal of
the structure and returning the property to its original condition.
8.2.6.2 Qwest shall provide written authorization for use of Qwest’s property to
CLEC or CLEC’s contractor, to the extent that Qwest owns or controls such property, to
assist CLEC in obtaining any building permits or other approvals that may be necessary
to construct the facility. CLEC is responsible for construction of the structure or
procurement of an existing structure. CLEC is responsible for meeting all State and
municipal building and zoning requirements.
8.2.6.3 Qwest will provide power and all other Physical Collocation services and
facilities.
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8.2.6.4 Upon request, Qwest will evaluate all parking or other spaces outside the
Qwest Premises on Qwest property that can be reasonably made available to CLEC for
Adjacent Collocation. Qwest will retain a reasonable amount of parking space for Qwest
technicians or other vehicles, including CLECs. Space below a hoisting area will not be
relinquished for Collocation space.
8.2.6.5 If Physical Collocation space becomes available in a previously
exhausted Qwest structure, Qwest shall not require CLEC to move, or prohibit CLEC
from moving its Collocation arrangement into the Qwest structure. Instead, Qwest shall
continue to allow CLEC to collocate in any adjacent controlled environmental vault,
controlled environmental hut, or similar structure.
8.2.7 Terms and Conditions – Remote Collocation
8.2.7.1 Remote Collocation allows CLEC to collocate in a Qwest Remote
Premises that is located remotely from a Qwest Wire Center building property. Such
Remote Premises include controlled environmental vaults, controlled environmental
huts, cabinets, pedestals and other Remote Terminals.
8.2.7.2 The terms and conditions for Physical Collocation or Virtual Collocation
shall apply to Remote Collocation as appropriate to the specific Remote Premises
structure and subject to technical feasibility (e.g., Section 8.2.3.11 and Section 8.2.4
would not apply), or if appropriate, Adjacent Collocation as set forth above. Space will
be offered in increments appropriate to the Remote Premises structure (i.e., shelf, relay
rack, etc.).
8.3 Rate Elements
Rate elements for Collocation are included in Exhibit A.
8.3.1 Rate Elements - All Collocation
8.3.1.1 Qwest will recover Collocation costs through both recurring and
nonrecurring charges. The charges are determined by the scope of work to be
performed based on the information provided by CLEC on the Collocation Order Form.
A quote is then developed by Qwest for the work to be performed.
8.3.1.2 The following elements as specified in Exhibit A of this Agreement are
used to develop a price quotation in support of Collocation:
8.3.1.3 Quote Preparation Fee. A non-refundable charge for the work required
to verify space and develop a price quote for the total costs to CLEC for its Collocation
request.
8.3.1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable
(in increments of 12 fibers) from the C-POI utilizing Qwest owned, conventional single
mode type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to
the leased space (for Caged or Cageless Physical Collocation). The Collocation
entrance facility includes manhole, conduit/innerduct, placement of conduit/innerduct,
fiber cable, fiber placement, splice case, a splice frame, fiber distribution panel, and
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relay rack. Charges apply per fiber pair. Express Fiber Entrance Facility does not
include fiber cable, splice case, a splice frame or fiber distribution panel. Microwave
Entrance Facility charges are addressed in 8.3.1.17.
8.3.1.5 Cable Splicing Charge. Represents the labor and equipment to perform
a subsequent splice to CLEC provided fiber optic cable after the initial installation splice.
Includes per-setup and per-fiber-spliced rate elements.
8.3.1.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC
collocated equipment and is fused at one hundred twenty-five percent (125%) of
request. Charged on a per ampere basis.
8.3.1.7 AC Power Feed. Recovers the cost of providing for the engineering and
installation of wire, conduit and support, breakers and miscellaneous electrical
equipment necessary to provide the AC power, with generator backup, to CLEC’s space.
The AC Power feed is optional. The AC Power Feed is available with single or triple
phase options. The AC Power Feed is rated on a per foot and per ampere basis.
8.3.1.8 Inspector Labor Charge. Provides for Qwest qualified personnel, acting
as an inspector, when CLEC requires access to the C-POI after the initial installation. A
call-out of an inspector after business hours is subject to a minimum charge of three (3)
hours. The minimum call-out charge shall apply when no other employee is present in
the location, and an ‘off-shift’ Qwest employee (or contract employee) is required to go
‘on-shift’ on behalf of CLEC.
8.3.1.9 Channel Regeneration Charge. Required when the distance from the
leased physical space (for Caged or Cageless Physical Collocation) or from the
collocated equipment (for Virtual Collocation) to the Qwest network is of sufficient length
to require regeneration. Cable distance limitations are based on ANSI Standard T1.102-
1993 "Digital Hierarchy – Electrical Interface; Annex B." Channel Regeneration Charges
shall not apply if Qwest fails to make available to CLEC: (a) a requested, available
location at which regeneration would not be necessary or (b) Collocation space that
would have been available and sufficient but for its reservation for the future use of
Qwest.
8.3.1.10 Interconnection Tie Pairs (ITP) are described in the UNE Section, and
apply for each Unbundled Network Element, ancillary service or Interconnection service
delivered to CLEC. The ITP provides the connection between the Unbundled Network
Element, ancillary service or Interconnection service and the Demarcation Point.
8.3.1.11 Collocation Terminations. Terminations are purchased by CLEC for the
purpose of accessing Unbundled Network Elements. These terminations may be
requested in Shared Access and Direct Connection Configurations.
8.3.1.11.1 Shared Access
8.3.1.11.1.1 In a Shared Access configuration, there are multiple
frames that could be designated as an ICDF or appropriate Demarcation
Point including, but not limited to, the following:
a) Existing Interconnection Distributing Frame (ICDF).
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b) Existing DSX Panels for DS-1 and DS-3 services
c) New Interconnection Distributing Frame
d) Existing Toll Frame
e) Fiber Distribution Panel
f) Existing Intermediate Frame
8.3.1.11.1.2 The ICDF is the test access point. It would not be
uncommon to find multiple service providers, including Qwest, on the
ICDF at any one time. This element includes Qwest’s provided
termination blocks, installation labor between CLEC collocated equipment
and the appropriate cross-connect device. Cabling is also required and
may be provided by CLEC or at their request, Qwest will provide cabling
at an additional charge. When Qwest provides the cabling, Collocation
Block Termination rates will apply as contained in Exhibit A of this
Agreement. When CLEC provides the cabling, Collocation Termination
rates, on a per termination basis, will apply as contained in Exhibit A of
this Agreement. When CLEC provides and installs the tie cables, blocks
and terminations on the ICDF, no Collocation Termination rates will apply.
8.3.1.11.2 Direct Connection
8.3.1.11.2.1 Direct Connection provides an uninterrupted path
from the Collocation space to an existing frame. This option will
guarantee that there will not be an ICDF. The connection will be
designed from the Collocation space to the same frame that Qwest uses
to connect to that specific service. For example, if CLEC wants to
connect directly from their Collocation space to a 911 router, the
infrastructure for the 911 trunks will terminate in a DS1 bay location with
the 911-router circuits. There are several options for the location of the
Demarcation Point. CLEC will select their desired option via the
supplemental Direct Connection (DC-POT) With Collocation Form
DC050900. If CLEC chooses a demarcation inside the Collocation
space, the collocator should order and install the termination equipment
itself. Demarcation equipment must be noted on the order form so that a
CLLI code and unique tie cable assignments can be generated for
systems flow through. If CLEC chooses a demarcation outside its
Collocation space, Qwest will maintain and inventory this device. Direct
terminations may be ordered where frame space is available. If frame
space is exhausted the terminations may need to be made at another
frame. Upon completion of the pre-Provisioning of the Direct Connection,
CLEC will receive an Alternate Point of Termination (APOT) form so that
they may order Finished Services and UNEs. CLEC will be responsible
for augmenting terminations as required. The Direct Connection APOT
information must be provided on the ASR or LSR to insure that the
services are designed to the dedicated path.
8.3.1.11.2.2 CLEC’s termination point will require a CLLI code
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(e.g., Frame Number) and the dedicated tie pairs will require a unique
name to enable automatic assignment through TIRKS and SWITCH
via Carrier Facilities Address (CFA) methods.
8.3.1.11.2.3 If CLEC wishes to arrange terminations on a 2-wire
POTS level cross-connect device of the modular type, i.e. COSMIC
Hardware, standard-engineering principles will apply. Provisioning
intervals and costs will be customized and determined on an Individual
Case Basis (ICB). A five (5) year forecast including terminations per
quantities will be required. MELD runs will be required for the initial
COSMIC plan and each subsequent block addition. To minimize
CLEC’s cost, to the extent feasible, Qwest shall consolidate CLEC’s
requirements with the requirements of Qwest and other CLECs into a
single MELD run whenever feasible. Costs of such consolidated
MELD runs shall be prorated among the parties, including Qwest.
Minimum installation requires at least one (1) block for every two outside
plant modules. A ½ shelf of block capacity must be reserved for future
block space.
8.3.1.11.2.4 Requests for terminations at a DSO, DS1, DS3 and
optical level (non-POTS) may also be made directly to the respective
frame or panel (i.e. toll frame, DSX, FDP, etc.). Direct Connections to
these frames do not require MELD runs and short jumper engineering
principals, as with the COSMIC frame. However these connections will
require coordination between Qwest and CLEC to ensure that the cable is
terminated in an existing frame with the service that CLEC is wishing to
connect with. Direct Connection is ordered via the supplemental
Collocation order form, Direct Connection (DC-POT) With Collocation
Form DC050900. Timing, pricing and feasibility will be determined on the
basis of a specific, in-depth building analysis. Direct Connections are
available where available frame space permits. If frame space is
exhausted, terminations may need to be made at another frame. Space
availability will be determined during the feasibility request phase of the
order. Rates for Direct Connection Terminations will be on an ICB basis
using rates defined in Exhibit A.
8.3.1.11.3 Terminations must be purchased in the following increments:
DS0 in blocks of 100; DS1 in increments of one (1); and DS3 in increments of
one (1) coaxial cable or fiber pair.
8.3.1.12 Security Charge. This charge applies to the keys/card and card readers,
required for CLEC access to the Qwest Premises for the purpose of Collocation.
Charges are assessed per CLEC employee, per card, per Premises on a monthly basis.
8.3.1.13 Composite Clock/Central Office Synchronization. Recovers the cost of
providing composite clock and/or DS1 synchronization signals traceable to a stratum
one source. CLEC must determine the synchronization requirements for CLEC’s
equipment and notify Qwest of these requirements when ordering the clock signals.
Central Office Synchronization is required for Virtual Collocation involving digital services
or connections. Synchronization may be required for analog services. Central Office
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Synchronization is available where Qwest Central Offices are equipped with Building
Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance
with Exhibit A.
8.3.1.14 -48 Volt DC Power Cable Charge. Provides for the transmission of -48
volt DC power to the collocated equipment and is fused at one hundred twenty-five
percent (125%) of request. It includes engineering, furnishing and installing the main
distribution bay power breaker, associated power cable, cable rack and local power bay
to the closest power distribution bay. It also includes the power cable (feeders) A and B
from the local power distribution bay to the leased physical space (for Caged or
Cageless Physical Collocation) or to the collocated equipment (for Virtual Collocation). It
is charged per foot, per A and B feeder.
8.3.1.15 Space Availability Report Charge – Recovers the cost of preparing a
Space Availability Report in accordance with Section 8.2.1.9.1
8.3.1.16 CLEC-to-CLEC Connection Charge. Recovers the cost of order
processing, design and engineering. Additional charges will be assessed for Virtual
Collocation connections and cable holes, if applicable. There will be recurring charges
for cable racking.
8.3.1.17 Microwave Entrance Facility – The charges for Microwave Entrance
Facility include the recurring and nonrecurring charges associated with preliminary
rooftop engineering and survey analysis, Premises structural analysis and line of sight
feasibility, if performed by Qwest; space rental for the rooftop and existing antenna
support structure, cable racking, cable, building penetration for cable entry, and other
work as required.
8.3.2 Rate Elements - Virtual Collocation
The following rate elements, as specified in Exhibit A, apply uniquely to Virtual Collocation.
8.3.2.1 Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of CLEC
virtually collocated equipment. CLEC is responsible for ordering maintenance spares.
Qwest will perform maintenance and/or repair work upon receipt of the replacement
maintenance spare and/or equipment from CLEC. A call-out of a maintenance
technician after business hours is subject to a minimum charge of three (3) hours.
8.3.2.2 Training Labor. Provides for the training of Qwest personnel on a
metropolitan service area basis provided by the vendor of CLEC’s virtually collocated
equipment when that equipment is different from Qwest-provided equipment. Qwest will
require three (3) Qwest employees to be trained per metropolitan service area in which
CLEC's virtually collocated equipment is located. If, by an act of Qwest, trained
employees are relocated, retired, or are no longer available, Qwest will not require CLEC
to provide training for additional Qwest employees for the same virtually collocated
equipment in the same metropolitan area. Where more than one (1) CLEC in the same
metropolitan area selects the same virtually collocated equipment, the training costs
shall be prorated to each according to the number of CLECs so selecting.
8.3.2.3 Equipment Bay. Provides mounting space for CLEC virtually collocated
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equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary
environmental supports. Mounting space on the bay, including space for the fuse panel
and air gaps necessary for heat dissipation, is limited to 78 inches. The monthly rate is
applied per shelf. CLEC may request use of alternate bay heights of 9 foot and 11 foot 6
inches, which will be considered on an Individual Case Basis. No Equipment Bay
Charge is assessed if CLEC provides its own equipment bay.
8.3.2.4 Engineering Labor. Provides the planning and engineering of CLEC
virtually collocated equipment at the time of installation, change or removal.
8.3.2.5 Installation Labor. Provides for the installation, change or removal of
CLEC virtually collocated equipment.
8.3.2.6 Floor Space Lease. Required for Virtual Collocation only in the instance
where CLEC provides its own equipment bay. This rate element provides the monthly
lease for the space occupied by CLEC-provided equipment bay, including property taxes
and base operating cost without –48 volt DC power. Includes convenience 110 AC, 15
amp electrical outlets provided in accordance with local codes and may not be used to
power transmission equipment or –48 volt DC power generating equipment. Also
includes maintenance for the leased space; provides for the preventative maintenance
(climate controls, filters, fire and life systems and alarms, mechanical systems, standard
HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of
Qwest Premises areas surrounding CLEC-provided equipment bay and general repair
and maintenance. The Floor Space Lease includes required aisle space on each side of
CLEC-provided equipment bay.
8.3.3 Rate Elements - Physical Collocation
8.3.3.1 Space Construction and Site Preparation. Includes the material and
labor to construct and prepare the space, including all support structure, cable racking
and lighting required to set up the space. It also includes air conditioning (to support
CLEC loads specified), lighting (not to exceed 2 watts per square foot), and convenience
outlets (3 per Caged or Cageless Collocation or number required by building code) and
the cost associated with space engineering. If a new line-up is established for Cageless
Collocation, an AC power outlet will be provided at every other bay in the line-up.
Cageless bays placed in existing line-ups will use the existing outlets. For Caged
Collocation, it includes a nine (9) foot high cage enclosure. CLEC may choose from
Qwest approved contractors or may use another vendor of CLEC’s own choosing,
subject to Qwest’s approval, which may not be unreasonably withheld, to construct the
space, including the cage in the case of Caged Collocation, in accordance with NEBS
Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is
described in Exhibit A. In the case of Shared Collocation, Qwest may not increase the
cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning
such a cage of similar dimensions and material to a single collocating Party, and Qwest
must prorate the charge for site conditioning and preparation by determining the total
charge for site preparation and allocating that charge to CLEC based on the percentage
of the total space used by CLEC. Qwest must in all cases of Shared space Collocation
allocate space preparation, conditioning, security measures and other Collocation
charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage
of the total overall space preparation and conditioning expenses do not exceed the
percentage of the total Collocation space used by CLEC.
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8.3.3.2 Floor Space Lease. Provides the monthly lease for the leased physical
space, property taxes and base operating cost without -48 volt DC power. Includes
convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes
and may not be used to power transmission equipment or -48 volt DC power generating
equipment. Also includes maintenance for the leased space; provides for the
preventative maintenance (climate controls, filters, fire and life systems and alarms,
mechanical systems, standard HVAC); a pro-rata share of biweekly housekeeping
services (sweeping, spot cleaning, trash removal) of Qwest Premises common areas
surrounding the leased physical space and general repair and maintenance. The Floor
Space Lease includes required aisle space on each side of the cage enclosure, as
applicable.
8.3.3.3 Intentionally Left Blank.
8.3.3.4 Collocation Grounding Charge. Used to connect the Premises common
ground to CLEC equipment. Recurring and nonrecurring charges are assessed per foot
to CLEC’s equipment.
8.3.4 Rate Elements - ICDF Collocation
8.3.4.1 The charges for ICDF Collocation are the nonrecurring and recurring
charges associated with the Unbundled Network Elements or ancillary services ordered
by CLEC, the cost of extending the Unbundled Network Elements or ancillary services to
the Demarcation Point, which are recovered through the ITP charges described in the
UNE Section, and the Security charge, described in this Section.
8.3.5 Rate Elements – Adjacent Collocation
8.3.5.1 The charges for Adjacent Collocation will be developed on an Individual
Case Basis, except where the Commission finds that standard pricing elements can be
reasonably identified and their costs determined, depending on the specific needs of
CLEC and the unique nature of the available adjacent space (e.g., existing structure or
new structure to be constructed).
8.3.6 Rate Elements – Remote Collocation and Adjacent Remote Collocation
8.3.6.1 The charges for Remote Collocation will be developed on an Individual
Case Basis except where the Commission finds that standard pricing elements can be
reasonably identified and their costs determined.
8.3.7 Rate Elements – CLEC-to-CLEC Connections
8.3.7.1 The charges for CLEC-to-CLEC Connections are addressed in Section
8.3.1.16.
8.4 Ordering
8.4.1 Ordering - All Collocation
8.4.1.1 CLEC must complete the requirements in the Implementation Schedule
Section of this Agreement before submitting a Collocation Application Form to Qwest.
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8.4.1.1.1 Nothing in this Agreement shall be construed to preclude a
CLEC from submitting an order for Collocation prior to CLEC’s execution of this
Agreement. If, however, the Collocation interval is completed before this
Agreement or another Interconnection agreement becomes effective, the rates,
terms, and conditions of this Agreement shall apply to such Collocation.
8.4.1.2 Any material changes, modifications or additional engineering (Material
Changes) requested by CLEC, subsequent to its original Collocation order, as to the
type and quantity of equipment or other aspects of the original Collocation order, must
be submitted with a revised Collocation Application. For purposes of this section,
Material Changes are changes that would significantly impair Qwest’s ability to provision
the requested Collocation within the applicable intervals if the changes are provisioned
with the original Collocation order and would require Qwest to incur financial penalties
under the terms of this Agreement or other Applicable Law. Qwest shall determine the
additional time required to comply with CLEC’s request for Material Changes (Additional
Time), and CLEC shall have the option of (a) having the request for Material Changes
implemented with the original Collocation order (within the original Provisioning intervals)
as extended by the Additional Time; or (b) having Qwest process and provision the
request as a subsequent construction activity or augmentation to the original Collocation
order. Any nonmaterial changes, modifications, or additional engineering requested by
CLEC, subsequent to its original Collocation order, may be submitted with a revised
Collocation Application or otherwise communicated to Qwest and shall be implemented
with the original Collocation order within the original applicable intervals.
8.4.1.3 There are three (3) primary steps in the ordering of Collocation – 1)
Forecasting, 2) Application, and 3) Acceptance of Quote.
8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each
quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed
by CLEC and the Qwest account team. The CLEC forecast shall be considered
accurate for purposes of Collocation intervals if the subsequent Collocation Application
correctly identifies a) and e) below, and b) and c) below are within twenty percent (20%)
of the forecast. If at the time the Application is made, the forecasted type of Collocation
is not available, CLEC may specify a different type of Collocation without affecting the
Collocation intervals. The forecast shall include, for each Qwest Premises, the following:
a) Identification of the Qwest Premises;
b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
c) Power requirements;
d) Heat Dissipation (optional);
e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared,
ICDF, Virtual, etc.);
f) Intentionally Left Blank.
g) Entrance Facility Type (e.g., Express Fiber, Private Line);
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h) Type and Quantity of Terminations (optional);
i) Month or Quarter, during or which, CLEC expects to submit its
Collocation Application; and
j) Intentionally Left Blank.
8.4.1.4.1 The following terms shall apply to the forecasting process:
a) CLEC forecasts shall be provided as detailed in Section 8.4.1.4;
b) CLEC forecasts shall be confidential information and Qwest may
not distribute, disclose or reveal, in any form, CLEC forecasts other than
as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
8.4.1.5 CLEC shall submit a Collocation Application to order Collocation at a
particular Qwest Premises. A Collocation Application shall be considered complete, if it
contains:
a) Identification of the Qwest Premises;
b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
c) Power requirements;
d) Heat Dissipation;
e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared,
Virtual, etc.);
f) Collocated equipment and technical equipment specifications
(manufacturer make, model no., functionality i.e., Cross Connect, DLC, DSLAM,
transmission, Switch, etc., physical dimensions, quantity). (NOTE: Packet or
circuit switching equipment requires, in writing and attached to the Application,
how this equipment is necessary for access to UNEs or Interconnection. High
level equipment interface or connectivity schematic for equipment that is not on
the approved equipment list or has not been used by CLEC for a similar purpose
before, must also accompany this Application. CLEC using approved equipment
found at www.qwest.com/wholesale/pcat/collocation/html need not comply with
this provision);
g) Entrance Facility Type;
h) Type and Quantity of Terminations;
i) If desired, an alternate form of Collocation if first choice is not available;
and
j) Billing Contact.
8.4.1.5.1 Parties will work cooperatively to ensure the accuracy of the
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Collocation Application. If Qwest determines that the Application is not complete,
Qwest shall notify CLEC of any deficiencies within ten (10) calendar days after
receipt of the Application. Qwest shall provide sufficient detail so that CLEC has
a reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Application and resubmit the Application within ten calendar days after
being advised of the deficiencies.
8.4.1.6 Acceptance – After receipt of a Collocation Quote Form from Qwest,
CLEC shall formally accept the quote in order for Qwest to continue the processing of
the Collocation Application. A Collocation Acceptance shall be considered complete, if it
contains:
a) Signed Notification of Acceptance; and
b) Payment of fifty percent (50%) of quoted charges.
8.4.1.7 Collocation Space Reservation – allows CLEC to reserve space in a
Qwest Premises for up to one (1) year for transmission equipment (ATM, Packet
Switching, DSLAM), three (3) years for circuit switching equipment, and five (5) years for
power equipment. CLEC may reserve space in a particular Qwest Premises through the
Collocation Space Reservation Application Form. Request for contiguous space will be
honored, if available.
8.4.1.7.1 Collocation Space Reservation Application – Upon receipt of the
Collocation Space Reservation Application Form, Qwest will provide space
feasibility within ten (10) calendar days.
8.4.1.7.2 Collocation Space Reservation Quotation – If space is available,
Qwest will provide a specific price quote based on the requested Collocation
requirements described on the Collocation Space Reservation Application Form.
The quote and a Billing invoice for twenty-five percent (25%) payment of
nonrecurring charges will be sent to CLEC within twenty-five (25) calendar days
from the Collocation Space Reservation Application receipt.
8.4.1.7.2.1 Collocation Space Reservation Acceptance CLEC
must electronically submit Acceptance or non-Acceptance of the quote
within seven (7) calendar days of receipt of the quotation. If CLEC
submits the Acceptance between eight (8) and thirty (30) calendar days of
receipt of the quotation, Qwest will honor the reservation upon receipt of
the payment only if Qwest does not receive a competing request for the
same space from another CLEC. Qwest will not honor reservations if
CLEC submits the Acceptance more than thirty (30) calendar days after
receipt of the quotation.
8.4.1.7.3 Upon receipt of the twenty-five percent (25%) payment, Qwest
will reserve the space on behalf of CLEC in accordance with the Application and
take the necessary steps to ensure the availability of power, HVAC and other
components reflected on the application for reservation. Qwest will hold the
reservation for the applicable reservation period after the twenty-five percent
(25%) payment. This payment will be applied to the subsequent Collocation
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Application.
8.4.1.7.4 CLEC may cancel the reservation at any time during the
applicable reservation period. Upon notification of the cancellation, Qwest will
refund a prorated portion of the twenty-five percent (25%) payment as follows:
a) Cancellation notification within ninety (90) calendar days from
receipt of wire transfer, seventy five percent (75%) of the initial down
payment will be returned to CLEC.
b) Cancellation notification within ninety-one (91) and one hundred
and eighty (180) calendar days from receipt of wire transfer, fifty percent
(50%) of the initial down payment will be returned to CLEC.
c) Cancellation notification within one hundred and eighty-one (181)
and two hundred and seventy (270) calendar days from receipt of wire
transfer, twenty-five percent (25%) of the initial down payment will be
returned to CLEC.
d) Cancellation notification after two hundred and seventy (270)
calendar days from receipt of wire transfer, zero percent (0%) of the initial
down payment will be returned to CLEC.
8.4.1.8 Collocation Space Option
8.4.1.8.1 CLEC, Qwest and Qwest Affiliates may Option space in Qwest
Wire Center Premises in accordance with the terms of this Section 8.4.1.8 for the
following equipment and time periods:
a) Transmission equipment – one (1) year;
b) Circuit switching equipment – three (3) years;
c) Power plants – five (5) years.
8.4.1.8.2 Optioned space is offered to CLECs for Caged, Cageless, and
Virtual Collocation. To promote fairness and prevent warehousing, the following
limits apply:
a) The Party requesting the Option may specify the amount of space
to be Optioned but not a specific location within the Wire Center, CLEC
may also request space be contiguous to its existing Collocation space.
b) A requesting CLEC may Option one Collocation space per Wire
Center.
c) The maximum amount of space per Wire Center to be Optioned
is:
- 200 square feet for Caged Collocation
- 4 bays for Cageless and Virtual Collocation
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8.4.1.8.3 The Collocation Space Option Application form will be
processed upon receipt of a properly completed request. Such form shall be
considered properly completed if it contains identifying information of CLEC, the
applicable Qwest Premises, the amount of Collocation space sought, the type of
Collocation (Caged, Cageless, Virtual) and the type of equipment (from the
categories identified in Section 8.4.1.8.1) for which the option is being sought.
CLEC must have met all past and present undisputed financial obligations to
Qwest. Upon receipt of the Collocation Space Option Application form, Qwest
will confirm in writing, within ten (10) calendar days, the availability of, and price
quote (the "Option Fee") for the Optioned space. If space is not available, Qwest
will deny the request.
8.4.1.8.4 CLEC must electronically submit Acceptance with full payment
of the nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of
the quoted Option Fee, within seven (7) calendar days of receipt of the quotation.
When Qwest takes an option on space for itself, Qwest shall impute an amount
equal to the Option Fee to the appropriate operations for which the Optioned
Space applies. The Option quote expires seven (7) calendar days after delivery
to CLEC.
8.4.1.8.5 Upon receipt of Acceptance and full payment of the nonrecurring
portion of the Option Fee, Qwest will Option the space on behalf of CLEC
including the contiguous space requests if available (or itself if appropriate) and
the Option time frame will begin. The prioritization of Optioning will be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is
received by Qwest, the higher in priority is such Option. The Option is limited to
space only and does not include other elements required to provision the
Collocation.
8.4.1.8.6 In order for an Option request to avoid expiration, CLEC must:
a) Submit a Collocation Application during the Option time frame; or
b) The Option may be renewed if a Collocation Space Option
Application is received at least ten (10) calendar days prior to the
expiration of the term of the existing Option. The priority of a renewed
option is determined by the date CLEC accepts the quote from Qwest on
CLEC’s renewal application.
8.4.1.8.7 First Right of Refusal – If Qwest receives a valid Collocation
Application (CLEC A is the requesting Party) for a Qwest Wire Center in which all
available space has been occupied or Optioned, the following provisions for First
Right of Refusal will apply:
8.4.1.8.7.1 All Qwest out of space reporting requirements apply
to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12). In
addition, Qwest will provide CLEC A with Option space information (e.g.,
Caged and Cageless Optioned space) that may fulfill the requirements of
CLEC A’s Collocation Application. At CLEC A’s request, Qwest will
initiate the Option Enforcement Notice process by notifying the Option
Party or Parities with the most recent space Option(s) that meets the
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requirements of CLEC A’s Collocation Application.
8.4.1.8.7.2 The Option Enforcement Notice serves as
notification to the Option Party that Qwest is in possession of a valid
Collocation Application, and calls for the Option Party to exercise their
Right of First Refusal, or relinquish their space Option. The Option Party
may exercise it’s Right of First Refusal by submitting either a Collocation
Application as set forth in Section 8.4.1.5, or by submitting the Collocation
Space Reservation Application set forth in Section 8.4.1.7, within ten (10)
calendar days of receipt of the Option Enforcement Notice. This process
continues for all Optioned space until all Optioned space is exercised or
Optioned space is relinquished (affirmatively by CLEC or upon expiration
of the notice period, whichever is earlier) to fulfill the Collocation
Application. Once Optioned space has been relinquished for use to fulfill
the Collocation Application, the standard ordering terms and conditions
for Collocation shall apply.
8.4.1.8.7.3 Where contiguous space has been Optioned, Qwest
will make its best effort to notify CLEC if Qwest requires the use of the
contiguous space for itself, its Affiliates or CLECs. Upon notification,
CLEC will have seventy-two (72) hours to indicate its intent to submit a
Collocation Application or Collocation Reservation. CLEC may choose to
terminate the contiguous space Option or continue without the contiguous
provision.
8.4.1.8.7.4 The rate elements for the Collocation Space Option
are comprised of the following:
a) Space Option Administration Fee is a nonrecurring fee for
all Collocation Space Option requests and covers the processing
of application, feasibility, common space engineering, records
management, and administration of the First Right of Refusal
process.
b) Space Option Fee is a monthly recurring fee that will be
charged based upon the amount of space being optioned, at two
dollars ($2.00) per square foot per month.
8.4.1.8.8 In the event that the Option Party proceeds with a Collocation
Application for optioned space, all payments made pursuant to Section
8.4.1.8.7.4(b) above shall be applied to such Application.
8.4.1.9 The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation
(Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5)
Collocation Applications per CLEC per week per state. If six (6) or more Collocation
orders are submitted by CLEC in a one-week period in the state, intervals shall be
individually negotiated. Qwest shall, however, accept more than five (5) Applications
from CLEC per week per state, depending on the volume of Applications pending from
other CLECs.
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8.4.2 Ordering - Virtual Collocation
8.4.2.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, Qwest will perform a feasibility study to determine if
adequate space, power and HVAC can be found for the placement of CLEC's equipment
within the Premises. The feasibility study will be provided within ten (10) calendar days
of receipt of a complete Application.
8.4.2.1.1 If Qwest determines that the Application is not complete, Qwest
shall notify CLEC of any deficiencies within ten (10) calendar days of the
Application. Qwest shall provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency. To retain its place in the Collocation queue
for the requested Premises, CLEC must cure any deficiencies in its Application
and resubmit the Application within ten (10) calendar days after being advised of
the deficiencies.
8.4.2.2 Quotation – If Collocation entrance facilities and space are
available, Qwest will develop a price quotation within twenty-five (25) calendar days of
completion of the feasibility study. Subsequent requests to augment an existing
Collocation also require receipt of an Application. Adding plug-ins, e.g., DS1 or DS3
cards to existing virtually collocated equipment, will be processed and provisioned within
ten (10) business days. Virtual Collocation price quotes will be honored for thirty (30)
calendar days from the date the quote is provided. During this period the Collocation
entrance facility and space are reserved pending CLEC's Acceptance of the quoted
charges.
8.4.2.3 Acceptance -- Upon receipt of complete Collocation Acceptance, as
described in 8.4.1.6, space will be reserved and construction by Qwest will begin.
8.4.2.4 Interval -- The interval for Virtual Collocation shall vary depending upon
four factors – 1) whether the request was forecasted in accordance with Section 8.4.1.4
or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC
provides its Acceptance within seven (7) calendar days receipt of the quotation; 3)
whether CLEC delivers its collocated equipment to Qwest in a timely manner, which
shall mean within fifty-three (53) calendar days of the receipt of the complete Collocation
Application; and 4) whether the Application requires major infrastructure additions or
modifications. The installation of line cards and other minor modifications shall be
performed by Qwest on shorter intervals and in no instance shall any such interval
exceed thirty (30) calendar days. When Qwest is permitted to complete a Collocation
installation in an interval that is longer than the standard intervals set forth below, Qwest
shall use its best efforts to minimize the extension of the intervals beyond such standard
intervals.
8.4.2.4.1 Forecasted Applications with Timely Acceptance – If an
Application is included in CLEC’s forecast at least sixty (60) calendar days prior
to submission of the Application, and if CLEC provides a complete Acceptance
within seven (7) calendar days of receipt of the Qwest Collocation quotation, and
if all of CLEC’s equipment is available at the Qwest Premises no later than fifty-
three (53) calendar days after receipt of the complete Collocation Application,
Qwest shall complete its installation of the Collocation arrangement within ninety
(90) calendar days of the receipt of the complete Collocation Application. If
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CLEC’s equipment is not delivered to Qwest within fifty-three (53) calendar days
after receipt of the complete Collocation Application, Qwest shall complete the
Collocation installation within forty-five (45) calendar days of the receipt of all of
CLEC’s equipment.
8.4.2.4.2 Forecasted Applications with Late Acceptance – If a Premises is
included in CLEC’s forecast at least sixty (60) calendar days prior to submission
of the Application, and if CLEC provides a complete Acceptance more than
seven (7) calendar days but less than thirty (30) calendar days after receipt of the
Qwest Collocation quotation, and if all of CLEC’s equipment is available at the
Qwest Premises no later than fifty-three (53) calendar days after receipt of the
complete Collocation Acceptance, Qwest shall complete its installation of the
Collocation arrangement within ninety (90) calendar days of the receipt of the
complete Collocation Acceptance. If CLEC’s equipment is not delivered to
Qwest within fifty-three (53) calendar days after receipt of the complete
Collocation Acceptance, Qwest shall complete the Collocation installation within
forty-five (45) calendar days of the receipt of all of CLEC’s equipment. If CLEC
submits its Acceptance more than thirty (30) calendar days after receipt of the
Qwest quotation, the Application shall be resubmitted by CLEC.
8.4.2.4.3 Unforecasted Applications with Timely Acceptance – If a
Premises is not included in CLEC’s forecast at least sixty (60) calendar days
prior to submission of the Application, and if CLEC provides a complete
Acceptance within seven (7) calendar days of receipt of the Qwest Collocation
quotation, and if all of CLEC’s equipment is available at the Qwest Premises no
later than fifty-three (53) calendar days after receipt of the complete Collocation
Application, Qwest shall complete its installation of the Collocation arrangement
within one hundred and twenty (120) calendar days of the receipt of the complete
Collocation Application. If CLEC’s equipment is not delivered to Qwest within
fifty-three (53) calendar days after receipt of the complete Collocation
Application, Qwest shall complete the Collocation installation within seventy-five
(75) calendar days of the receipt of all of CLEC’s equipment.
8.4.2.4.4 Unforecasted Applications with Late Acceptance – If a Premises
is not included in CLEC’s forecast at least sixty (60) calendar days prior to
submission of the Application, and if CLEC provides a complete Acceptance
more than seven (7) calendar days but less than thirty (30) calendar days after
receipt of the Qwest Collocation quotation, and if all of CLEC’s equipment is
available at the Qwest Premises no later than fifty-three (53) calendar days after
receipt of the complete Collocation Acceptance, Qwest shall complete its
installation of the Collocation arrangement within one hundred and twenty (120)
calendar days of the receipt of the complete Collocation Acceptance. If CLEC’s
equipment is not delivered to Qwest within fifty-three (53) calendar days after
receipt of the complete Collocation Acceptance, Qwest shall complete the
Collocation installation within seventy-five (75) calendar days of the receipt of all
of CLEC’s equipment.
8.4.2.4.5 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided – An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC’s
specific requirements. Major infrastructure modifications that may be required
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include conditioning space, permits, DC Power Plant, Standby Generators,
Heating, Venting or Air Conditioning Equipment. The installation intervals in
Sections 8.4.2.4.3 through 8.4.2.4.4 may be extended, if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, and if all of CLEC’s equipment is
available at the Qwest Premises no later than fifty-three (53) calendar days after
receipt of the complete Collocation Application, Qwest shall propose to complete
its installation of the Collocation arrangement within an interval of no more than
one hundred and fifty (150) calendar days after receipt of the complete
Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case Qwest must
request a waiver from the Commission to obtain an extended interval.
8.4.2.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. – If CLEC’s forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4.2
when CLEC submits a Collocation Application. If not withstanding these efforts,
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval. Qwest may seek a waiver from the Commission to obtain
an extended interval.
8.4.3 Ordering - Caged and Cageless Physical Collocation
8.4.3.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5 Qwest will perform a feasibility study to determine if
adequate space, power, and HVAC can be found for the placement and operation of
CLEC's equipment within the Premises. The feasibility study will be provided within ten
(10) calendar days from date of receipt of a complete Application.
8.4.3.1.1 If Qwest determines that the Application is not complete, Qwest
shall notify CLEC of any deficiencies within ten (10) calendar days of the
Application. Qwest shall provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency. To retain its place in the Collocation queue
for the requested Premises, CLEC must cure any deficiencies in its Application
and resubmit the Application within ten (10) calendar days after being advised of
the deficiencies.
8.4.3.2 Quotation -- If Collocation entrance facilities and space are available,
Qwest will develop a quote for the supporting structure. Qwest will complete the
quotation no later than twenty-five (25) calendar days of providing the feasibility study.
Physical Collocation price quotes will be honored for thirty (30) calendar days from the
date the quote is provided. During this period, the Collocation entrance facility and
space is reserved pending CLEC’s Acceptance of the quoted charges.
8.4.3.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6 space will be reserved and construction by Qwest will begin.
8.4.3.4 Interval – The interval for Physical Collocation shall vary depending upon
three factors – 1) whether the request was forecasted in accordance with Section 8.4.1.4
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or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC
provides its Acceptance within seven (7) calendar days of receipt of the quotation; and,
3) whether the Application requires major infrastructure additions or modifications.
When Qwest is permitted to complete a Collocation installation in an interval that is
longer than the standard intervals set forth below, Qwest shall use its best efforts to
minimize the extension of the intervals beyond such standard intervals.
8.4.3.4.1 Forecasted Applications with Timely Acceptance – If a Premises
is included in CLEC’s forecast at least sixty (60) calendar days prior to
submission of the Application, and if CLEC provides a complete Acceptance
within seven (7) calendar days of receipt of the Qwest Collocation quotation,
Qwest shall complete its installation of the Collocation arrangement within ninety
(90) calendar days of the receipt of the complete Collocation Application.
8.4.3.4.2 Forecasted Applications with Late Acceptance – If a Premises is
included in CLEC’s forecast at least sixty (60) calendar days prior to submission
of the Application, and if CLEC provides a complete Acceptance more than
seven (7) calendar days but less than thirty (30) calendar days after receipt of the
Qwest Collocation quotation, Qwest shall complete its installation of the
Collocation arrangement within ninety (90) calendar days of the receipt of the
complete Collocation Acceptance. If CLEC submits its Acceptance more than
thirty (30) calendar days after receipt of the Qwest quotation, a new Application
shall be resubmitted by CLEC.
8.4.3.4.3 Unforecasted Applications with Timely Acceptance – If a
Premises is not included in CLEC’s forecast at least sixty (60) calendar days
prior to submission of the Application, and if CLEC provides a complete
Acceptance within seven (7) calendar days after receipt of the Qwest Collocation
quotation, Qwest shall complete its installation of the Collocation arrangement
within one hundred and twenty (120) calendar days of the receipt of the complete
Collocation Application.
8.4.3.4.4 Unforecasted Applications with Late Acceptance – If a Premises
is not included in CLEC’s forecast at least sixty (60) calendar days prior to
submission of the Application and if CLEC provides a complete Acceptance more
than seven (7) calendar days but less than thirty (30) calendar days after receipt
of the Qwest Collocation quotation, Qwest shall complete its installation of the
Collocation arrangement within one hundred and twenty (120) calendar days of
the receipt of the complete Collocation Acceptance.
8.4.3.4.5 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided – An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC’s
specific requirements. Major infrastructure modifications that may be required
include conditioning space, permits, DC Power Plant, Standby Generators,
Heating, Venting or Air Conditioning Equipment. The installation intervals in
Sections 8.4.3.4.3 through 8.4.3.4.4 may be extended, if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, Qwest shall propose to complete
its installation of the Collocation Arrangement within an interval of no more than
one hundred and fifty (150) calendar days after receipt of the complete
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Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case Qwest must
request a waiver from the Commission to obtain an extended interval.
8.4.3.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC’s forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4.2
when CLEC submits a Collocation Application. If not withstanding these efforts,
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Qwest may seek a waiver from the Commission to obtain
an extended interval.
8.4.4 Ordering - Interconnection Distribution Frame (ICDF) Collocation
8.4.4.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, Qwest will perform a feasibility study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the Wire Center. The feasibility study will be provided within ten (10) calendar
days from date of receipt of a complete Application. The ICDF Collocation Application
shall include a CLEC-provided eighteen (18) month forecast of demand, by DS0, DS1
and DS3 capacities, that will be terminated on the Interconnection Distribution Frame by
Qwest on behalf of CLEC. Such forecasts shall be used by Qwest to determine the
sizing of required tie cables and the terminations on each Interconnection Distribution
Frame as well as the various other frames within the Qwest Wire Center.
8.4.4.1.1 If Qwest determines that the Application is not complete, Qwest
shall notify CLEC of any deficiencies within ten (10) calendar days of the
Application. Qwest shall provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency. To retain its place in the Collocation queue
for the requested Premises, CLEC must cure any deficiencies in its Application
and resubmit the Application within ten (10) calendar days after being advised of
the deficiencies.
8.4.4.2 Quotation -- If space is available, Qwest will develop a quote for the
supporting structure. Qwest will complete the quotation no later than twenty-five (25)
calendar days of providing the feasibility study. ICDF Collocation price quotes will be
honored for thirty (30) calendar days from the date the quote is provided. During this
period, the space is reserved pending CLEC’s Acceptance of the quoted charges.
8.4.4.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6, space will be reserved and construction by Qwest will
begin.
8.4.4.4 Interval – The interval for ICDF Collocation shall vary depending upon
two (2) factors – 1) whether the request was forecasted in accordance with 8.4.1.4 or the
space was reserved, in accordance with Section 8.4.1.7 and 2) whether CLEC provides
its Acceptance within seven (7) calendar days of the quotation. When Qwest is
permitted to complete a Collocation installation in an interval that is longer than the
standard intervals set forth below, Qwest shall use its best efforts to minimize the
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extension of the intervals beyond such standard intervals.
8.4.4.4.1 Forecasted Applications with Timely Acceptance – If a Premises
is included in CLEC’s forecast at least sixty (60) calendar days prior to
submission of the Application, and if CLEC provides a complete Acceptance
within seven (7) calendar days of receipt of the Qwest Collocation quotation,
Qwest shall complete its installation of the Collocation arrangement within forty-
five (45) calendar days of the receipt of the complete Collocation Application.
8.4.4.4.2 Forecasted Applications with Late Acceptance – If a Premises is
included in CLEC’s forecast at least sixty (60) calendar days prior to submission
of the Application, and if CLEC provides a complete Acceptance more than
seven (7) calendar days but less than thirty (30) calendar days after receipt of the
Qwest Collocation quotation, Qwest shall complete its installation of the
Collocation arrangement within forty-five (45) calendar days of the receipt of the
complete Collocation Acceptance. If CLEC submits its Acceptance more than
thirty (30) days after receipt of the Qwest quotation, the Application shall be
resubmitted by CLEC.
8.4.4.4.3 Unforecasted Applications with Timely Acceptance – If a
Premises is not included in CLEC’s forecast at least sixty (60) calendar days
prior to submission of the Application, and if CLEC provides a complete
Acceptance within seven (7) calendar days after receipt of the Qwest Collocation
quotation, Qwest shall complete its installation of the Collocation arrangement
within ninety (90) calendar days of the receipt of the complete Collocation
Application. This interval may be lengthened if space must be reclaimed or
reconditioned. The need for an extended interval shall be provided to CLEC as a
part of the quotation. CLEC may dispute the need for an extended interval, in
which case Qwest must request a waiver from the Commission.
8.4.4.4.4 Unforecasted Applications with Late Acceptance – If a Premises
is not included in CLEC’s forecast at least sixty (60) calendar days prior to
submission of the Application and if CLEC provides a complete Acceptance more
than seven (7) calendar days but less than thirty (30) calendar days after receipt
of the Qwest Collocation quotation, Qwest shall complete its installation of the
Collocation arrangement within ninety (90) calendar days of the receipt of the
complete Collocation Acceptance. This interval may be lengthened if space must
be reclaimed or reconditioned. The need for an extended interval shall be
provided to CLEC as a part of the quotation. CLEC may dispute the need for an
extended interval, in which case Qwest must request a waiver from the
Commission.
8.4.5 Ordering – Adjacent Collocation
8.4.5.1 If space for Physical Collocation in a particular Qwest Premises is not
available at the time of CLEC’s request, CLEC may request Qwest to conduct a
feasibility study for Adjacent Collocation for that Premises site. Qwest recommends that
Qwest and CLEC conduct a joint site visit of such Premises to determine if suitable
arrangements can be provided on Qwest’s property. Qwest will make available, within
ten (10) business days, drawings of the Qwest physical structures above and below
ground for the requested Adjacent Collocation site.
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8.4.5.2 If a new structure is to be constructed, the interval shall be developed on
an Individual Case Basis, to account for the granting of permits or ROW, if required, the
provision of Collocation services by Qwest, in accordance with CLEC’s Application, and
the construction by CLEC of the adjacent structure. If CLEC disputes the interval
proposed by Qwest, Qwest must promptly petition the Commission for approval of such
disputed interval.
8.4.5.3 If Adjacent Collocation is provided within an existing Qwest Premises,
the ordering procedures and intervals for Physical Collocation shall apply.
8.4.6 Ordering – Remote Collocation and Adjacent Remote Collocation
8.4.6.1 The ordering procedures and intervals for Physical Collocation or Virtual
Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation
provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4.
Remote Collocation and Adjacent Remote Collocation are ordered using the Remote
Collocation Application Form.
8.4.6.2 If space for Physical Collocation or Virtual Collocation in a particular
Qwest Remote Premises is not available at the time of CLEC’s request, CLEC may
order Adjacent Remote Collocation using the ordering procedures described above for
Adjacent Collocation in Sections 8.4.5.1 and 8.4.5.2.
8.4.7 Ordering – CLEC to CLEC Connections
8.4.7.1 Application -- Upon receipt of the applicable portions of a complete
Collocation Application as described in Section 8.4.1.5 (Subsections a, e, h and j).
Qwest will perform a feasibility study to determine if adequate cable racking can be
found for the placement of CLEC's copper, coax, or fiber optic cable, or any other
Technically Feasible method used to interconnect CLEC’s collocated equipment that is
in separate locations in the same Qwest Premises, or to another CLEC’s equipment in
the same Premises. The feasibility study will be provided within ten (10) calendar days
from date of receipt of a complete Application
8.4.7.1.1 If Qwest determines that the Application is not complete, Qwest
shall notify CLEC of any deficiencies within ten (10) calendar days of the
Application. Qwest shall provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency. To retain its place in the Collocation queue
for the requested Premises, CLEC must cure any deficiencies in its Application
and resubmit the Application within ten (10) calendar days after being advised of
the deficiencies.
8.4.7.2 Quotation -- If existing cable racking is available, Qwest will provide
CLEC with a quote and the specific cable rack route to CLEC with the feasibility study. If
additional cable racking is required to accommodate CLEC’s request, Qwest shall
provide a feasibility and quote to CLEC no later than ten (10) calendar days of receipt of
Collocation Application. CLEC-to-CLEC Connection quotes will be honored for thirty
(30) calendar days from the date the quote is provided. During this period, the space is
reserved pending CLEC’s Acceptance of the quoted charges.
8.4.7.3 Acceptance -- There are two forms of Acceptance for CLEC-to-CLEC
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Connections:
8.4.7.3.1 CLEC-to-CLEC connections with existing cable rack. – CLEC
must submit payment of one hundred percent (100%) of the quoted nonrecurring
charges with its Acceptance. Upon receipt of a complete Collocation
Acceptance, CLEC may begin placement of its copper, coax, or fiber cables
along the Qwest designated cable rack route. Recurring charges will begin with
CLEC Acceptance.
8.4.7.3.2 CLEC-to-CLEC Connections using new cable rack. – Upon
receipt of a complete Acceptance from CLEC, as described in Section 8.4.1.6,
Qwest will begin construction of the new cable rack.
8.4.7.4 Interval – Pursuant to Section 8.4.7.3.2, the construction interval for
CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall
be within sixty (60) calendar days of the receipt of the complete Collocation Acceptance.
If CLEC submits its Acceptance more than thirty (30) calendar days after receipt of the
Qwest quotation, the Application shall be resubmitted by CLEC.
8.4.8 Ordering – Direct Connections
8.4.8.1 Application – Where Direct Connection is requested in a Wire Center
where CLEC already has established Collocation, upon receipt of the applicable portions
of a complete Collocation Application as described in Section 8.4.1.5 (Subsections a, e,
h and j), Qwest will perform a feasibility study to determine if adequate cable racking can
be found for the placement of copper, coax, or fiber optic cable, or any other Technically
Feasible method, used for Direct Connection (as described in Section 8.3.1.11.2. The
feasibility study will be provided within ten (10) calendar days from date of receipt of a
complete Application.
8.4.8.1.1 If Qwest determines that the Application is not complete, Qwest
shall notify CLEC of any deficiencies within ten (10) calendar days of the
Application. Qwest shall provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency. To retain its place in the Collocation queue
for the requested Premises, CLEC must cure any deficiencies in its Application
and resubmit the Application within ten (10) calendar days after being advised of
the deficiencies.
8.4.8.2 Quotation – If existing cable racking is available, Qwest will provide
CLEC with a quote and the specific cable rack route with the feasibility study. If
additional cable racking is required to accommodate CLEC’s request, Qwest shall
provide a quote to CLEC no later than ten (10) calendar days after receipt of a complete
Collocation Application. Direct Connection quotes will be honored for thirty (30) calendar
days from the date the quote is provided. During this period, the space is reserved
pending CLEC’s Acceptance of the quoted charges.
8.4.8.3 Acceptance – There are two (2) forms of Acceptance for Direct
Connection:
8.4.8.3.1 Direct Connection with existing cable rack. – CLEC must submit
payment of one hundred percent (100%) of the quoted nonrecurring charges with
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its acceptance notification.
8.4.8.3.2 Direct Connection using new cable rack. – Upon receipt of a
complete Acceptance from CLEC, as described in Section 8.4.1.6, Qwest will
begin construction of the new cable rack.
8.4.8.4 Interval – The construction interval for Direct Connections shall be
dependent upon whether the Direct Connection is to the COSMIC frame requiring a
MELD and or if new cable racking is required.
8.4.8.4.1 If CLEC provides a complete Acceptance within thirty (30)
calendar days of receipt of the Qwest Collocation quotation, Qwest shall
complete its installation of the Direct Connection above the DS-0 level where no
new cable racking is required within thirty (30) calendar days of the receipt of the
complete Collocation Acceptance. If Direct Connection is required at the DS0
level, to the COSMIC, or if new cable racking needs to be installed, Qwest will
provision the direct trunking within sixty (60) calendar days of the receipt of the
complete Collocation Acceptance.
8.5 Billing
8.5.1 Billing - All Collocation
8.5.1.1 Upon completion of the Collocation construction activities and payment
of the remaining nonrecurring balance, Qwest will provide CLEC a completion package
that will initiate the recurring Collocation charges. Once this completion package has
been signed by CLEC and Qwest, and Qwest has received the final fifty percent (50%)
balance, Qwest will activate CLEC transport services and/or UNEs or ancillary services
coincident with completion of the Collocation.
8.5.1.2 In the event Qwest has completed all associated construction activities
and CLEC has not completed its associated activities (e.g., delivering fiber to the C-POI,
or providing the equipment cables for connecting to the Interconnection Distribution
Frame), Qwest will bill an adjusted amount of the remaining nonrecurring balance, close
the job, and begin Billing the monthly recurring rent charge. In those instances where
the job is delayed due to CLEC not having its fiber to the POI, Qwest will request the
balance due minus the dollar amount specific to this work activity, and begin Billing the
monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can
request Qwest to return and complete the splicing activity at the rate reflected in this
Agreement. In the case of missing equipment cables, CLEC will be responsible for
installing the cables if not delivered at job completion. The installation activity must be
conducted by a Qwest approved vendor and follow the designated racking route. Final
test and turn-up will be performed under the Maintenance and Repair process contained
herein.
8.5.2 Billing - Virtual Collocation
8.5.2.1 Virtual Collocation will be considered complete when the Premises is
Ready for Service (RFS). Cooperative testing between CLEC and Qwest may be
negotiated and performed to ensure continuity and acceptable transmission parameters
in the facility and equipment.
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8.5.3 Billing - Caged and Cageless Physical Collocation
8.5.3.1 Payment for the remaining nonrecurring charges shall be upon the RFS
date. Upon completion of the construction activities and payment of the remaining
nonrecurring charges, Qwest will schedule a walk through of the space with CLEC.
During this joint walk through, Qwest will turn over access to the space and provide
security access to the Premises. Upon completion of the Acceptance walk through,
CLEC will be provided the Caged or Cageless Physical Collocation completion package
(i.e. all ordering information). The monthly Billing for leased space, DC Power, Entrance
Facility, and other associated monthly charges will commence with CLEC sign off on the
completion of the physical space. CLEC may then proceed with the installation of its
equipment in the Collocation space, unless early access has been arranged pursuant to
Section 8.2.3.7. If Qwest, despite its best efforts, including notification through the
contact number on the Collocation Application, is unable to schedule the walk through
with CLEC within twenty-one (21) calendar days of the RFS, Qwest shall activate the
monthly recurring charges.
8.6 Maintenance and Repair
8.6.1 Virtual Collocation
8.6.1.1 Maintenance Labor, Inspector Labor, Engineering Labor and Equipment
Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm
(local time) and after business hours are after 5:00 pm and before 8:00 am (local time),
Monday through Friday, all day Saturday, Sunday and holidays.
8.6.1.2 Installation and maintenance of CLEC’s virtually collocated equipment
will be performed by Qwest or a Qwest authorized vendor.
8.6.1.3 Upon failure of CLEC’s virtually collocated equipment, Qwest will
promptly notify CLEC of such failure and the corrective action that is needed. Qwest will
repair such equipment within the same time periods and with failure rates that are no
greater than those that apply to the performance of similar functions for comparable
equipment of Qwest. CLEC is responsible for transportation and delivery of
maintenance spares to Qwest at the Premises housing the failed equipment. CLEC is
responsible for purchasing and maintaining a supply of spares.
8.6.2 Physical Collocation
8.6.2.1 CLEC is responsible for the Maintenance and Repair of its equipment
located within CLEC's leased space.
8.6.3 Interconnection Distribution Frame
8.6.3.1 CLEC is responsible for block and jumper inventory and maintenance at
the Interconnection Distribution Frame and using industry accepted practices for its
terminations. Additionally, CLEC is responsible for having jumper wire and tools for
such operations. Qwest is responsible for the overall repair and maintenance of the
frame; including horizontal and vertical mounting positions, cable raceways, rings, and
troughs, and general housekeeping of the frame.
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8.6.4 Adjacent Collocation and Adjacent Remote Collocation
8.6.4.1 CLEC is responsible for the Maintenance and Repair of its equipment
located within CLEC’s Adjacent Collocation and Adjacent Remote Collocation space.
8.6.5 Reserved for Future Use.
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SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS
9.1 General Terms
9.1.1 Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements Qwest is required to
unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement by
amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in
Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws, the Bona
Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that
Qwest furnish additional or revised UNEs to the extent required under Section 251(c)(3) of the
Act and other Applicable Laws. Failure to list a UNE herein shall not constitute a waiver by
CLEC to obtain a UNE subsequently defined by the FCC or the state Commission.
9.1.2 Qwest shall provide non-discriminatory access to Unbundled Network Elements
on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of
an Unbundled Network Element Qwest provides, as well as the access provided to that
element, will be equal between all Carriers requesting access to that element; second, where
Technically Feasible, the access and Unbundled Network Element provided by Qwest will be
provided in "substantially the same time and manner" to that which Qwest provides to itself or to
its Affiliates. In those situations where Qwest does not provide access to Network Elements to
itself, Qwest will provide access in a manner that provides CLEC with a meaningful opportunity
to compete. For the period of time Qwest provides access to CLEC to an Unbundled Network
Element, CLEC shall have exclusive use of the Network Element, except when the provisions
herein indicate that a Network Element will be shared (such as Shared Transport).
Notwithstanding the foregoing, Qwest shall provide access and UNEs at the service
performance levels set forth in Section 20. Notwithstanding specific language in other sections
of this Agreement, all provisions of this Agreement regarding Unbundled Network Elements are
subject to this requirement. In addition, Qwest shall comply with all state wholesale service
quality requirements.
9.1.2.1 If facilities are not available, Qwest will build facilities dedicated to an
End User Customer if Qwest would be legally obligated to build such facilities to meet its
Provider of Last Resort (POLR) obligation to provide basic Local Exchange Service or its
Eligible Telecommunications Carrier (ETC) obligation to provide primary basic Local
Exchange Service. CLEC will be responsible for any construction charges for which an
End User Customer would be responsible. In other situations, Qwest does not agree
that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant to
Section 9.19 of this Agreement.
9.1.2.1.1 Upon receipt of an LSR or ASR, Qwest will follow the same
process that it would follow for an equivalent retail service to determine if
assignable facilities exist that fit the criteria necessary for the service requested.
If available facilities are not readily identified through the normal assignment
process, but facilities can be made ready by the requested Due Date, CLEC will
not receive an additional FOC, and the order Due Date will not be changed.
9.1.2.1.2 If cable capacity is available, Qwest will complete incremental
facility work (i.e., conditioning, place a drop, add a network interface device, card
existing subscriber Loop carrier systems at the Central Office and remote
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terminal, add Central Office tie pairs, add field cross jumpers) in order to
complete facilities to the Customer Premises.
9.1.2.1.3 During the normal assignment process, if no available facilities are
identified for the UNE requested, Qwest will look for existing engineering job
orders that could fill the request in the future. If an engineering job currently
exists, Qwest will add CLEC's request to that engineering job and send CLEC a
jeopardy notice. Upon completion of the engineering job, Qwest will send CLEC
another FOC with a new Due Date. If facilities are not available and no
engineering job exists that could fill the request in the future, Qwest will treat
CLECs request as follows:
9.1.2.1.3.1 For UNEs that meet the requirements set forth in Section
9.1.2.1, CLEC will receive a jeopardy notice. Qwest will initiate an
engineering job order for delivery of primary service to the End User
Customer. When the engineering job is completed, CLEC will receive
another FOC identifying a new Due Date when the Loop will be ready for
installation. Upon receipt of the second FOC, CLEC can request a
different Due Date by submitting a SUP to change the Due Date to a later
date.
9.1.2.1.3.2 For UNEs that do not meet the requirements in Section
9.1.2.1, Qwest will send CLEC a rejection notice canceling the LSR or
ASR. Upon receipt of the rejection notice, CLEC may submit a request to
build UNEs pursuant to Section 9.19 of this Agreement.
9.1.2.1.4 Qwest will provide CLEC notification of major Loop facility builds
through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds $100,000 in total cost,
the estimated Ready for Service Date, the number of pairs or fibers added, and
the location of the new facilities (e.g., Distribution Area for copper distribution,
route number for copper feeder, and termination CLLI codes for fiber). CLEC
acknowledges that Qwest does not warrant or guarantee the estimated Ready for
Service Dates. CLEC also acknowledges that funded Qwest outside plant
engineering jobs may be modified or cancelled at any time.
9.1.3 Reserved for Future Use.
9.1.4 Qwest will provide a connection between Unbundled Network Elements and a
Loop Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is
required for each Unbundled Network Element or ancillary service delivered to CLEC. The ITP
provides the connection between the Unbundled Network Element and the ICDF or other
Central Office Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges
for the ITP are contained in Exhibit A. CLEC may order regeneration along with an ITP, and the
charges listed in Exhibit A will apply. The ITP may be ordered per termination. The
Demarcation Point shall be:
a) at CLEC-provided Cross Connection equipment located in CLEC’s Virtual or
Physical Collocation Space; or
b) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution
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Frame (ICDF); or
c) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation, at the ICDF; or
d) if CLEC elects to use a direct connection from its Collocation space to the
distribution frame serving a particular element, at the distribution frame; or
e) at another Central Office Demarcation Point mutually-agreed to by the
Parties.
9.1.5 CLEC may connect Network Elements in any Technically Feasible manner.
Qwest will provide CLEC with the same features, functions and capabilities of a particular
element or combinations of elements that Qwest provides to itself. Qwest will provide CLEC
with all of the features and functionalities of a particular element or combination of elements
(regardless of whether such combination of elements is ordered from Qwest in combination or
as elements to be combined by CLEC), so that CLEC can provide any Telecommunications
Services that can be offered by means of such element or combination of elements. Qwest will
provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such
elements to provide any Telecommunications Services. Qwest shall not in any way restrict
CLECs use of any element or combination of elements (regardless of whether such combination
of elements is ordered from Qwest in combination or as elements to be combined by CLEC)
except as Qwest may be expressly permitted or required by Existing Rules.
9.1.6 Except as set forth in Section 9.23, the UNE Combinations Section, Qwest
provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this
paragraph are contained in Exhibit A to this Agreement.
9.1.6.1 When elements are provisioned by Qwest on an individual element basis
(whether or not such elements are combined by CLEC with other elements provided by
Qwest or CLEC):
a) Qwest will perform testing necessary or reasonably requested by
CLEC, to determine that such UNE is capable of meeting the technical
parameters established for each UNE.
b) Qwest will repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. CLEC is
responsible for the end–to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.
c) Qwest will cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to assist in determining end-to-end
transmission and circuit functionality of such UNE.
9.1.6.2 When elements are provisioned by Qwest in combination:
a) Qwest will perform testing necessary or reasonably requested by
CLEC to determine that such combination and each UNE included in such
combination is capable of meeting the technical parameters of the combination.
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b) Qwest will repair and maintain such combination and each UNE
included in such combination to ensure that such UNE continues to meet the
technical parameters of the combination.
c) Qwest will cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to determine end-to-end
transmission and circuit functionality of such combination.
9.1.7 Installation intervals for Unbundled Network Elements are contained in Exhibit C.
9.1.8 Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT, which is located on the Qwest Web site.
9.1.9 In order to maintain and modernize the network properly, Qwest may make
necessary modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities will result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect
network Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits,
and new area code implementation. FCC rules are contained in CFR Part 51 and 52. Qwest
provides such disclosures on an Internet web site.
9.1.10 Channel Regeneration Charge. This charge is required when the distance from
the Qwest network to the leased physical space (for Physical Collocation), the collocated
equipment (for Virtual Collocation), or the ICDF (for ICDF Collocation) is of sufficient length to
require regeneration. Cable distance limitations are based on ANSI Standard T1.102-1993
"Digital Hierarchy – Electrical Interface; Annex B." Channel Regeneration Charges shall not
apply if Qwest fails to make available to CLEC: (a) a requested, available location at which
regeneration would not be necessary or (b) Collocation space that would have been available
and sufficient but for its reservation for the future use of Qwest.
9.1.11 Exhibit A of this Agreement contains the rates for Unbundled Network Elements.
9.1.12 Miscellaneous Charges are defined in the Definitions Section. Miscellaneous
Charges are in addition to nonrecurring and recurring charges set forth in Exhibit A.
Miscellaneous Charges apply to activities CLEC requests Qwest perform, activities CLEC
authorizes, or charges that are a result of CLECs actions, such as cancellation charges. Rates
for Miscellaneous Charges are contained in Exhibit A. Unless otherwise provided for in this
Agreement, no additional charges will apply.
9.2 Unbundled Loops
9.2.1 Description
The Local Loop Network Element is defined as a transmission facility between a distribution
frame (or its equivalent) in an incumbent LEC Central Office and the Loop Demarcation Point at
an End User premises. The Local Loop Network Element includes all features, functions, and
capabilities of such transmission facility. Those features, functions, and capabilities include, but
are not limited to, Dark Fiber, attached electronics (except those electronics used for the
provision of Advanced Services, such as Digital Subscriber Line Access Multiplexers), and line
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conditioning. The Local Loop includes, but is not limited to, DS0, DS1, DS3, fiber, and other
high capacity Loops.
9.2.1.1 "Loop Demarcation Point" – is defined for purposes of this section as the
point where Qwest owned or controlled facilities cease, and CLEC, End User, owner or
landlord ownership of facilities begins.
9.2.2 Terms and Conditions
9.2.2.1 Qwest shall provide CLEC, on a non-discriminatory basis, Unbundled
Loops, (unbundled from local switching and transport) of substantially the same quality
as the Loop that Qwest uses to provide service to its own End Users. For Unbundled
Loops that have a retail analogue, Qwest will provide these Unbundled Loops in
substantially the same time and manner as Qwest provides to its own End Users.
Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
9.2.2.1.1 Use of the word "capable" to describe Loops in Section 9.2
means that Qwest assures that the Loop meets the technical standards
associated with the specified Network Channel/Network Channel Interface
codes, as contained in the relevant technical publications and industry standards.
9.2.2.1.2 Use of the word "compatible" to describe Loops in Section 9.2
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. Qwest makes no assumptions as
to the capabilities of CLEC’s Central Office equipment or the Customer Premises
Equipment.
9.2.2.2 Analog (Voice Grade) Unbundled Loops. Analog (voice grade)
Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point
configuration suitable for local exchange type services. For the two-wire configuration,
CLEC must specify the signaling option. The actual Loop facilities may utilize various
technologies or combinations of technologies.
9.2.2.2.1 If Qwest uses Integrated Digital Loop Carrier (IDLC) systems to
provide the Local Loop, Qwest will first attempt, to the extent possible, to make
alternate arrangements such as Line and Station Transfers (LST), to permit
CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not available,
Qwest may also seek alternatives such as Integrated Network Access (INA), hair
pinning, or placement of a Central Office terminal, to permit CLEC to obtain an
Unbundled Loop. If no such facilities are available, Qwest will make every
feasible effort to unbundle the IDLC in order to provide the Unbundled Loop for
CLEC.
9.2.2.2.1.1 In areas where Qwest has deployed amounts of
IDLC that are sufficient to cause reasonable concern about a CLEC's
ability to provide service through available copper facilities on a broad
scale, CLEC shall have the ability to gain access to Qwest information
sufficient to provide CLEC with a reasonably complete identification of
such available copper facilities. Qwest shall be entitled to mediate
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access in a manner reasonably related to the need to protect confidential
or Proprietary Information. CLEC shall be responsible for Qwest's
incremental costs to provide such information or access mediation.
9.2.2.2.2 If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop. Qwest will provide an Analog Unbundled
Loop that meets the state technical standards. If necessary to meet the state
standards, Qwest will, at no cost to CLEC, remove load coils and Bridged Taps
from the Loop in accordance with the requirements of the specific technical
standard.
9.2.2.3 Digital Capable Loops – DS1 and DS3 Capable Loops, Basic Rate (BRI)
ISDN Capable Loops, 2/4 Wire Non-Loaded Loops, ADSL Compatible Loops and xDSL-I
Capable Loops. Unbundled digital Loops are transmission paths capable of carrying
specifically formatted and line coded digital signals. Unbundled digital Loops may be
provided using a variety of transmission technologies including, but not limited to,
metallic wire, metallic wire based digital Loop carrier, and fiber optic fed digital carrier
systems. Qwest will provision digital Loops in a non-discriminatory manner, using the
same facilities assignment processes that Qwest uses for itself to provide the requisite
service. Digital Loops may use a single or multiple transmission technologies. DC
continuity does not apply to digital capable Loops. If conditioning is required, then CLEC
shall be charged for such conditioning as set forth in Exhibit A if it authorized Qwest to
perform such conditioning.
9.2.2.3.1 Qwest shall provide fiber and other high capacity Loops
including but not limited to OC3, OC12, OC48 and OC192 Loops. With the
exception of the digital Loops identified in Section 9.2.2.3, Qwest shall provide
unbundled fiber and high capacity Loops to CLEC(s) where facilities are available
and existing on an ICB basis. Qwest will provision fiber and other high capacity
Loops in a non-discriminatory manner, using the same facilities assignment
processes that Qwest uses for itself to provide the requisite service. DC
continuity does not apply to fiber and other high capacity Loops provided under
this Section. Qwest shall allow CLEC to access these high capacity Loops at
accessible terminals including DSXs, FDPs or equivalent in the Central Office,
Customer premises, or at Qwest owned outside plant structures (e.g., CEVs, RTs
or huts) as defined in Section 9.3.1.1. Nonrecurring and recurring charges shall
apply for fiber and other high capacity Loops provided under this Section as set
forth in Exhibit A.
9.2.2.3.2 If CLEC orders a 2/4 wire non-loaded or ADSL compatible
Unbundled Loop for a Customer served by a digital Loop carrier system Qwest
will conduct an assignment process which considers the potential for a LST or
alternative copper facility. If no copper facility capable of supporting the
requested service is available, then Qwest will reject the order.
9.2.2.4 Non-Loaded Loops. CLEC may request that Qwest provide a non-
loaded Unbundled Loop. In the event that no such facilities are available, CLEC may
request that Qwest condition existing spare facilities. CLEC may indicate on the LSR
that it pre-approves conditioning if conditioning is necessary. If CLEC has not pre-
approved conditioning, Qwest will obtain CLEC's consent prior to undertaking any
conditioning efforts. Upon CLEC pre-approval or approval of conditioning, and only if
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conditioning is necessary, Qwest will dispatch a technician to condition the Loop by
removing load coils and excess Bridged Taps to provide CLEC with a non-loaded Loop.
CLEC will be charged the nonrecurring conditioning charge (i.e., cable unloading and
Bridged Taps removal), if applicable, in addition to the Unbundled Loop installation
nonrecurring charge.
9.2.2.4.1 Where Qwest fails to meet a Due Date for performing Loop
conditioning, CLEC shall be entitled to a credit equal to the amount of any
conditioning charges applied, where it does not secure the Unbundled Loop
involved within three (3) months of such Due Date. Where Qwest does not
perform conditioning in accord with the standards applicable under this
Agreement, CLEC shall be entitled to a credit of one-half of the conditioning
charges made, unless CLEC can demonstrate that the Loop as conditioned is
incapable of substantially performing the functions normally within the
parameters applicable to such Loop as this Agreement requires Qwest to deliver
it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a
credit of all conditioning charges, except where CLEC asks Qwest to cure any
defect and Qwest does so. In the case of such cure, CLEC shall be entitled to
the one-half (1/2) credit identified above.
9.2.2.5 When CLEC requests a Basic Rate ISDN capable or an xDSL-I capable
Loop, Qwest will dispatch a technician, if necessary, to provide Extension Technology
that takes into account for example: the additional regenerator placement, Central Office
powering, Mid-Span repeaters, if required, BRITE cards in order to provision the Basic
Rate ISDN capable and xDSL-I capable Loop. Extension Technology may be required
in order to bring the circuit to the specifications necessary to accommodate the
requested service. If the Circuit Design requires Extension Technology, to bring it up to
the design standards, it will be added by Qwest, at no charge. Extension Technology
can also be requested by CLEC to meet their specific needs. If Extension Technology is
requested by CLEC, but is not required to meet the technical standards, then Qwest will
provide the requested Extension Technology and will charge CLEC. Qwest will provision
ISDN (BRI) Capable and xDSL-I capable Loops using the specifications in the Technical
Publication 77384. Refer to that document for more information. CLEC will be charged
an Extension Technology recurring charge in addition to the Unbundled Loop recurring
charge, if applicable, as specified in Exhibit A of this Agreement. The ISDN Capable
Loop may also require conditioning (e.g., removal of load coils or Bridged Taps).
9.2.2.6 For DS1 or DS3 capable Loops, Qwest will provide the necessary
electronics at both ends, including any intermediate repeaters. In addition, CLEC will
have access to these terminations for testing purposes.
9.2.2.6.1 DS-1 capable Loops provide a transmission path between a
Central Office network interface at a DS-1 panel or equivalent in a Qwest serving
Central Office and the network interface at the End User location. DS-1 capable
Loops transport bi-directional DS-1 signals with a nominal transmission rate of
1.544 Mbit/s. DS-1 capable Loops shall meet the design requirements specified
in Technical Publication 77375 (Unbundled Loops) and 77375 (DS1).
9.2.2.6.2 DS3 capable Loops provide a transmission path between a
Qwest Central Office network interface and an equivalent network interface at an
End User location. DS3 capable Loops transport bi-directional DS3 signals with
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a nominal transmission rate of 44.736 Mbit/s. DS3 capable Loops shall meet the
design requirements specified in Technical Publications 77384 (Unbundled Loop)
and 77324 (DS-3).
9.2.2.7 Qwest is not obligated to provision BRI-ISDN, xDSL-I, DS1, or DS3
capable or ADSL compatible Loops to End User Customers in areas served exclusively
by Loop facilities or transmission equipment that are not compatible with the requested
service.
9.2.2.8 Loop Qualification Tools. Qwest offers five (5) Loop qualification tools:
the ADSL Loop Qualification Tool, Raw Loop Data Tool, POTS Conversion to
Unbundled Loop Tool, MegaBit Qualification Tool, and ISDN Qualification Tool. These
and any future Loop qualification tools Qwest develops will provide CLEC access to
Loop qualification information in a nondiscriminatory manner and will provide CLEC the
same Loop qualification information available to Qwest. If the Loop make-up information
for a particular facility is not contained in the Loop qualification tools or if the Loop
qualification tools return unclear or incomplete information, then CLEC may request that
Qwest perform a manual search of the company's records, back office systems and
databases where Loop information resides. Qwest will provide CLEC, via email, the
Loop information identified during the manual search within forty-eight (48) hours of
Qwest’s receipt of CLEC’s request for manual search. The email will contain the
following Loop makeup information: composition of the Loop material; location and type
of pair gain devices, terminals, Bridged Tap, and load coils; Loop length, and wire
gauge. After completion of the investigation, Qwest will load the information into the
LFACS database, which will populate the fields in the Loop qualification tools.
9.2.2.8.1 ADSL Loop Qualification Tool. CLEC may use the ADSL Loop
Qualification tool to pre-qualify the requested circuit utilizing the existing
telephone number or address to determine whether it meets ADSL specifications.
The qualification process screens the circuit for compliance with the design
requirements specified in Technical Publication 77384.
9.2.2.8.2 Raw Loop Data Tools. Qwest offers two (2) types of Raw Loop
Data Tool. If CLEC has a digital certificate, CLEC may access the Wire Center
Raw Loop Data Tool via www.ecom.qwest.com. The Wire Center Raw Loop
Data Tool provides CLEC the following information: Wire Center CLLI code,
cable name, pair name, terminal address, MLT distance, segment (F1, F2), sub-
segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, and pair gain type. CLEC
may also access the IMA Raw Loop Data Tool for Loop specific information. The
IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This
tool provides CLEC the following information: Wire Center CLLI code, cable
name, pair name, terminal address, MLT distance, segment (F1, F2), sub-
segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, number of loads, and pair
gain type.
9.2.2.8.3 POTS Conversion to Unbundled Loop Tool. The POTS
Conversion to Unbundled Loop Tool is available to CLECs through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and
whether there are loads on the Loop.
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9.2.2.8.4 MegaBit Qualification Tool. The MegaBit Qualification Tool is
available to CLECs through IMA-GUI or IMA-EDI. This tool provides a "yes/no"
answer regarding the Loop's ability to support Qwest DSL (formerly MegaBit)
service. If the MegaBit Qualification Tool returns a "no" answer, it provides a
brief explanation.
9.2.2.8.5 ISDN Qualification Tool. The ISDN Qualification Tool is
available to CLECs through IMA-GUI or IMA-EDI. This tool permits CLEC to
view information on multiple lines and will inform CLEC of the number of lines
found. If an ISDN capable Loop is found, the tool identifies the facility and, if
applicable, pair gain.
9.2.2.9 Provisioning Options. Six (6) Provisioning options are available for
Unbundled Loop elements. Charges for these Provisioning options vary depending on
the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing
parameters are described below and in Qwest Technical Publication 77384.
9.2.2.9.1 Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion, Qwest will call CLEC to notify
CLEC that the Qwest work has been completed.
9.2.2.9.1.1 For an existing End User, the Basic Installation
option is a "lift and lay" procedure. The Central Office Technician (COT)
"lifts" the Loop from its current termination and "lays" it on a new
termination connecting to CLEC. There is no associated circuit testing
performed.
9.2.2.9.1.2 For new End User service, the Basic Installation
option involves the COT and Field Technician (CST/NT) completing
circuit wiring and performing the required performance tests to ensure the
new circuit meets the required parameter limits. The test results are NOT
provided to CLEC.
9.2.2.9.1.3 For basic installation of existing 2/4 wire analog
Loops, Qwest provides a Quick Loop with or without Local Number
Portability (LNP) option, that enables CLEC to receive the Quick Loop
installation interval as set forth in Exhibit C. Quick Loop installation
without LNP includes only a simple lift and lay procedure. Quick Loop
with LNP installation provides a lift and lay, and the LNP functions. Quick
Loop is not available with cooperative testing, coordinated installation, or
when unbundling from an IDLC to a copper alternative.
9.2.2.9.2 Basic Installation with Performance Testing. Basic Installation
with Performance Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.2.1 For an existing End User, Basic Installation with
Performance Testing is a "lift and lay" procedure. The Central Office
Technician (COT) "lifts" the Loop from its current termination and "lays" it
on a new termination connecting CLEC. The COT and
Implementor/Tester perform the required performance tests to ensure that
the new circuit meets required parameter limits.
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9.2.2.9.2.2 The Qwest Implementor/Tester will read the test
results to CLEC on close-out and email the performance test results
within two (2) business days to a single, designated CLEC office email
address.
9.2.2.9.2.3 For new End User service, the Basic Installation with
Performance Testing option requires a dispatch to the End User
premises. The COT and Field Technician complete circuit wiring and
perform the required performance tests to ensure the new circuit meets
the required parameter limits. These test results are read to CLEC by the
Qwest Implementor/Tester on close-out. Within two (2) business days,
Qwest will email the performance test results to a single, designated
CLEC office email address.
9.2.2.9.3 Coordinated Installation with Cooperative Testing. Coordinated
installation with cooperative testing may be ordered for new or existing service.
For both new and existing service, CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DD), at the CLEC designated
"Appointment Time", the Qwest Implementor/Tester contacts CLEC to ensure
CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of
the scheduled appointment time, then CLEC must reschedule the installation by
submitting a supplemental LSR for a new Due Date and appointment time. If
Qwest is not ready within thirty (30) minutes of the scheduled appointment time,
Qwest will waive the nonrecurring charge for the installation option, and the
Parties will attempt to set a new appointment for the same day. If Qwest fails to
perform cooperative testing due to Qwest’s fault, Qwest will waive the
nonrecurring charge for the installation option. If CLEC still desires cooperative
testing, the Parties will attempt to set a new appointment time on the same day
and, if unable to do so, Qwest will issue a jeopardy notice and a FOC with a new
Due Date.
9.2.2.9.3.1 For an existing End User, Coordinated Installation
with Cooperative Testing is a "lift and lay" procedure with cooperative
testing. The COT completes the installation in the Central Office and
performs testing that CLEC requests. Upon completion of Qwest
performance testing, the Qwest Implementor/Tester will contact CLEC,
read the Qwest test results, and begin CLEC cooperative testing. Within
two (2) business days, Qwest will email the Qwest test results to a single,
designated CLEC office email address. CLEC will be charged for any
Provisioning test CLEC requests that is not defined in the Qwest
Technical Publication 77384.
9.2.2.9.3.2 For new End User service, Coordinated Installation
with Cooperative Testing may require a dispatch of a technician to the
End User premises. The COT and Field Technician complete circuit
wiring and perform the required performance tests to ensure that the new
circuit meets required parameter limits. Upon completion of Qwest
performance testing, the Qwest Implementor/Tester will contact CLEC,
read the Qwest test results, and begin CLEC cooperative testing. Within
two (2) business days, Qwest will email the Qwest test results to a single,
designated CLEC office email address. CLEC will be charged for any
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Provisioning test not defined in the Qwest Technical Publication 77384.
9.2.2.9.4 Coordinated Installation without Cooperative Testing.
Coordinated Installation without Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at
the CLEC designated "Appointment Time", the Qwest Implementor/Tester
contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready
within thirty (30) minutes of the scheduled appointment time, then CLEC must
reschedule the installation by submitting a supplemental LSR. If Qwest is not
ready within thirty (30) minutes of the scheduled appointment time, Qwest will
waive the nonrecurring charge for the installation option and the Parties will
attempt to set a new appointment time on the same day and, if unable to do so,
Qwest will issue a jeopardy notice and a FOC with a new Due Date.
9.2.2.9.4.1 For an existing Unbundled Loop this Coordinated
Installation without Cooperative Testing is a "lift and lay" procedure
without a dispatch, that offers CLEC the ability to coordinate the
conversion activity. The Qwest Implementor advises CLEC when the "lift
and lay" procedure is complete.
9.2.2.9.4.2 For new Unbundled Loops, Qwest may dispatch a
technician to terminate the new circuit at the End User premises. The
Field Technician will not remain on the premises to perform the
coordinated installation once the circuit is in place. The COT completes
the installation in the Central Office, and the COT and Implementor/Tester
complete the required performance tests to ensure that the new circuit
meets required parameter limits. CLEC will not receive test results. When
installation is complete, Qwest will notify CLEC.
9.2.2.9.5 Basic Installation with Cooperative Testing. Basic Installation
with Cooperative Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.5.1 For an existing End User, Basic Installation with
Cooperative Testing is a "lift and lay" procedure with Cooperative Testing
on the Due Date. The COT "lifts" the Loop from its current termination
and "lays" it on a new termination connecting to CLEC. Upon completion
of Qwest performance testing, the Qwest Implementor/Tester will contact
CLEC, read the Qwest test results, and begin CLEC cooperative testing.
Within two (2) business days, Qwest will email the Qwest test results to a
single, designated CLEC office email address. CLEC and Qwest will
perform a Loop back acceptance test, accept the Loop and exchange
demarcation information.
9.2.2.9.5.2 For new End User service, Basic Installation with
Cooperative Testing may require a dispatch to the End User premises.
The COT and Field Technician complete circuit wiring and perform the
required performance tests to ensure the new circuit meets the required
parameter limits.
9.2.2.9.5.3 If Qwest fails to perform cooperative testing due to
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Qwest’s fault, Qwest will waive the nonrecurring charge for the installation
option. If CLEC still desires cooperative testing, the Parties will attempt to
set a new appointment time on the same day and, if unable to do so,
Qwest will issue a jeopardy notice and a FOC with a new Due Date.
9.2.2.9.6 Performance Testing. Qwest performs the following
performance tests for various Loop types:
2-Wire and 4-Wire Analog Loops
No Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = 0 to -8.5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
2-Wire and 4-Wire Non-Loaded Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = 0 to -8.5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
Basic Rate ISDN and xDSL-I Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = ≤ 40 dB at 40 kHz
Automatic Number Identification (ANI) when dial-tone is present
DS-1 Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
DS-3 Capable Loops
Continuity Testing
ADSL Compatible Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = ≤ 41 dB at 196 kHz
Automatic Number Identification (ANI) when dial-tone is present
9.2.2.9.7 Project Coordinated Installation: A Project Coordinated
Installation permits CLEC to obtain a coordinated installation for Unbundled
Loops with or without LNP, where CLEC orders Unbundled DS1 Capable,
Unbundled DS3 Capable or twenty-five (25) or more DS0 Unbundled Loops.
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9.2.2.9.7.1 The date and time for the Project Coordinated
Installation requires up-front planning and may need to be negotiated
between Qwest and CLEC. All requests will be processed on a first
come, first served basis and are subject to Qwest’s ability to meet a
reasonable demand. Considerations such as system down time, Switch
upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same FDT in the same Switch (Switch contention) must be
reviewed. In the event that any of these situations would occur, Qwest
will negotiate with CLEC for an agreed upon FDT, prior to issuing the
Firm Order Confirmation (FOC). In special cases where CLEC is ordering
Unbundled Loop with LNP, the FDT must be agreed upon, the interval to
reach agreement will not exceed two (2) days from receipt of an accurate
LSR. In addition, standard intervals will apply.
9.2.2.9.7.2 CLEC shall request a Project Coordinated
Installation by submitting a Local Service Request (LSR) and designating
this order as a Project Coordinated Installation in the remarks section of
the LSR form.
9.2.2.9.7.3 CLEC will incur additional charges for the Project
Coordinated Installation dependent upon the coordinated time. The rates
are based upon whether the request is within Qwest’s normal business
hours or Out Of Hours. Qwest normal business hours for Unbundled
Loops are 8:00 a.m. to 5:00 p.m., Monday through Friday. The rates for
coordinated installations are set forth in Exhibit A. Where LNP is
included, see Section 10.2.5.4 for rate elements.
9.2.2.9.7.4 Qwest will schedule the appropriate number of
employees prior to the cut, normally not to exceed four employees, based
upon information provided by CLEC. If the Project Coordinated
Installation includes LNP, CLEC will also have appropriate personnel
scheduled for the negotiated FDT. If CLEC’s information is modified
during the installation, and, as a result, non-scheduled employees are
required, CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled, or supplemented (supp) to change the Due Date, within
twenty-four (24) hours of the negotiated FDT, CLEC will be charged a one
person three (3) hour minimum charge. For Project Coordinated
Installations with LNP, if the Coordinated Installation is cancelled due to a
Qwest error or a new Due Date is requested by Qwest, within twenty-four
(24) hours of the negotiated FDT, Qwest may be charged by CLEC one
person three (3) hour minimum charge as set forth in Exhibit A.
9.2.2.9.7.5 If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful, CLEC and
Qwest agree to isolate and fix the problem in a timeframe acceptable to
CLEC or the Customer. If the problem cannot be corrected within an
acceptable timeframe to CLEC or the Customer, CLEC may request the
restoral of Qwest service for the ported Customer. Such restoration shall
begin immediately upon request. If CLEC is in error then a supplemental
order shall be provided to Qwest. If Qwest is in error, no supplemental
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order or additional order will be required of CLEC.
9.2.2.9.7.6 If CLEC orders Project Coordinated Installation with
LNP, Qwest shall ensure that any LNP order activity requested in
conjunction with a Project Coordinated Installation shall be implemented
in a manner that avoids interrupting service to the End User.
9.2.2.10 Multiplexing. Multiplexing is offered in DS3 to DS1 and DS1 to DS0
configurations. Except as specifically set forth in Section 9.2, CLEC may order
multiplexing, including conversion from special access or private line circuits, for
Unbundled Loops under the rates, terms and conditions for multiplexing of Enhanced
Extended Loop (EEL), in Section 9.23.3.9 of this Agreement. The requirements with
respect to providing a significant amount of local exchange traffic under Section 9.23.3.7
shall not apply to conversions to Unbundled Loop.
9.2.2.11 In order to properly maintain and modernize the network, Qwest may
make necessary modifications and changes to Unbundled Loops, ancillary and Finished
Services in its network on an as needed basis. Such changes may result in minor
changes to transmission parameters. Changes that affect network Interoperability
require advance notice pursuant to the Notices Section of this Agreement.
9.2.2.12 If there is a conflict between an End User (or its respective agent) and
CLEC regarding the disconnection or Provisioning of Unbundled Loops, Qwest will
advise the End User to contact CLEC, and Qwest will initiate contact with CLEC.
(a) Reserved for Future Use.
(b) Reserved for Future Use.
9.2.2.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User
up to and including the Loop Demarcation Point are the property of Qwest. Qwest shall
have reasonable access to all such facilities for network management purposes. Qwest
will coordinate entry dates and times with appropriate CLEC personnel to accommodate
testing, inspection repair and maintenance of such facilities and lines. CLEC will not
inhibit Qwest’s employees and agents from entering said premises to test, inspect, repair
and maintain such facilities and lines in connection with such purposes or, upon
termination or cancellation of the Unbundled Loop service, to remove such facilities and
lines. Such entry is restricted to testing, inspection, repair and maintenance of Qwest’s
property in that facility. Entry for any other purpose is subject to audit provisions in the
Audit section of this Agreement.
9.2.2.14 Reserved for Future Use.
9.2.2.15 Reuse of Loop Facilities
9.2.2.15.1 When an End User contacts Qwest with a request to convert
their local service from CLEC to Qwest, Qwest will notify CLEC of the loss of the
End User, and will disconnect the Loop Qwest provided to CLEC. Qwest will
disconnect the Loop only where Qwest has obtained proper Proof of
Authorization.
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9.2.2.15.2 When CLEC contacts Qwest with a request to convert an End
User from their current CLEC (old CLEC) to them (new CLEC), new CLEC is
responsible for notifying old CLEC of the conversion. Qwest will disconnect the
Loop Qwest provided old CLEC and, at new CLEC request, where technically
compatible, will reuse the Loop for the service requested by new CLEC (e.g.,
resale service).
9.2.2.15.3. When CLEC contacts Qwest with a request to convert an End
User from Qwest to CLEC, at CLEC request, Qwest will reuse the existing Loop
facilities for the service requested by CLEC to the extent those facilities are
technically compatible with the service to be provided. Upon CLEC request,
Qwest will condition the existing Loop in accordance with the rates set forth in
Exhibit A.
9.2.2.15.4 Upon completion of the disconnection of the Loop, Qwest will
send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.
9.2.3 Rate Elements
The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A of
this Agreement. Recurring charges vary based on CLEC selected installation options,
conditioning, and extension technology.
9.2.3.1 2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates.
9.2.3.2 2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates.
9.2.3.3 DS1 and DS3 Capable Loop, OC3, OC12, OC48, OC192, Basic Rate
(BRI) ISDN, ADSL Compatible Loop and xDSL-I Capable Loop Recurring and
Nonrecurring rates.
9.2.3.3.1 DS0, DS1 and DS3 Capable Loop, OCn Conversion
Nonrecurring rates associated with the conversion of special access or private
lines to Unbundled Loops.
9.2.3.4 Extension Technology Recurring and Nonrecurring rates for Digital
Capable Loops, including Basic Rate (BRI) ISDN and xDSL-I Capable Loops.
9.2.3.5 Conditioning Nonrecurring rates 2/4 wire non-loaded Loops, Basic Rate
(BRI) ISDN, ADSL Compatible Loop and xDSL-I Capable Loop, as requested and
approved by CLEC.
9.2.3.6 Miscellaneous Charges, as defined in Sections 4 and 9.1.12 may apply.
9.2.3.7 Out of Hours Coordinated Installations.
9.2.3.7.1 For purposes of service installation, Qwest’s installation hours
are 8:00 a.m. to 5:00 p.m., Monday through Friday.
9.2.3.7.2 Intentionally Left Blank.
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9.2.3.7.3 Intentionally Left Blank.
9.2.3.7.4 Intentionally Left Blank.
9.2.3.7.5 For coordinated installations scheduled to commence Out of
Hours, or rescheduled by CLEC to commence Out of Hours, CLEC will incur
additional charges for the Out of Hours coordinated installation as set forth in
Exhibit A.
9.2.4 Ordering Process
9.2.4.1 Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Support Functions Section of this Agreement. Detailed ordering
processes are found on the Qwest wholesale website.
9.2.4.2 Prior to placing orders on behalf of the End User, CLEC shall be
responsible for obtaining and have in its possession a Proof of Authorization.
9.2.4.3 Based on the pre-order Loop make-up, CLEC can determine if the circuit
can meet the technical parameters for the specific service CLEC intends to offer.
9.2.4.3.1 Before submitting an order for a 2/4 wire non-loaded Loop,
ADSL compatible Loop, ISDN capable Loop or xDSL-I capable Loop, CLEC
should use one of Qwest’s Loop make-up tools available via IMA-EDI, IMA-GUI,
or the web-based application interface to obtain specific information about the
Loop CLEC seeks to order.
9.2.4.3.1.1 Based on the Loop make up information provided
through Qwest tools, CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize Qwest to perform such
Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, Qwest will assume that CLEC has determined that Loop
conditioning is not necessary to provide the xDSL service CLEC seeks to
offer. If CLEC or Qwest determines that conditioning is necessary, and
CLEC authorizes Qwest to perform the conditioning, Qwest will perform
the conditioning. CLEC will be charged for the conditioning in accordance
with the rates in Exhibit A. If Qwest determines that conditioning is
necessary and CLEC has not previously authorized Qwest to perform the
conditioning on the LSR, Qwest will send CLEC a rejection notice
indicating the need to obtain approval for conditioning. The CLEC must
submit a revised LSR before the conditioning work will commence. Once
Qwest receives the revised LSR, the fifteen (15) business day
conditioning interval will begin as described in Section 9.2.4.9.
9.2.4.3.1.2 For a 2/4 wire non-loaded Loop, ADSL compatible
Loop, ISDN capable Loop or xDSL-I capable Loop, Qwest will return a
Firm Order Confirmation (FOC) to CLEC within 72 hours from receipt of a
valid and accurate LSR. Return of such FOC will indicate that Qwest has
identified a Loop assignment. Such FOC will provide CLEC with a firm
Due Date commitment or indication that appropriate facilities are not
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available to fill CLEC’s order.
9.2.4.3.1.2.1 If CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, Qwest will return
the FOC with the standard interval (i.e. five (5) days).
9.2.4.3.1.2.2 If CLEC has not pre-approved Loop
conditioning and Qwest determines that the Loop contains load
coils, Qwest will notify CLEC via a reject notification. CLEC must
submit and wait for a new version of the LSR approving Loop
conditioning. In this scenario, the application date will correspond
to date the new version is received by Qwest.
9.2.4.3.1.2.3 Reserved for Future Use.
9.2.4.3.1.2.4 Reserved for Future Use.
9.2.4.4 Installation intervals for all Unbundled Loops are defined in
Exhibit C. The interval will start when Qwest receives a complete and accurate
LSR. The LSR date is considered the start of the service interval if the order is
received prior to 7:00 p.m. For service requests received after 7:00 p.m., the
service interval will begin on the next business day.
9.2.4.4.1 When CLEC places an order for an Unbundled Loop
with Qwest that is complete and accurate, Qwest will reply to CLEC with a
Firm Order Confirmation within the time specified in Section 20. The Firm
Order Confirmation will contain the Due Date that specifies the date on
which Qwest will provision the Loop. Qwest will implement adequate
processes and procedures to assure the accuracy of the commitment
date. If Qwest must make changes to the commitment date, Qwest will
promptly issue a jeopardy notification to CLEC that will clearly state the
reason for the change in commitment date. Qwest will also submit a new
Firm Order Confirmation that will clearly identify the new Due Date.
9.2.4.5 Installation intervals for Unbundled Loops apply when Qwest has
facilities or network capacity available.
9.2.4.6 Upon CLEC request, Qwest will convert special access or private line
circuits to Unbundled Loops, with or without multiplexing, provided the service originates
at the CLEC Collocation in the Serving Wire Center. If multiplexing is not involved, then
the Loop conversion ordering process applies. However, if the conversion includes
multiplexing, then the ordering process associated with the conversion to EELs applies.
The requirements with respect to providing a significant amount of local exchange traffic
under Section 9.23.3.7 shall not apply to conversions to Unbundled Loop.
9.2.4.7 Reserved for Future Use.
9.2.4.8 When ordering Unbundled Loops, CLEC is responsible for obtaining or
providing facilities and equipment that are compatible with the service CLEC seeks to
provide.
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9.2.4.9 The installation interval for xDSL Loops depends on the need to
condition the Loop.
9.2.4.9.1 When load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which will apply upon submission of a
complete and accurate LSR.
9.2.4.9.2 When load coils and/or Bridged Taps do exist, CLEC will
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) day interval and Qwest determines that conditioning is
required, then the fifteen (15) business day interval starts when the need for
conditioning is identified and CLEC approves the conditioning charges.
9.2.4.10 Out of Hours Coordinated Installations.
9.2.4.10.1 For purposes of this Section, Qwest’s standard installation hours
are 8:00 a.m. to 5:00 p.m., Monday through Friday. Installations requested
outside of these hours are considered to be Out of Hours Installations.
9.2.4.10.2 CLEC may request an Out of Hours Coordinated Installation
outside of Qwest’s standard installation hours.
9.2.4.10.3 To request Out of Hours Coordinated Installations, CLEC will
submit an LSR designating the desired appointment time. CLEC must specify an
Out of Hours Coordinated Installation in the Remarks section of the LSR.
9.2.4.10.4 The date and time for Out of Hours Coordinated Installations
may need to be negotiated between Qwest and CLEC because of system
downtime, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch (Switch
contention).
9.2.5 Maintenance and Repair
9.2.5.1 CLEC is responsible for its own End User base and will have the
responsibility for resolution of any service trouble report(s) from its End Users. CLEC
will perform trouble isolation on the Unbundled Loop and any associated ancillary
services prior to reporting trouble to Qwest. CLEC shall have access for testing
purposes at the NID or Loop Demarcation Point. Qwest will work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of Qwest's network. Qwest and CLEC will report trouble isolation
test results to the other. For Unbundled Loops, each Party shall be responsible for the
costs of performing trouble isolation on its facilities, subject to Sections 9.2.5.2 and
9.2.5.3.
9.2.5.2 When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service charge will apply if the trouble is found to be on the End User’s
side of the Loop Demarcation Point. If the trouble is on the End User’s side of the Loop
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Demarcation Point, and CLEC authorizes Qwest to repair the trouble on CLECs behalf,
Qwest will charge CLEC the appropriate Additional Labor Charges set forth in Exhibit A
in addition to the Maintenance of Service charge.
9.2.5.3 When CLEC elects not to perform trouble isolation and Qwest performs
tests on the Unbundled Loop at CLEC’s request, a Maintenance of Service charge shall
apply if the trouble is not in Qwest’s facilities. Maintenance and repair processes are set
forth in Section 12.3 of this Agreement. Maintenance of Service charges are set forth in
Exhibit A.
9.2.5.4. Qwest will maintain detailed records of trouble reports of CLEC-ordered
Unbundled Loops, comparing CLEC provided data with internal data, and evaluate such
reports on at a minimum of a quarterly basis to determine the cause of Loop problems.
Qwest will conduct a quarterly root cause analysis of problems associated with UNE
Loops provided to CLECs by Qwest. Based on this analysis, Qwest will take corrective
measure to fix persistent and recurrent problems, reporting to CLECs on the analysis
and the process changes that are instituted implemented to fix the problems.
9.2.5.5 Qwest shall allow access to the NID for testing purposes where access
at the Demarcation Point is not adequate to allow testing sufficient to isolate troubles; in
the event that Qwest chooses not to allow such access, it shall waive any trouble
isolation charges that may otherwise be applicable.
9.2.6. Spectrum Management
9.2.6.1 Qwest will provide 2/4 Wire non-loaded Loops, ADSL compatible Loops,
ISDN capable Loops, xDSL-I capable Loops, DS-1 capable Loops and DS3 capable
Loops (collectively referred to in this Section 9.2.6 as "xDSL Loops") in a non-
discriminatory manner to permit CLEC to provide Advanced Services to its End User
Customers. Such Loops are defined herein and are in compliance with FCC
requirements and guidelines recommended by the Network Reliability and
Interoperability Council (NRIC) to the FCC, such as guidelines set forth in T1-417.
9.2.6.2 When ordering xDSL Loops, CLEC will provide Qwest with appropriate
information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for
the type of technology CLEC will deploy. CLEC also agrees to notify Qwest of any
change in Advanced Services technology that results in a change in spectrum
management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed
or power at which the newly deployed or changed technology will operate if the
technology fits within a generic PSD mask.
9.2.6.2.1 CLEC information provided to Qwest pursuant to Section 9.2.6.2
shall be deemed Confidential Information and Qwest may not distribute, disclose
or reveal, in any form, this material other than as allowed and described in
subsections of 9.2.6.2.
9.2.6.2.2 The Parties may disclose, on a need to know basis only, CLEC
Confidential Information provided pursuant to Section 9.2.6.2, to legal personnel,
if a legal issue arises, as well as to network and growth planning personnel
responsible for spectrum management functions. In no case shall the
aforementioned personnel who have access to such Confidential Information be
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involved in Qwest’s retail marketing, sales or strategic planning.
9.2.6.3 If CLEC wishes to deploy new technology not yet designated with a PSD
mask, Qwest and CLEC agree to work cooperatively to determine Spectrum
Compatibility. Qwest and CLEC agree, as defined by the FCC, that technology is
presumed acceptable for deployment when it complies with existing industry standards,
is approved by a standards body or by the FCC or Commission, of if technology has
been deployed elsewhere without a "significant degradation of service".
9.2.6.4 Qwest recognizes that the analog T1 service traditionally used within its
network is a "known Disturber" as designated by the FCC. Qwest will place such T1s,
by whomever employed, within binder groups in a manner that minimizes interference.
Where such placement is insufficient to eliminate interference that disrupts other
services being provided, Qwest shall, whenever it is Technically Feasible, replace its
T1s with a technology that will eliminate undue interference problems. Qwest also
agrees that any future "known Disturber" defined by the FCC or the Commission will be
managed as required by FCC rules.
9.2.6.5 If either Qwest or CLEC claims a service is significantly degrading the
performance of other Advanced Services or traditional voice band services, then that
Party must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification, the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within forty-eight (48) hours, Qwest will provide CLEC with binder group
information including cable, pair, Carrier and PSD class to allow CLEC to notify the
causing Carrier.
9.2.6.6 If CLEC is unable to isolate trouble to a specific pair within the binder
group, Qwest, upon receipt of a trouble resolution request, will perform a main frame pair
by pair analysis and provide results to CLEC within five (5) business days.
9.2.6.7 Reserved for Future Use.
9.2.6.8 Qwest will not have the authority to unilaterally resolve any dispute over
spectral interference among Carriers. Qwest shall not disconnect Carrier services to
resolve a spectral interference dispute, except when voluntarily undertaken by the
interfering Carrier or Qwest is ordered to do so by a state commission or other
authorized dispute resolution body. CLEC may submit any claims for resolution under
Section 5.18 of this Agreement.
9.2.6.9 Where CLEC demonstrates to Qwest that it has deployed Central Office
based DSL services serving a reasonably defined area, it shall be entitled to require
Qwest to take appropriate measures to mitigate the demonstrable adverse effects on
such service that arise from Qwest's use of repeaters or remotely deployed DSL service
in that area. It shall be presumed that the costs of such mitigation will not be chargeable
to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this
presumption, which it may do by demonstrating to the Commission by a preponderance
of the evidence that the incremental costs of mitigation would be sufficient to cause a
substantial effect upon other Customers (including but not limited to CLECs securing
UNEs) if charged to them. Upon such a showing, the Commission may determine how
to apportion responsibility for those costs, including, but not limited to CLECs taking
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services under this Agreement.
9.3 Subloop Unbundling
9.3.1 Description
9.3.1.1 A Subloop is defined as any portion of the Loop that it is Technically
Feasible to access at terminals in Qwest’s outside plant, including inside wire. An
accessible terminal is any point on the Loop where technicians can access the wire or
fiber within the cable without removing a splice case to reach the wire or fiber within.
Such points may include, but are not limited to, the pole, pedestal, Network Interface
Device, minimum point of entry, single point of Interconnection, main distribution frame,
Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface (SAI).
This section does not address Dark Fiber Subloop which is addressed in Section 9.7.
9.3.1.1.1 Building terminals within or physically attached to a privately
owned building in a Multi-Tenant Environment (MTE) are one form of accessible
terminal. Throughout Section 9.3 the Parties obligations around such "MTE
terminals" are segregated because Subloop terms and conditions differ between
MTE environments and non-MTE environments.
9.3.1.1.2 For any configuration not specifically addressed in this
Agreement, the conditions of CLEC access shall be as required by the particular
circumstances. These conditions include: (1) the degree of equipment
separation required, (2) the need for separate cross-connect devices, (3) the
interval applicable to any Collocation or other Provisioning requiring Qwest
performance or cooperation, (4) the security required to maintain the safety and
reliability of the facilities of Qwest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Qwest facilities where they
are also used by CLECs for Subloop element access, and (6) any other
requirements, standards, or practices necessary to assure the safe and reliable
operation of all Carriers’ facilities.
9.3.1.1.3 Any Party may request, under any procedure provided for by
this Agreement, for addressing non-standard services or network conditions, the
development of standard terms and conditions for any configuration(s) for which
it can provide reasonably clear technical and operational characteristics and
parameters. Once developed through such a process, those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.
9.3.1.1.4 Prior to the development of such standard terms and conditions,
Qwest shall impose in the six (6) areas identified in Section 9.3.1.1.2 above, only
those requirements or intervals that are reasonably necessary.
9.3.1.1.4.1 MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. Qwest Premises located on real
property that constitutes a campus environment, yet are not within or
physically attached to a non-Qwest owned building, are not considered
MTE Terminals.
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9.3.1.1.4.2 Detached Terminals: All accessible terminals other
than MTE Terminals.
9.3.1.2 Standard Subloops available.
a) Two-Wire/Four Wire Unbundled Distribution Loop
b) DS1 Capable Unbundled Feeder Loop
c) Two-Wire/Four Wire Non-loaded Distribution Loop
d) Intrabuilding Cable Loop
9.3.1.3 Standard Subloop Access
9.3.1.3.1 Accessing Subloops in Detached Terminals: Subloop
Unbundling is available after a CLEC requested Field Connection Point (FCP)
has been installed within or adjacent to the Qwest accessible terminal. The FCP
is a Demarcation Point connected to a terminal block from which Cross
Connections are run to Qwest Subloop elements.
9.3.1.3.2 Accessing Subloops in MTE Terminals: Subloop unbundling is
available after CLEC has notified Qwest of its intention to Subloop unbundle in
the MTE, during or after an inventory of CLEC’s terminations has been created,
and CLEC has constructed a cross-connect field at the building terminal.
9.3.1.3.2.1 Reserved for Future Use.
9.3.1.3.2.2 Reserved for Future Use.
9.3.1.4 Field Connection Point
9.3.1.4.1 Field Connection Point (FCP) is a Demarcation Point that allows
CLEC to interconnect with Qwest outside of the Central Office location where it is
Technically Feasible. The FCP interconnects CLEC facilities to a terminal block
within the accessible terminal. The terminal block allows a technician to access
and combine Unbundled Subloop elements. When a FCP is required, it must be
in place before Subloop orders are processed.
9.3.1.4.2 Placement of a FCP within a Qwest Premises for the sole
purpose of creating a cross-connect field to support Subloop unbundling
constitutes a "Cross-Connect Collocation."
9.3.1.4.2.1 The terms, conditions, intervals and rates for Cross-
Connect Collocation are found within section 9.3.
9.3.1.4.2.2 To the extent that CLEC places equipment in a
Qwest Premises that requires power and or heat dissipation, such
Collocation is governed by the Terms of Section 8 and does not constitute
a Cross-Connect Collocation.
9.3.1.4.3 A FCP arrangement can be established either within a Qwest
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accessible terminal, or, if space within the accessible terminal is legitimately
exhausted and when Technically Feasible, CLEC may place the FCP in an
adjacent terminal. CLEC will have access to the equipment placed within the
Collocation for maintenance purposes. However, CLEC will not have access to
the FCP Interconnection point.
9.3.1.5 MTE Point of Interconnection (MTE-POI)
9.3.1.5.1 A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must
create the cross-connect field at the building terminal that will allow CLEC to
connect its facilities to Qwest’s Subloops. The Demarcation Point between
CLEC and Qwest’s facilities is the MTE-POI.
9.3.1.6 Once a state has determined that it is Technically Feasible to unbundle
Subloops at a designated accessible terminal, Qwest shall either agree to unbundle at
such access point or shall have the burden to demonstrate, pursuant to the dispute
resolution provisions of this Agreement, that it is not Technically Feasible, or that
sufficient space is not available to unbundle Subloop elements at such accessible
terminal.
9.3.1.7 Qwest shall provide access to additional Subloop elements, e.g. copper
feeder, to CLEC where facilities are available pursuant to the Special Request Process
in Exhibit F.
9.3.2 Standard Subloops Available
9.3.2.1 Distribution Loops
9.3.2.1.1 Two-Wire/Four-Wire Unbundled Distribution Loop: a Qwest
provided facility from the Qwest accessible terminal to the Demarcation Point or
Network Interface Device (NID) at the End User location. The Two-Wire/Four-
Wire Unbundled Distribution Loop is suitable for local exchange-type services.
CLEC can obtain access to this unbundled element at any Technically Feasible
accessible terminal.
9.3.2.1.2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Qwest
provided facility without load coils and excess Bridged Taps from the Qwest
accessible terminal to the Demarcation Point or Network Interface Device (NID)
at the End User location. When CLEC requests a Non-Loaded Unbundled
Distribution Loop and there are none available, Qwest will contact CLEC to
determine if CLEC wishes to have Qwest unload a Loop. If the response is
affirmative, Qwest will dispatch a technician to "condition" the Distribution Loop
by removing load coils and excess Bridged Taps (i.e., "unload" the Loop). CLEC
may be charged the cable unloading and Bridged Taps removal nonrecurring
charge in addition to the Unbundled Loop installation nonrecurring charge. If a
Qwest technician is dispatched and no load coils or Bridged Taps are removed,
the nonrecurring conditioning charge will not apply. CLEC can obtain access to
this Unbundled Element at any Technically Feasible accessible terminal.
9.3.2.1.3 Intrabuilding Cable Loop: a Qwest provided facility from the
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building terminal inside a MTE to the Demarcation Point at the End User
Customer Premises inside the same building. This Subloop element only applies
when Qwest owns the intrabuilding cable.
9.3.2.1.4 To the extent CLEC accesses Subloop in a campus
environment from an accessible terminal that serves multiple buildings, CLEC
can access these Subloops by ordering a Distribution Loop pursuant to either
Section 9.3.2.1.1 or 9.3.2.1.2. A campus environment is one piece of property,
owned by one person or entity, on which there are multiple buildings.
9.3.2.2 Feeder Loops
9.3.2.2.1 DS1 Capable Unbundled Feeder Loop is a digital transmission
path that is provisioned from a Qwest Central Office network interface, which
consists of a DSX-1 panel or equivalent, to the accessible terminal. The DS1
Capable Unbundled Feeder Loop transports bi-directional DS1 signals with a
nominal transmission rate of 1.544 Mbit/s.
9.3.3 MTE Terminal Subloop Access: Terms and Conditions
9.3.3.1 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE
Terminal within a non-Qwest owned MTE is done through an MTE-POI. Remote
Collocation is not necessary because CLEC can access the Subloop without placing
facilities in a Qwest Premises.
9.3.3.2 To obtain such access, CLEC shall complete the "MTE-Access Ordering
Process" set forth in Section 9.3.5.4.
9.3.3.3 The optimum point and method to access Subloop elements will be
determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity, reliability, and
security. CLEC may access the MTE Terminal as a test access point.
9.3.3.4 CLEC will work with the MTE building owner to determine where to
terminate its facilities within the MTE. CLEC will be responsible for all work associated
with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek
to work with the building owner to create space for such terminations without requiring
Qwest to rearrange its facilities.
9.3.3.5 If there is space in the building for CLEC to enter the building and
terminate its facilities without Qwest having to rearrange its facilities, CLEC must seek to
use such space. In such circumstances, an inventory of CLEC’s terminations within the
MTE shall be input into Qwest’s systems to support Subloop orders before Subloop
orders are provisioned or in conjunction with the first Subloop order in the MTE. Qwest
shall have five (5) calendar days from receipt of a written request from CLEC, in addition
to the interval set forth in Section 9.3.5.4.1, to input the inventory of CLEC’s terminations
into its systems. Qwest may seek an extended interval if the work cannot reasonably be
completed within the stated interval. In such cases, Qwest shall provide written
notification to CLEC of the extended interval Qwest believes is necessary to complete
the work. CLEC may dispute the need for, and the duration of, an extended interval, in
which case Qwest must request a waiver from the Commission to obtain the extended
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interval. If CLEC submits a Subloop order before Qwest inputs the inventory into its
systems, Qwest shall process the order in accord with Section 9.3.5.4.1.
9.3.3.6 If CLEC connects Qwest’s Subloop element to CLEC’s facilities using
any temporary wiring or cut-over devices, CLEC shall remove any remaining temporary
wiring or cut-over devices and install permanent wiring within ninety (90) calendar days.
All wiring arrangements, temporary and permanent, must adhere to the National Electric
Code.
9.3.3.7 If there is no space for CLEC to place its building terminal or no
accessible terminal from which CLEC can access such Subloop elements, and Qwest
and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI)
to serve the MDU, Qwest will either rearrange facilities to make room for CLEC or
construct a single point of access that is fully accessible to and suitable for CLEC. In
such instances, CLEC shall pay Qwest a nonrecurring charge, which shall be ICB,
based on the scope of the work required. If CLEC requests that a new SPOI be
established, then CLEC shall pay Qwest a nonrecurring charge that shall be ICB, based
on the scope of the work required. If the MTE terminal is hard wired in such a manner
that a network Demarcation Point cannot be created, Qwest will rearrange the terminal
to create a cross-connect field and Demarcation Point. Charges for such rearrangement
shall be recovered through recurring termination charges.
9.3.3.7.1 If Qwest must rearrange its MTE Terminal to make space for
CLEC, Qwest shall have forty-five (45) calendar days from receipt of a written
request from CLEC to complete the rearrangement. Qwest may seek an
extended interval if the work cannot reasonably be completed within forty-five
(45) calendar days. In such cases, Qwest shall provide written notification to
CLEC of the extended interval Qwest believes is necessary to complete the
work. CLEC may dispute the need for, and the duration of, an extended interval,
in which case Qwest must request a waiver from the Commission to obtain an
extended interval.
9.3.3.7.2 If Qwest must construct a new detached terminal that is fully
accessible to and suitable for CLEC, the interval for completion shall be
negotiated between the Parties on an Individual Case Basis.
9.3.3.7.3 CLEC may cancel a request to construct an FCP or SPOI prior
to Qwest completing the work by submitting a written notification via certified mail
to its Qwest account manager. CLEC shall be responsible for payment of all
costs previously incurred by Qwest as well as any costs necessary to restore the
property to its original condition.
9.3.3.8 At no time shall either Party rearrange the other Party’s facilities within
the MTE or otherwise tamper with or damage the other Party’s facilities within the MTE.
This does not preclude normal rearrangement of wiring or jumpers necessary to connect
inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE
Access Protocol. If such damage accidentally occurs, the Party responsible for the
damage shall immediately notify the other and shall be financially responsible for
restoring the facilities and/or service to its original condition. Any intentional damage
may be reported to the proper authorities and may be prosecuted to the full extent of the
law.
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9.3.4 Detached Terminal Subloop Access: Terms and Conditions
9.3.4.1 Except as to access at an MTE Terminal, access to unbundled Subloop
elements at an accessible terminal must be made through a Field Connection Point
(FCP) in conjunction with either a Cross-Connect Collocation or, if power and/or heat
dissipation is required, a Remote Collocation.
9.3.4.2 To the extent that the accessible terminal does not have adequate
capacity to house the network interface associated with the FCP, CLEC may opt to use
Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall
comport with NEBS Level 1 safety standards
9.3.4.2.1 Reserved for Future Use.
9.3.4.3 Field Connection Point
9.3.4.3.1 Qwest is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, Qwest shall allow CLEC
to construct its own structure adjacent to Qwest’s accessible terminal. CLEC
shall obtain any necessary authorizations or rights of way required (which may
include obtaining access to Qwest rights of way, pursuant to section 10.8 of this
Agreement) and shall coordinate its facility placement with Qwest, when placing
their facilities adjacent to Qwest facilities. Obstacles that CLEC may encounter
from cities, counties, electric power companies, property owners and similar third
parties, when it seeks to interconnect its equipment at Subloop access points,
will be the responsibility of CLEC to resolve with the municipality, utility, property
owner or other third party.
9.3.4.3.2 The optimum point and method to access Subloop elements will
be determined during the Field Connection Point process. The Parties recognize
a mutual obligation to interconnect in a manner that maintains network integrity,
reliability, and security.
9.3.4.3.3 CLEC must identify the size and type of cable that will be
terminated in the Qwest FCP location. Qwest will terminate the cable in the
Qwest accessible terminal if termination capacity is available. If termination
capacity is not available, Qwest will expand the FDI at the request of CLEC if
Technically Feasible, all reconfiguration costs to be borne by CLEC. In this
situation only, Qwest shall seek to obtain any necessary authorizations or rights
of way required to expand the terminal. It will be the responsibility of Qwest to
seek to resolve obstacles that Qwest may encounter from cities, counties,
electric power companies, property owners and similar third parties. The time it
takes for Qwest to obtain such authorizations or rights of way shall be excluded
from the time Qwest is expected to provision the Collocation. CLEC will be
responsible for placing the cable from the Qwest FCP to its equipment. Qwest
will perform all of the initial splicing at the FCP.
9.3.4.3.4 CLEC may cancel a Collocation associated with a FCP request
prior to Qwest completing the work by submitting a written notification via
certified mail to its Qwest account manager. CLEC shall be responsible for
payment of all costs previously incurred by Qwest.
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9.3.4.3.5 If the Parties are unable to reach an agreement on the design of
the FCP through the Field Connection Point Process, the Parties may utilize the
Dispute Resolution process pursuant to the Terms and Conditions Dispute
Resolution Section. Alternatively, CLEC may seek arbitration under Section 252
of the Act with the Commission, wherein Qwest shall have the burden to
demonstrate that there is insufficient space in the accessible terminal to
accommodate the FCP, or that the requested Interconnection is not Technically
Feasible.
9.3.4.4 At no time shall either Party rearrange the other Party’s facilities within
the accessible terminal or otherwise tamper with or damage the other Party’s facilities. If
such damage accidentally occurs, the Party responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilities
and/or service to its original condition. Any intentional damage may be reported to the
proper authorities and may be prosecuted to the full extent of the law.
9.3.5. Ordering/Provisioning
9.3.5.1 All Subloop Types
9.3.5.1.1 CLEC may order Subloop elements through the Operational
Support Systems described in Section 12.
9.3.5.1.2 CLEC shall identify Subloop elements by NC/NCI codes.
9.3.5.2 Additional Terms for Detached Terminal Subloop Access
9.3.5.2.1 CLEC may only submit orders for Subloop elements after the
FCP is in place. The FCP shall be ordered pursuant to Section 9.3.5.5. CLEC
will populate the LSR with the termination information provided at the completion
of the FCP process.
9.3.5.2.2 Qwest shall dispatch a technician to run a jumper between its
Subloop elements and CLEC’s Subloop elements. CLEC shall not at any time
disconnect Qwest facilities or attempt to run a jumper between its Subloop
elements and Qwest’s Subloop elements without specific written authorization
from Qwest.
9.3.5.2.3 Once the FCP is in place, the Subloop Provisioning intervals
contained in Exhibit C shall apply.
9.3.5.3 Reserved for Future Use.
9.3.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access
Ordering Process
9.3.5.4.1 CLEC shall notify its account manager at Qwest in writing,
including via email, of its intention to provide access to Customers that reside
within a MTE. Upon receipt of such request, Qwest shall have up to ten (10)
calendar days to notify CLEC and the MTE owner whether Qwest believes it or
the MTE owner owns the intrabuilding cable. In the event that there has been a
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previous determination of on-premises wiring ownership at the same MTE, Qwest
shall provide such notification within two (2) business days. In the event that
CLEC provides Qwest with a written claim by an authorized representative of the
MTE owner that such owner owns the facilities on the Customer side of the
terminal, the preceding ten (10) day period shall be reduced to five (5) calendar
days from Qwest's receipt of such claim.
9.3.5.4.2 If the MTE owner owns the facilities on the Customer side of the
terminal, CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
9.3.5.4.3 If Qwest owns the facilities on the Customer side of the terminal
and if CLEC requests space to enter the building and terminate its facilities and
Qwest must rearrange facilities or construct new facilities to accommodate such
access, CLEC shall notify Qwest. Upon receipt of such notification, the intervals
set forth in Section 9.3.3 shall begin.
9.3.5.4.4 CLEC may only submit orders for Subloop elements after the
facilities are rearranged and/or a new facility constructed, if either are necessary.
CLEC will populate the LSR with the termination information provided by CLEC
at the completion of the inventory process except when submitting LSRs during
the creation of the inventory.
9.3.5.4.5 If CLEC ordered Intrabuilding Cable Loop, CLEC shall dispatch
a technician to run a jumper between its Subloop elements and Qwest’s Subloop
elements to make a connection at the MTE-POI in accordance with the MTE
Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable
Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop
elements and Qwest’s Subloop elements to make a connection at the MTE-POI.
CLEC, at its option, may request that Qwest run the jumper for Intrabuilding
cable in MTEs when the inventory is done and a complete LSR has been
submitted.
9.3.5.4.5.1 When CLEC accesses a MTE Terminal, it shall
employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross-connect wires it
uses. CLEC wiring will be neatly dressed. When CLEC accesses
Subloops in MTE Terminals, it shall adhere to Qwest’s Standard MTE
Terminal Access Protocol unless the Parties have negotiated a separate
document for such Subloop access. If CLEC requests a MTE Terminal
access protocol that is different from Qwest’s Standard MTE Terminal
Access Protocol, Qwest shall negotiate with CLEC promptly and in good
faith toward that end.
9.3.5.4.5.2 Reserved for Future Use.
9.3.5.4.5.2.1 Reserved for Future Use.
9.3.5.4.5.2.2 Reserved for Future Use.
9.3.5.4.5.2.3 Reserved for Future Use.
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9.3.5.4.5.2.4 Reserved for Future Use.
9.3.5.4.6 Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facility constructed and when Qwest runs the jumper,
the Subloop Provisioning intervals contained in Exhibit C shall apply.
9.3.5.4.7 For access to Qwest’s on-premises MTE wire as a Subloop
element, CLEC shall be required to submit an LSR, but need not include thereon
the circuit-identifying information or await completion of LSR processing by
Qwest before securing such access. Qwest shall secure the circuit-identifying
information, and will be responsible for entering it on the LSR when it is received.
Qwest shall be entitled to charge for the Subloop element as of the time of LSR
submission by CLEC.
9.3.5.5 FCP Ordering Process
9.3.5.5.1 CLEC shall submit a Field Connection Point Request Form to
Qwest along with its Collocation Application. The FCP Request Form shall be
completed in its entirety.
9.3.5.5.2 After construction of the FCP and Collocation are complete,
CLEC will be notified of its termination location, which will be used for ordering
Subloops.
9.3.5.5.2.1 The following constitute the intervals for Provisioning
Collocation associated with a FCP, which intervals shall begin upon
completion of the FCP Request Form and its associated Collocation
Application in their entirety:
9.3.5.5.2.1.1 Any Remote Collocation associated with a
FCP in which CLEC will install equipment requiring power and/or
heat dissipation shall be in accordance with the intervals set forth
in Section 8.4.
9.3.5.5.2.1.2 A Cross-Connect Collocation in a detached
terminal shall be provisioned within ninety (90) calendar days from
receipt of a written request by CLEC.
9.3.5.5.2.1.3 If Qwest denies a request for Cross-
Connect Collocation in a Qwest Premises due to space limitations,
Qwest shall allow CLEC representatives to inspect the entire
Premises escorted by Qwest personnel within ten (10) calendar
days of CLECs receipt of the denial of space, or a mutually agreed
upon date. Qwest will review the detailed space plans (to the
extent space plans exist) for the Premises with CLEC during the
inspection, including Qwest reserved or optioned space. Such
tour shall be without charge to CLEC. If, after the inspection of
the Premises, Qwest and CLEC disagree about whether space
limitations at the Premises make Collocation impractical, Qwest
and CLEC may present their arguments to the Commission. In
addition, if after the fact it is determined that Qwest has incorrectly
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identified the space limitations, Qwest will honor the original
Cross-Connect Collocation Application date for determining RFS
unless both Parties agree to a revised date.
9.3.5.5.2.1.4 Payment for the remaining nonrecurring
charges shall be upon the RFS date. Upon completion of the
construction activities and payment of the remaining nonrecurring
charge, Qwest will schedule with CLEC an inspection of the FCP
with CLEC if requested. Upon completion of the Acceptance
inspection, CLEC will be provided the assignments and necessary
ordering information. With prior arrangements, CLEC can request
testing of the FCP at the time of the Acceptance inspection. If
Qwest, despite its best efforts, including notification through the
contact number on the Cross-Connect Collocation Application, is
unable to schedule the Acceptance inspection with CLEC within
twenty-one (21) calendar days of the RFS, Qwest shall activate
the applicable charges.
9.3.5.5.2.1.5 Qwest may seek extended intervals if the
work cannot reasonably be completed within the set interval. In
such cases, Qwest shall provide written notification to CLEC of the
extended interval Qwest believes is necessary to complete the
work. CLEC may dispute the need for and the duration of, an
extended interval, in which case Qwest must request a waiver
from the Commission to obtain an extended interval.
9.3.6 Rate Elements
9.3.6.1 All Subloop Types
9.3.6.1.1 Subloop Recurring Charge - CLEC will be charged a monthly
recurring charge pursuant to Exhibit A for each Subloop ordered by CLEC.
9.3.6.1.2 Subloop Trouble Isolation Charge - CLEC will be charged a
Trouble Isolation Charge pursuant to the Support Functions – Maintenance and
Repair Section when trouble is reported but not found on the Qwest facility.
9.3.6.2 Reserved for Future Use.
9.3.6.3 Additional rates for Detached Terminal Subloop Access:
9.3.6.3.1 Cross-Connect Collocation Charge: CLEC shall pay the full
nonrecurring charge for creation of the Cross-Connect Collocation set forth in
Exhibit A upon submission of the Collocation Application. The FCP Request
Form shall not be considered completed in its entirety until complete payment is
submitted to Qwest.
9.3.6.3.2 Any Remote Collocation associated with a FCP in which CLEC
will install equipment requiring power and/or heat dissipation shall be in
accordance with the rate elements set forth in Section 8.3.
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9.3.6.3.3 Subloop Nonrecurring Jumper Charge: CLEC will be charged a
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
9.3.6.4 Additional Rates for MTE Terminal Subloop Access
9.3.6.4.1 Subloop Nonrecurring Charge - CLEC will be charged a
nonrecurring charge for the time and materials required for Qwest to complete
the inventory of CLEC’s facilities within the MTE such that Subloop orders can be
submitted and processed.
9.3.6.4.2 Subloop Nonrecurring Jumper Charge – If CLEC ordered a
Subloop type other than Intrabuilding Cable Loop, CLEC will be charged a
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
9.3.7 Repair and Maintenance
9.3.7.1 Detached Terminal Subloop Access: Qwest will maintain all of its
facilities and equipment in the accessible terminal and CLEC will maintain all of its
facilities and equipment in the accessible terminal.
9.3.7.2 MTE Terminal Subloop Access: Qwest will maintain all of its facilities
and equipment in the MTE and CLEC will maintain all of its facilities and equipment in
the MTE.
9.4 Line Sharing
9.4.1 Description
Line Sharing provides CLEC with the opportunity to offer advanced data services
simultaneously with an existing End User’s analog voice-grade (POTS) service on a single
copper Loop referred to herein as the "Shared Loop" or "Line Sharing", by using the frequency
range above the voice band on the copper Loop. This frequency range will be referred to herein
as the High Frequency Spectrum Network Element (HUNE). A POTS Splitter separates the
voice and data traffic and allows the copper Loop to be used for simultaneous data transmission
and POTS service. The POTS service must be provided to the End User by Qwest. This
section does not prohibit Line Splitting, which is addressed in Section 9.21.
9.4.1.1 Line Sharing occurs on the copper portion of the Loop (i.e., copper Loop
or shared copper distribution). Qwest provides CLECs with the Network Elements to
transport data from Qwest Remote Terminals including unbundled Dark Fiber, DS1
capable Loop, and OCn. Qwest also provides CLECs with the ability to commingle its
data with Qwest’s pursuant to Section 9.20 with Unbundled Packet Switching. To the
extent additional Line Sharing technologies and transport mechanisms are identified,
and Qwest has deployed such technology for its own use, and Qwest is obligated by law
to provide access to such technology. Qwest will allow CLECs to line share in that
manner, provided, however, that the rates, terms and conditions for Line Sharing may
need to be amended in order to provide such access.
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9.4.2 Terms and Conditions
9.4.2.1 General
9.4.2.1.1 To order the HUNE, CLEC must have a POTS Splitter installed
in the Qwest Wire Center that serves the End User as provided for in this
Section, and the End User must have dial tone originating from a Qwest Switch
in that Wire Center. CLEC must provide the End User with, and is responsible
for, the installation of a Splitter, filter(s) and/or other equipment necessary for the
End User to receive separate voice and data service across a single copper
Loop.
9.4.2.1.2 Reserved for Future Use.
9.4.2.1.3 CLEC may use the HUNE to provide any xDSL services that will
not interfere with analog voiceband transmissions in accordance with FCC rules.
Such services currently are limited to ADSL, RADSL Multiple Virtual Lines (MVL)
and G.lite. In the future, additional services may be used by CLEC to the extent
those services are deemed acceptable for Line Sharing Deployment under
applicable FCC rules.
9.4.2.1.4 CLEC may not order the HUNE on a given copper Loop if
Qwest, or another Telecommunications Carrier, is already using the high
frequency spectrum, unless the End User disconnects the original
Telecommunications Carrier’s high-frequency service.
9.4.2.1.5 CLEC may request, and Qwest will provide, conditioning of
Shared Loops to remove load coils, excess Bridged Taps, or electronics subject
to the charges for Loop conditioning in Exhibit A. Qwest will perform requested
conditioning, including de-loading and removal of excess Bridged Taps, unless
Qwest demonstrates in advance that conditioning a Shared Loop will significantly
degrade the End User’s analog voice-grade POTS service. Based on the pre-
order make-up of a given copper Loop, CLEC can make a preliminary
determination if the Loop can meet the technical parameters applicable to the
data service it intends to provide over the Loop.
9.4.2.1.6 Qwest will provide CLEC with access to the HUNE through
POTS Splitters installed in Qwest Wire Centers. POTS Splitters may be installed
in Qwest Wire Centers in either of the following ways at the discretion of CLEC:
(a) via the standard Collocation arrangements set forth in the Collocation
Section; or (b) via Common Area Splitter Collocation as set forth in this Section.
Under either option, POTS Splitters will be appropriately hard-wired or pre-wired
so that Qwest is not required to inventory more than two (2) points of termination.
9.4.2.1.7 Reserved for Future Use.
9.4.2.2 CLEC Collocation Area Splitter
9.4.2.2.1 If CLEC elects to have POTS Splitters installed in Qwest Wire
Centers via the standard Collocation arrangements set forth in the Collocation
Section, CLEC will either purchase the POTS Splitters or have Qwest purchase
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the POTS Splitters subject to full reimbursement of the cost of the POTS Splitters
plus any pass through actual vendor invoice costs, including but not limited to
taxes, shipping and handling. The POTS Splitters must meet the requirements
for Central Office equipment Collocation set by the FCC. CLEC will be
responsible for installing and maintaining the POTS Splitters in its Collocation
areas within Qwest Wire Centers.
9.4.2.2.2 CLEC may designate some or all of its existing TIE Cables for
use in connection with Line Sharing. Qwest will perform any necessary TIE
Cable reclassifications, frame re-stenciling, and related work for which it is
responsible and that is required to provision Line Sharing. Charges will apply
pursuant to Exhibit A of the Agreement.
9.4.2.2.3 Two (2) ITPs and two (2) TIE Cables will be needed to connect
POTS Splitters to the Qwest network. One ITP will carry both voice and data
traffic from the COSMIC™/MDF Loop termination, to an appropriate ICDF. From
this frame, one (1) TIE Cable will carry both voice and data traffic to the POTS
Splitter located in CLEC’s Collocation area. The voice and data traffic will be
separated at the POTS Splitter. The data traffic will be routed to CLEC’s network
within its Collocation area. The voice traffic will be routed to the COSMIC™/MDF
Switch termination, via the ICDF, using a second TIE Cable and a second ITP.
9.4.2.2.4 Interconnection Tie Pairs and TIE Cables. There are two (2)
types of ITP arrangements for connecting the Qwest network to the CLEC
provided Splitter, depending on whether CLEC elects to use an ICDF or direct
connections.
9.4.2.2.4.1 CLEC may elect to use an ICDF. In this instance,
one ITP carries the combined voice/data signal from the COSMIC™/MDF
Loop termination to the ICDF and a second ITP carries the voice only
signal from the ICDF to the COSMIC™/MDF Switch termination. For
each Shared Loop, two pairs of the TIE cable must be used: one pair of
the TIE Cable will carry the voice/data from the ICDF to the CLEC
provided Splitter, and the second pair will carry the voice-only signal from
the CLEC provided Splitter to the ICDF.
9.4.2.2.4.2 CLEC may elect to use direct connections between
the CLEC-provided Splitter and the COSMIC™/MDF. In this instance,
Qwest will provide one TIE Cable between each module of the
COSMIC™/MDF and the CLEC-provided Splitter. One pair in the TIE
Cable will carry the combined voice/data signal from the COSMIC™/MDF
Loop termination to the CLEC-provided Splitter in CLEC’s Collocation
space. A second pair in the TIE Cable will carry the voice-only signal
from the CLEC-provided Splitter to the Switch termination on the
COSMIC™/MDF. These TIE Cables will be dedicated to CLEC’s use,
and, as a result, the full cost of the necessary Mechanized Engineering
and Layout for Distributing Frame (MELD™) run, cable placement, and
cable termination, and associated COSMIC™/MDF hardware to terminate
a TIE Cable on each outside plant and Switch equipment module of the
COSMIC™/MDF will be assessed to CLEC in accordance with Section 8
(Collocation). To minimize CLECs cost, to the extent feasible, Qwest
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shall consolidate CLECs requirements with the requirements of Qwest
and other CLECs into a single MELD™ run whenever feasible. Costs of
such consolidated MELD™ runs shall be prorated among the Parties,
including Qwest. Qwest will provide, for each Shared Loop, the TIE
Cable pair assignments.
9.4.2.2.5 The Demarcation Points between Qwest’s network and CLEC’s
network will be the place where the combined voice and data Loop is connected
to the ICDF, or where CLEC chooses a direct connection to the COSMIC™/MDF,
where the combined voice and data Loop originates from CLECs Collocation
9.4.2.3 Common Area Splitter Collocation
9.4.2.3.1 If CLEC elects to have POTS Splitters installed in Qwest Wire
Centers via Common Area Splitter Collocation, the POTS Splitters will be
installed in those Wire Centers in one of the following locations: (a) in a relay
rack as close to CLEC’s DS0 termination points as possible; (b) on an ICDF to
the extent such a frame is available; or (c) where options (a) and (b) are not
available, or, in Wire Centers with network access line counts of less than
10,000, on the COSMIC™/MDF or in some other appropriate location such as an
existing Qwest relay rack or bay. CLEC either may purchase POTS Splitters or
have Qwest purchase the POTS Splitters subject to full reimbursement of the
cost of the POTS Splitters plus any pass through actual vendor invoice costs,
including but not limited to, taxes, shipping and handling, and any similar charges
assessed on Qwest by vendors in connection with the purchase of POTS
Splitters. The POTS Splitters must meet the requirements for Central Office
equipment Collocation set by the FCC. Qwest will be responsible for installing
and maintaining the POTS Splitters, but CLEC will lease the POTS Splitters to
Qwest at no cost. Qwest may co-mingle the POTS Splitters shelves of different
CLECs in a single relay rack or bay. Qwest will not be responsible for shortages
of POTS Splitters or Qwest’s inability to obtain POTS Splitters from vendors, if
acting as purchasing agent on behalf of CLEC.
9.4.2.3.2 Two (2) ITPs and four (4) TIE Cables will be needed to connect
the POTS Splitters to the Qwest network. One ITP will carry both voice and data
traffic from the COSMIC™/MDF Loop termination, to an appropriate ICDF. From
this frame, one (1) TIE Cable will carry both voice and data traffic to the POTS
Splitter. The voice and data traffic will be separated at the POTS Splitter, and
the separated voice and data traffic will be routed to the ICDF via separate TIE
Cables (i.e., the second and third TIE Cables). At the ICDF, the data traffic will
be routed to CLEC’s Collocation area via a fourth TIE Cable, and the voice traffic
will be routed to the COSMIC™/MDF Switch termination, via a second ITP.
CLEC can also elect a direct connect option pursuant to Section 8.3.1.11.2.
9.4.2.3.3 Qwest will provide the cabling used for TIE Cables between the
POTS Splitter and the ICDF. The POTS Splitter Tie Cable Connection Charge
will apply.
9.4.2.3.4 The Demarcation Point between Qwest’s network and CLEC’s
network will be at the place where the data Loop leaves the POTS Splitter on its
way to CLEC’s collocated equipment.
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9.4.3 Line Sharing Deployment
9.4.3.1 New applications for installation of POTS Splitters will be processed in
the manner outlined in the Collocation Section for Cageless or Common Collocation.
9.4.3.2 CLEC may submit applications for additional DSO TIE Cable
terminations and/or reclassifications to support Line Sharing. Qwest will process any
such applications for augmentation and/or reclassification of DSO TIE Cable
terminations under intervals as outlined below in this Section.
9.4.3.3 Augmentation intervals will be thirty (30) days, subject to the following
terms and conditions identified below:
9.4.3.3.1 Intentionally Left Blank.
9.4.3.3.2 Intentionally Left Blank.
9.4.3.3.3 The interval for reclassification will be fifteen (15) days, subject
to the following terms and conditions. If requested reclassification engineering
results in additional requirements for DSO TIE Cable termination or TIE Cable
support, the interval will default to thirty (30) days.
9.4.3.3.4 Intentionally Left Blank.
9.4.3.3.5 In the event CLEC, or Qwest acting as purchasing agent for
CLEC, is unable to procure any equipment needed to complete all work required
by applications submitted to Qwest by CLEC, including but not limited to, POTS
Splitters or cabling, Qwest will install the subject equipment when it becomes
available. If Qwest is acting as purchasing agent for CLEC and is unable to
procure equipment to complete all work in a timely manner, CLEC may provide
Qwest with the subject equipment. CLEC will be notified by Qwest of the
required material on-site date for the affected Wire Center(s) and CLEC will have
two (2) business days to determine if it will be able to provide the subject
equipment in advance of the material on-site date. If CLEC does not notify
Qwest in writing of its intent to provide the subject equipment within this two (2)
business days period, or if the subject equipment is not provided in a timely
manner, Qwest will install the subject equipment when available.
9.4.4 Rate Elements
9.4.4.1 Recurring Rates for Shared Loop
9.4.4.1.1 Shared Loop Charge - A monthly recurring charge for the use of
the Shared Loop will apply.
9.4.4.1.2 OSS Charge - A monthly recurring charge to recover upgrades
to Qwest Operational Support Systems required to accommodate Line Sharing
will apply.
9.4.4.2 Nonrecurring Rates for the Shared Loop
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9.4.4.2.1 Basic Installation Charge for Shared Loop – A nonrecurring
charge for each Shared Loop installed will apply.
9.4.4.2.2 If CLEC requests conditioning of a Shared Loop, a nonrecurring
conditioning charge specified in Exhibit A will apply for removal of load coils and
excess Bridged Taps. If the conditioning significantly degrades the voice
services on the Loop to the point it is unacceptable to the End User, CLEC shall
pay the conditioning charge in Exhibit A to recondition the Loop.
9.4.4.3 Nonrecurring Rates for Tie Cable Reclassification
9.4.4.3.1 Reclassification Charge – A nonrecurring charge will apply,
based on time and materials for reclassification of existing TIE cable capacity, by
among other things, reclassification of existing TIE cables for Line Sharing, frame
re-stenciling, and any other work performed between CLEC’s Collocation and the
intermediate distribution frame required to provision Line Sharing.
9.4.4.4 Nonrecurring Rates for Maintenance and Repair
9.4.4.4.1 Trouble Isolation Charge – A nonrecurring charge for Trouble
isolation will be applied in accordance with the Support Functions – Maintenance
and Repair Section.
9.4.4.4.2 Additional Testing – CLEC may request Qwest to perform
additional testing, and Qwest may decide to perform the requested testing on a
case-by-case basis. A nonrecurring charge will apply in accordance with Exhibit
A.
9.4.4.5 Rates for Common Area Splitter Collocation
9.4.4.5.1 Splitter Shelf Charge – This charge recovers installation and
ongoing maintenance associated with Splitter installation, bay installation, lighting
costs, aerial support structures and grounding charge for Splitters either in a bay,
on the IDF, or on the MDF/COSMIC™. These are both recurring and
nonrecurring charges.
9.4.4.5.2 POTS Splitter Charge – A nonrecurring charge will apply for the
cost of each POTS Splitter purchased by Qwest on behalf of CLEC. This charge
will cover the cost of the POTS Splitter, plus any associated costs incurred by
Qwest to order the POTS Splitter.
9.4.4.5.3 Engineering – A nonrecurring charge will apply for the planning
and engineering associated with placing POTS Splitters in the Central Office,
either in a bay, on the IDF, or on the MDF/COSMIC™.
9.4.4.6 POTS Splitter TIE Cable Connections Charge – A nonrecurring charge
will apply for the cost of each TIE Cable connected to the POTS Splitters. This charge
will cover both the TIE cables and associated blocks per one hundred (100) pair
between the POTS Splitter and the intermediate distribution frame or Splitter bay.
9.4.4.7 The rates for each of the aforementioned Line Sharing rate elements are
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set forth in Exhibit A. All of these rates are interim and will be subject to true up based
on either mutually agreed to permanent rates or permanent rates established in a Line
Sharing cost proceeding conducted by the Commission. In the event interim rates are
established by the Commission before permanent rates are set, the interim rates set
forth in Exhibit A will be changed to reflect the interim rates set by the Commission;
however, no true up will be performed until mutually agreed to permanent rates are
established or permanent rates are set established by the Commission.
9.4.5 Ordering Process
9.4.5.1 Shared Loop
9.4.5.1.1 As a part of the pre-order process, CLEC can access Loop
characteristic information through the Loop Information Tool described in the
Support Functions Section. CLEC will determine, in its sole discretion, whether
to order the HUNE across any specific copper Loop. Qwest and CLEC will work
together to modify the Loop Information Tool to better support Line Sharing.
CLEC shall accept the risk that the Loop selected may not be suitable for
providing the type of xDSL service CLEC seeks to provide.
9.4.5.1.2 The appropriate Splitter Meet Points dedicated to the POTS
Splitters will be provided on the Line Sharing Actual Point of Termination (APOT)
form one (1) day prior to the Ready for Service date or at an interval ordered by
the Commission or further agreed to by Qwest and CLEC in writing. CLEC will
provide on the LSR, the appropriate frame terminations which are dedicated to
POTS Splitters. Qwest will administer all cross-connects/jumpers on the
COSMIC™/MDF and ICDF.
9.4.5.1.3 Basic Installation "lift and lay" procedure will be used for all
Shared Loop orders. Under this approach, a Qwest technician "lifts" the Loop
from its current termination in a Qwest Wire Center and "lays" it on a new
termination connecting to CLEC’s collocated equipment in the same Wire Center.
9.4.5.1.4 Qwest will provision the Shared Loop within the standard
unbundled Loop Provisioning interval as defined in Exhibit C.
9.4.5.1.5 CLEC shall not place initial orders for Shared Loops until all
infrastructure work necessary to provision Line Sharing in a given Qwest Wire
Center, including, but not limited to, POTS Splitter installation and TIE Cable
reclassification or augmentation has been completed. Upon CLEC request at
any time, including before placing an order, Qwest will arrange for a Wire Center
walkthrough to verify the Line Sharing installation including APOT Information
and associated databases, wiring and stenciling in the Qwest Wire Center.
9.4.5.1.6 Prior to placing an LSR for Shared Loop, CLEC must obtain a
Proof of Authorization from the End User Customer in accordance with the Proof
of Authorization Section.
9.4.5.2 Common Area Splitter Collocation
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9.4.5.2.1 This Section only applies to situations where CLEC orders
placement of the Splitter in a common area.
9.4.5.2.2 New POTS Splitter shelves may be ordered via a single
Collocation application form and quote preparation fee. Standard intervals as
contained in Exhibit C will apply.
9.4.5.2.3 New POTS Splitter shelves may be ordered with an existing
Collocation. CLEC must submit a new Collocation application form and the
applicable fee to Qwest. Standard Cageless and/or Common Collocation
intervals as contained in Exhibit C will apply.
9.4.5.3 TIE Cable Reclassification
9.4.5.3.1 To the extent CLEC has existing DSO TIE Cable terminations
extending from an intermediate distribution frame to its Collocation space, CLEC
may request that these existing DSO TIE Cable terminations be reclassified for
use with Line Sharing. CLEC shall request such reclassification through the
same process used to order new terminations.
9.4.6 Repair and Maintenance
9.4.6.1 Qwest will allow CLEC to access Shared Loops at the point where the
combined voice and data Loop is cross-connected to the POTS Splitter.
9.4.6.2 Qwest will be responsible for repairing voice services provided over
Shared Loops and the physical line between Network Interface Devices at End User
premises and the point of demarcation in Qwest Wire Centers. Qwest will also be
responsible for inside wiring at End User premises in accordance with the terms and
conditions of inside wire maintenance agreements, if any, between Qwest and its End
Users. CLEC will be responsible for repairing data services provided on Shared Loops
and is entitled to test the entire frequency range of the Loop facility. Qwest and CLEC
each will be responsible for maintaining its equipment. The entity that controls the
POTS Splitters will be responsible for their maintenance.
9.4.6.3 Qwest and CLEC will continue to develop repair and maintenance
procedures for Line Sharing and agree to document final agreed to procedures in a
methods and procedures document that will be made available on Qwest’s website:
http://www.qwest.com/wholesale/. In the interim, Qwest and CLEC agree that the
following general principles will guide the repair and maintenance process for Line
Sharing.
9.4.6.3.1 If an End User complains of a voice service problem that may be
related to the use of a Shared Loop for data services, Qwest and CLEC will work
together with the End User to solve the problem to the satisfaction of the End
User. Qwest will not disconnect the data service provided to an End User over a
Shared Loop without the written permission of CLEC unless the End User’s voice
service is so degraded that the End User cannot originate or receive voice grade
calls and/or the End User authorizes Qwest to disconnect the data service.
Qwest will notify CLEC whenever this occurs upon voice trouble ticket closure.
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9.4.6.3.2 Qwest and CLEC are responsible for their respective End User
base. Qwest and CLEC will have the responsibility for resolution of any service
trouble report(s) initiated by their respective End Users.
9.4.6.3.3 Qwest will test for electrical faults (e.g. opens, and/or foreign
voltage) on Shared Loops in response to trouble tickets initiated by CLEC. When
trouble tickets are initiated by CLEC, and such trouble is not an electrical fault
(e.g. opens, shorts, and/or foreign voltage) in Qwest’s network, Qwest will assess
CLEC the TIC Charge.
9.4.6.3.4 When trouble reported by CLEC is not isolated or identified by
tests for electrical faults (e.g. opens, shorts, and/or foreign voltage), Qwest may
perform additional testing at the request of CLEC on a case-by-case basis.
CLEC may request that Qwest perform additional testing and Qwest may decide
not to perform requested testing where it believes, in good faith, that additional
testing is unnecessary because the test requested has already been performed
or otherwise duplicates the results of a previously performed test. In this case,
Qwest will provide CLEC with the relevant test results on a case-by-case basis.
If this additional testing uncovers electrical fault trouble (e.g. opens, shorts,
and/or foreign voltage) in the portion of the network for which Qwest is
responsible, CLEC will not be charged by Qwest for the testing. If this additional
testing uncovers a problem in the portion of the network for which CLEC is
responsible, Qwest will assess the appropriate Miscellaneous Charge.
9.4.6.4 When POTS Splitters are installed in Qwest Wire Centers via Common
Area Splitter Collocation, CLEC will order and install additional Splitter cards as
necessary to increase the capacity of the POTS Splitters. CLEC will leave one unused,
spare Splitter card in every shelf to be used for repair and maintenance until such time
as the card must be used to fill the shelf to capacity.
9.4.6.5 When POTS Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC may install test access equipment in its Collocation
areas in those Wire Centers for the purpose of testing Shared Loops. This equipment
must meet the requirements for Central Office equipment set by the FCC in its March 31,
1999 Order in CC Docket No. 98-147.
9.4.6.6 Qwest and CLEC will work together to address End User initiated repair
requests and to prevent adverse impacts to the End User.
9.4.7 Other
9.4.7.1 Reserved for Future Use.
9.5 Network Interface Device (NID)
9.5.1 Description
The Qwest NID is defined as any means of Interconnection of on-premises wiring and Qwest’s
distribution plant, such as a cross-connect device used for that purpose. Specifically, the NID is
a single-line termination device or that portion of a multiple-line termination device required to
terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a
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Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to
access only a NID (i.e., CLEC does not wish to access a Subloop connected to that NID), it may
only do so pursuant to this Section 9.5. Qwest shall permit CLEC to connect its own Loop
facilities to on-premises wiring through Qwest’s NID, or at any other Technically Feasible point.
The NID carries with it all features, functions and capabilities of the facilities used to connect the
Loop distribution plant to the Customer premises wiring, regardless of the particular design of
the NID mechanism. Although the NID provides the connection to the Customer premises
wiring, it may not represent the Demarcation Point where Qwest ownership or control of the
intra-premises wiring ends. The NID contains a protective ground connection that protects the
Customer’s on-premises wiring against lightning and other high voltage surges and is capable of
terminating media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse
basis, the existing drop and Qwest’s NID, as well as any on premises wiring that Qwest owns or
controls, will remain in place and continue to carry the signal over the Customer’s on-premises
wiring to the End User’s equipment. Notwithstanding the foregoing, an Unbundled Loop and
any Subloop terminating at a NID shall include the existing drop and the functionality of the NID
as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties:
9.5.1.1 Simple NID - The modular NID is divided into two (2) components, one
containing the over-voltage unit (protector) and the other containing the End User’s on-
premises inside wiring termination, and a modular plug which connects the inside wire to
the distribution plant or dial tone source. The non-modular NID is a protector block with
the inside wire terminated directly on the distribution facilities.
9.5.1.2 Smart NID – To the extent Qwest has deployed "Smart" devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facility from the premises wiring for testing purposes, and such devices have spare
functioning capacity not currently used by Qwest or any other provider, Qwest shall
provide unbundled access to such devices. Qwest shall also continue to allow CLEC, at
its option, to use all features and functionality of the Qwest NID including any protection
mechanisms, test capabilities, or any other capabilities now existing or as they may exist
in the future regardless of whether or not CLEC terminates its own distribution facility on
the NID.
9.5.1.3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional
components: one containing the over-voltage unit (protector) and the other containing
the terminations of the on-premises inside wiring. Such devices contain the protectors
for, and may be located externally or internally to the premises served.
9.5.2 Terms and Conditions
9.5.2.1 A CLEC can use the existing Qwest NID to terminate its drop if space
permits, otherwise a new NID or other Technically Feasible Interconnection point is
required. If CLEC installs its own NID, CLEC may connect its NID to the Qwest NID by
placing a cross-connect between the two. When Provisioning a NID to NID connection,
CLEC will isolate the Qwest facility in the NID by unplugging the modular unit. If CLEC
requires that a non-modular unit be replaced with a modular NID, Qwest will perform the
replacement for the charge described in Section 9.5.3.1. If CLEC is a facility based
provider up to and including its NID, the Qwest facility currently in place, including the
NID, will remain in place. At no time should either Party remove the other Party’s Loop
facilities from the other Party’s NID.
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9.5.2.1.1 Qwest shall allow CLEC to connect its Loops directly to the NID
field containing the terminations of the on-premises inside wiring not owned or
controlled by Qwest, without restriction. Where Qwest does not own or control
the on-premises inside wiring, CLEC and the landowner shall determine
procedures for such access.
9.5.2.1.2 Qwest shall allow CLEC to use all features and functionality of
the Qwest NID including any protection mechanisms, test capabilities, or any
other capabilities now existing or as they may exist in the future.
9.5.2.1.3 Pursuant to generally acceptable work practices, and provided
the inside wire re-termination is required to meet service requirements of either
Parties’ End User Customer. Either Party may remove the inside wire from the
NID and connect that wire to that Party’s own NID.
9.5.2.1.4 CLEC may enter the subscriber access chamber or "End User
Customer side" of "dual chamber" NID enclosures for the purpose of NID to NID
connections.
9.5.2.1.5 Upon CLEC request, Qwest will make other rearrangements to
the inside wire terminations or terminal enclosure. Charges will be assessed per
section 9.5.3.4. No such charge shall be applicable if Qwest initiates the
rearrangement of such terminations. In all such instances, rearrangements shall
be performed in a non-discriminatory fashion and timeframe and without a
Customer’s perceivable disruption in service. Qwest will not make any
rearrangements of wiring that is provided by another Carrier that relocates the
other Carrier’s test access point without notifying the affected Carrier promptly
after such rearrangement if CLEC has properly labeled its cross-connect wires.
9.5.2.2 Qwest will retain sole ownership of the Qwest NID and its contents on
Qwest’s side. Qwest is not required to proactively conduct NID change-outs, on a wide
scale basis. At CLEC’s request, Qwest will change the NID on an individual request
basis by CLEC and charges will be assessed per section 9.5.3.5 except where Section
9.5.5.1 applies. Qwest is not required to inventory NID locations on behalf of CLEC.
9.5.2.3 When CLEC accesses a Qwest NID, it shall employ generally accepted
best engineering practices and comply with industry standards should such standards
exist when it physically connects its NID (or equivalent) to the Qwest NID and makes
Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label
the cross-connect wires it uses to provide service. Qwest shall label its terminals when
a technician is dispatched.
9.5.2.4 All services fed through a protector field in a Qwest NID located inside a
building will interface on an industry standard termination block and then extend, via a
Cross Connection to the Customer’s in-premises wiring. All services fed through a
protector field in a Qwest NID that is attached to a building will interface on industry
standard lugs or a binding post type of termination and then extend, via a Cross
Connection, to the Customer’s on-premises wiring.
9.5.2.5 If so requested by CLEC, Qwest shall allow CLEC to connect its Loops
directly to the protector field at Qwest NIDs that have unused protectors and are not
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used by Qwest or any other Telecommunications Carrier to provide service to the
premises. If a CLEC accesses the Qwest protector field it shall do so on the distribution
side of the protector field only where spare protector capacity exists. In such cases,
CLEC shall only access a Qwest NID protector field in cable increments appropriate to
the NID. If twenty-five (25) or more metallic cable pairs are simultaneously terminated at
the MTE NID, additions must be in increments of twenty-five (25) additional metallic
pairs. In all cases, telecommunications cables entering a Qwest NID must be terminated
in compliance with FCC 88-57, section 315 of the National Electric Safety Code and
section 800.30 of the National Electric Code.
9.5.2.6 Reserved for Future Use.
9.5.3 Rate Elements
9.5.3.1 If CLEC requests the current Simple NID to be replaced with a different
Simple NID, pursuant to section 9.5.2.1, charges will be assessed on a time and
materials basis with CLEC paying only for the portion of the change out that is specific to
and for the functionality that supports CLEC requirements.
9.5.3.2 Recurring rates for unbundled access to the protector field in a Qwest
NID are contained in Exhibit A of this Agreement and apply pursuant to 9.5.2.5.
9.5.3.3 When a CLEC requests that Qwest perform the work to connect its NID
to the Qwest NID, the costs associated with Qwest performing such work will be charged
to CLEC on a time and materials basis.
9.5.3.4 Where Qwest makes 9.5.2.1.5 rearrangements to the inside wire
terminations or terminal enclosure on CLEC request pursuant to Section 9.5.2.1.5,
charges will be assessed on a time and materials basis.
9.5.3.5 CLEC will be billed on a time and materials basis for any change out
Qwest performs pursuant to Section 9.5.2.2. CLEC will be billed only for the portion of
the change out that is specific to the CLEC request for additional capacity.
9.5.4 Ordering Process
9.5.4.1 Reserved for Future Use.
9.5.4.2 CLEC may access a MTE NID after determining that the terminal in
question is a NID per the process identified in 9.3. If the terminal is a NID and CLEC
wishes to access the Customer field of the NID, no additional verification is needed by
Qwest. CLEC shall tag their jumper wire.
9.5.4.2.1 When CLEC seeks to connect to a cross-connect field other than
to the Customer field of the NID, CLEC shall submit a LSR for connection to the
NID. Qwest shall notify CLEC, within ten (10) business days, if the connection is
not Technically Feasible. In such cases, Qwest shall inform CLEC of the basis
for its claim of technical infeasibility and, at the same time, identify all alternative
points of connection that Qwest would support. CLEC shall have the option of
employing the alternative terminal or disputing the claim of technical infeasibility
pursuant to the dispute resolution provisions of this Agreement. No additional
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verification is needed by Qwest and CLEC shall tag their jumper wire.
9.5.4.3 Subject to the terms of 9.5.4.2, CLEC may perform a NID-to-NID
connection, according to 9.5.2.3, and access the Customer field of the NID without
notice to Qwest. CLEC may access the protector field of the NID by submitting a LSR.
9.5.5 Maintenance and Repair
9.5.5.1 If Qwest is dispatched to an End User’s location on a maintenance issue
and finds the NID to be defective, Qwest will replace the defective element or, if beyond
repair, the entire device at no cost to CLEC. If the facilities and lines have been
removed from the protector field or damaged by CLEC, CLEC will be responsible for all
costs associated with returning the facilities and lines back to their original state.
Charges for this work will be on a time and materials basis and billed directly to CLEC.
Billing disputes will be resolved in accordance with the dispute resolution process
contained in this Agreement. Maintenance and Repair processes are contained in the
Support Functions Section of this Agreement.
9.6 Unbundled Dedicated Interoffice Transport (UDIT)
Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions.
9.6.1 Description
9.6.1.1 Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a
Network Element of a single transmission path between Qwest end offices, Serving Wire
Centers or tandem switches in the same LATA and state. A UDIT can also provide a
path between one CLEC in one Qwest Wire Center and a different CLEC in another
Qwest Wire Center. Extended Unbundled Dedicated Interoffice Transport (EUDIT)
provides CLEC with a bandwidth specific transmission path between the Qwest Serving
Wire Center to CLEC’s Wire Center or an IXC’s Point of Presence located within the
same Qwest Serving Wire Center area. UDIT is a distance-sensitive, flat-rated
bandwidth-specific interoffice transmission path designed to a DSX in each Qwest Wire
Center. Qwest shall allow CLEC to access UDIT that is a part of a Meet Point
arrangement between Qwest and another Local Exchange Carrier if CLEC has an
Interconnection agreement containing access to UDIT with connecting Local Exchange
Carrier at the determined Meet Point. Qwest rates, terms and conditions shall apply to
the percentage of the route owned by Qwest. EUDIT is a flat-rated, bandwidth-specific
interoffice transmission path. EUDIT and UDIT are available in DS0 through OC-192
bandwidths and such higher capacities as evolve over time where facilities are available.
EUDIT and UDIT in bandwidths up to OC-48 are defined products. Higher bandwidths
can be ordered using the Special Request Process. CLEC can assign channels and
transport its choice of voice or data. Specifications, interfaces and parameters are
described in Qwest Technical Publication 77389.
9.6.1.2 An unbundled multiplexer is offered as an optional stand-alone element
associated with UDIT. A 3/1 multiplexer provides CLEC with the ability to multiplex the
DS3 44.736 Mbps signal to 28 DS1 1.544 Mbps channels. The 3/1 multiplexer, in
conjunction with an ITP, provides a DS3 signal terminated at a Demarcation Point and
28 DS1 signals terminated at a Demarcation Point. A 1/0 multiplexer provides CLEC
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with the ability to multiplex the DS1 1.544 Mbps signal to 24 DS0 64 Kbps channels.
The 1/0 multiplexer provides a DS1 signal terminated at a Demarcation Point and 24
DS0 signals terminated at a Demarcation Point. SONET add/drop multiplexing is
available on an ICB basis where facilities are available and capacity exists.
9.6.1.3 In conjunction with a UDIT, CLEC may order Remote Node/Remote Port
at the CLEC Wire Center or IXC POP, if the Remote Node is already installed and spare
card capacity exists. Remote Node provides the equipment necessary to deliver
bandwidth capacities of OC3, OC12, OC48 and OC192 (SRP). At least one (1) Remote
Port (card) must be ordered with Remote Node to deliver the specified payload. A
Remote Node at OC3 can deliver 3 DS3s or 84 DS1s; at OC12 a payload of 4 OC3 or
12 DS3 or 336 DS1; at OC48 a payload of 4 OC12s or 16 OC3s or 48 DS3s.
9.6.2 Terms and Conditions
9.6.2.1 To the extent that CLEC is ordering access to a UNE Combination, and
Cross Connections are necessary to combine UNEs, Qwest will perform requested and
necessary Cross Connections between UNEs in the same manner that it would perform
such Cross Connections for its End User Customers or for itself. If not ordered as a
combination, CLEC is responsible for performing Cross Connections at its Collocation or
other mutually determined Demarcation Point between UNEs and ancillary or Finished
Services, and for transmission design work including regeneration requirements for such
connections. Such Cross Connections will not be required of CLEC when CLEC orders
a continuous Dedicated Transport element from one point to another.
9.6.2.2 CLEC must order all multiplexing elements (if it chooses the multiplexing
option) and regeneration requirements with its initial installation for the 3/1 multiplexer,
including all 28 DS1s and the settings on the multiplexer cards. If options are not
selected and identified on the order by CLEC, the order will be held until options are
selected. For the 1/0 multiplexer, the low side channels may be ordered as needed.
Low Side Channelization charges are assigned as channels are ordered. When Loops
are ordered in combination with multiplexing, Qwest will provision Loops directly
terminated to the multiplexer.
9.6.2.3 With the exception of combinations provided through the UNE
Combinations Section, Section 9.23, CLEC may utilize any form of Collocation at both
ends of the UDIT. Collocation is required at the Qwest Central Office end of EUDIT.
When UDIT and EUDIT are ordered together, at the same bandwidth, to form a single
transmission path, Collocation is required only when one end of the unbundled transport
terminates in a Qwest Central Office. If regeneration is required only between the UDIT or
EUDIT termination point (the DSX panel or equivalent) and CLECs Collocation, CLEC
must order such regeneration pursuant to Section 9.1.4 and the charges listed in Exhibit A
will apply. Channel regeneration charges shall not apply if Qwest fails to make available
to CLEC: (a) a requested, available location at which regeneration would not be
necessary or; (b) Collocation space that would have been available and sufficient but for
its reservation for the future use of Qwest.
9.6.2.4 CLEC shall not use EUDIT as a substitute for special or Switched
Access Services, except to the extent CLEC provides such services to its End User
Customers in association with Local Exchange Services. Pending resolution by the
FCC, Qwest will not apply the local use restrictions contained in 9.23.3.7.2.
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9.6.2.5 For DS1 EUDIT, Qwest may provide existing copper to CLEC’s Serving
Wire Center. For EUDIT above DS1, Qwest provides an optical interface at the location
requested by CLEC.
9.6.2.6 At the terminating location for each EUDIT, space shall be provided to
Qwest for the necessary termination equipment. Where spare electronics not reserved
for LIS trunking exist, Qwest will, upon request, allow termination of an UDIT on the
electronics to permit UDIT to have the full features and functionalities of the electronics.
9.6.2.7 EUDIT cannot traverse a Qwest Wire Center.
9.6.3 Rate Elements
9.6.3.1 DS1 UDIT rates are contained in Exhibit A of this Agreement and include
the following elements:
a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.
b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between Qwest Wire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating offices.
c) DS1 EUDIT Facility Rate Element. This recurring rate element provides
a transmission path of 1.544 Mbps between a Qwest Wire Center and CLEC
Wire Center or IXC Point of Presence. This is a non-distance sensitive rate
element.
d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS1 service.
e) DS1 EUDIT Nonrecurring Charge. This one-time charge applies for the
specific work activity associated with the installation of a DS1 EUDIT Facility.
9.6.3.2 DS3 UDIT rates are contained in Exhibit A of this Agreement and include
the following elements:
a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 44.736 Mbps termination. In addition to the fixed rate
element, a per-mile rate element, as described below, also applies.
b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides an interoffice transmission path of 44.736 Mbps between
Qwest Wire Centers. This is a mileage sensitive element based on the V&H
coordinates of the DS3 UDIT. The mileage is calculated between the originating
and terminating offices.
c) DS3 EUDIT Facility Rate Element. This recurring rate element provides
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a transmission path of 44.736 Mbps between a Qwest Serving Wire Center and
CLEC’s Serving Wire Center or IXC Point of Presence. This is a non-distance
sensitive element.
d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
e) DS3 EUDIT Facility Nonrecurring Charge. This one-time charge applies
for the specific work activity associated with the installation of a DS3 EUDIT
Facility.
9.6.3.3 DS0 UDIT rates are contained in Exhibit A of this Agreement and include
the following elements:
a) DS0 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 64 Kbps termination. In addition to the fixed rate element, a
per-mile rate element, as described below, also applies.
b) DS0 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 64 Kbps between Qwest Wire Centers.
This is a mileage sensitive element based on the V&H coordinates of the DS0
UDIT. The mileage is calculated between the originating and terminating offices.
c) DS0 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS0 service.
9.6.3.4 OC-3 UDIT rates are contained in Exhibit A of this Agreement and
include the following elements:
a) OC-3 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 155.52 Mbps termination. In addition to the fixed rate
element, a per-mile rate element, as described below, also applies.
b) OC-3 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 155.52 Mbps between Qwest Wire
Centers. This is a distance sensitive element based on the V&H coordinates of
the OC-3 UDIT. The mileage is calculated between the originating and
terminating offices.
c) OC-3 EUDIT Facility Rate Element. This recurring rate element
provides a transmission path of 155.52 Mbps between a Qwest Serving Wire
Center and CLEC’s Serving Wire Center or IXC Point of Presence. This is a
non-distance sensitive element.
d) OC-3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the OC-3 service.
e) OC-3 EUDIT Facility Nonrecurring Charge. This one-time charge
applies for the specific work activity associated with the installation of an OC-3
EUDIT Facility.
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9.6.3.5 OC-12 UDIT rates are contained in Exhibit A of this Agreement and
include the following elements:
a) OC-12 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 622.08 Mbps termination. In addition to the fixed rate
element, a per-mile rate element, as described below, also applies.
b) OC-12 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 622.08 Mbps between Qwest Wire
Centers. This is a distance sensitive element based on the V&H coordinates of
the OC-12 UDIT. The mileage is calculated between the originating and
terminating offices.
c) OC-12 EUDIT Facility Rate Element. This recurring rate element
provides a transmission path of 622.08 Mbps between a Qwest Serving Wire
Center and CLEC’s Serving Wire Center or IXC Point of Presence. This is a
non-distance sensitive element.
d) OC-12 Nonrecurring Charge. One-time charges apply for a specific
work activity associated with installation of the OC-12 service.
e) OC-12 EUDIT Facility Nonrecurring Charge. This one-time charge
applies for the specific work activity associated with the installation of an OC-12
EUDIT Facility.
9.6.3.5.1 OC-48 UDIT rates are contained in Exhibit A of this Agreement
and include the following elements:
a) OC-48 Transport Termination (Fixed) Rate Element. This
recurring rate element provides a 2.488 Gbps termination. In addition to
the fixed rate element, a per-mile rate element, as described below, also
applies.
b) OC-48 Transport Facilities (Per Mile) Rate Element. This
recurring rate element provides a transmission path of 2.488 Gbps
between Qwest Wire Centers. This is a distance sensitive element based
on the V&H coordinates of the OC-48 UDIT. The mileage is calculated
between the originating and terminating offices.
c) OC-48 EUDIT Facility Rate Element. This recurring rate
element provides a transmission path of 2.488 Gbps between a Qwest
Serving Wire Center and CLEC’s Serving Wire Center or IXC Point of
Presence. This is a non-distance sensitive element.
d) OC-48 Nonrecurring Charge. One-time charges apply for a
specific work activity associated with installation of the OC-48 service.
e) OC-48 EUDIT Facility Nonrecurring Charge. This one-time
charge applies for the specific work activity associated with the
installation of an OC-48 EUDIT Facility.
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9.6.3.6 Low Side Channelization (LSC) Charge. A recurring charge for low side
multiplexed channel cards and settings at each end of the DS0 UDIT.
9.6.3.7 3/1 multiplexing rates are contained in Exhibit A of this Agreement, and
include the following:
a) Recurring Multiplexing Charge. The DS3 Central Office Multiplexer
provides de-multiplexing of one DS3 44.736 Mbps to 28 1.544 Mbps channels.
b) Nonrecurring Multiplexing Charge. One-time charges apply for a
specific work activity associated with installation of the multiplexing service.
9.6.3.8 1/0 multiplexing rates are contained in Exhibit A of this Agreement, and
include the following charges:
a) Recurring Multiplexing Charge. The DS0 Central Office multiplexer
provides de-multiplexing of one DS1 1.544 Mbps to 24 64 Kbps channels.
b) Nonrecurring Multiplexing Charge. One-time charges apply for a
specific work activity associated with installation of the multiplexing service,
including low side channelization of all 28 channels.
c) Low Side Channelization (LSC). A recurring charge for low side
multiplexed channel cards and settings plus a nonrecurring charge for each
individual channelization Provisioning.
9.6.3.9 Rearrangement rates are contained in Exhibit A of this Agreement.
9.6.3.10 Remote Node/Remote Port rates are contained in Exhibit A of this
Agreement and include the following charges:
a) Recurring Remote Node Charge. The Remote Node at OC3, OC12
or OC48.
b) Recurring Remote Port Charge. A recurring charge for Remote Port
card at DS1, DS3, OC3, OC12.
c) Nonrecurring Remote Port. One-time charges for installation of
Remote Port card at DS1, DS3, OC3, OC12.
9.6.4 Ordering Process
9.6.4.1 Ordering processes and installation intervals are as follows:
9.6.4.1.1 UDIT is ordered via the ASR process. Ordering processes are
contained in the Support Functions Section of this Agreement.
9.6.4.1.2 Reserved for Future Use.
9.6.4.1.3 The interval will start when Qwest receives a complete and
accurate Access Service Request (ASR). This date is considered the start of the
installation interval if the order is received prior to 3:00 p.m. The installation
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interval will begin on the next business day for service requests received after
3:00 p.m. The installation intervals have been established and are set forth in
Exhibit C, Section 2.0 of this Agreement.
9.6.4.1.4 Subsequent changes to the quantity of services on an existing
order will require a revised order. Also, additional charges apply for the following
modifications to existing orders unless the need for such change is caused by
Qwest:
a) Service date changes;
b) Partial cancellation;
c) Design change; and
d) Expedited order.
9.6.4.1.5 An order may be canceled any time up to and including the
Service Date. Cancellation charges will apply except when:
a) The original Due Date or CLEC-initiated subsequent Due Date
was, or CLEC has been notified by Qwest that such Due Date will be,
delayed ten (10) business days or longer; or
b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit C and CLEC cancels
its order no later than ten (10) days before such original Due Date.
9.6.4.1.6 Definitions of the most common critical dates that occur during
the ordering and installation process are included in the Definitions Section of
this Agreement.
9.6.4.2 UDIT is ordered with basic installation. Qwest will install the UDIT
extending connections to CLEC Demarcation Point and will notify CLEC when the work
activity is complete.
9.6.4.3 UDIT 3/1 multiplexing is provisioned as a complete system with
terminations at the Demarcation Point and all multiplexing cards. CLEC must order
settings for all cards at the time of the multiplexing request.
9.6.4.4 For UDIT 1/0 multiplexing, the high side is fully provisioned with the
order. The low side is provisioned when low side channels are ordered. Optional card
settings are selected by CLEC at the time of the DS0 order.
9.6.4.5 Qwest will perform industry standard tests, set forth in Technical
Publication 77389, when installing UDIT service.
9.6.4.6 Reserved for Future Use.
9.6.5 Maintenance and Repair
9.6.5.1 The Parties will perform cooperative testing and trouble isolation to
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identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Support Functions Section of this Agreement.
9.6.6 Rearrangement
9.6.6.1 CLEC can submit requests through the ASR process to move or
rearrange UDIT or EUDIT terminations on CLEC’s Demarcation Point or to change UDIT
or EUDIT options. These rearrangements are available through a single office or dual
office request. Single office rearrangements are limited to the change in options or
movement of terminations within a single Wire Center. Dual office rearrangements are
used to change options or movement of terminations in two (2) Wire Centers.
Rearrangement is only available for in-place and working UDITs or EUDITs.
9.6.6.2 The rearrangement of terminations or option changes are completed as
an "uncoordinated change" (basic request) and will be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
9.6.6.3 CLEC will submit an ASR with the rearrange USOC and appropriate
termination information (e.g. CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
9.7 Unbundled Dark Fiber
9.7.1 Description
9.7.1 Unbundled Dark Fiber (UDF) is a deployed, unlit pair of fiber optic cable or
strands that connects two points within Qwest’s network. UDF is a single transmission path
between two Qwest Wire Centers, or between a Qwest Wire Center and a CLEC Wire Center,
or between a Qwest Wire Center and either an appropriate outside plant structure or an End
User Customer premises in the same LATA and state. UDF exists in three (3) distinct forms: (a)
UDF Interoffice Facility (UDF-IOF), which constitutes an deployed route between two Qwest
Wire Centers; and (b) UDF-Loop, which constitutes a deployed Loop or section of a deployed
Loop between a Qwest Wire Center and an End User Customer premises; and (c) Extended
UDF (E-UDF) which constitutes a deployed route between a Qwest Wire Center and a CLEC
Wire Center. Deployed Dark Fiber facilities shall include Dark fiber Qwest has obtained with
capitalized Indefeasible Right to Use (IRUs) or capitalized leases that do not prohibit Qwest’s
ability to provided access to another person or entity. Deployed Dark Fiber facilities shall not be
limited to facilities owned by Qwest, but will include in place and easily called into service facilities
to which Qwest has otherwise obtained a right of access, including but not limited to capitalized
Indefeasible Right to Use (IRUs) or capitalized leases. Qwest shall not be required to extend
access in a manner that is inconsistent with the restrictions and other terms and conditions that
apply to Qwest's access; however, in the case of access obtained from an Affiliate: (a) the actual
practice and custom as between Qwest and the Affiliate shall apply, in the event that it provides
broader access than does any documented agreement that may exist, and (b) any terms
restricting access by CLEC that are imposed by the agreement with the affiliate (excluding good-
faith restrictions imposed by any agreement with a third party from whom the affiliate has gained
rights of access) shall not be applied to restrict CLEC access.
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9.7.2 Terms and Conditions
9.7.2.1 Qwest will provide CLEC with non-discriminatory access to UDF in
accordance with section 9.1.2. Qwest will provide UDF of substantially the same quality
as the fiber facilities that Qwest uses to provide retail service to its own End User
Customers.
9.7.2.2 Qwest provides access to unbundled Dark Fiber at:
9.7.2.2.1 Accessible terminations such as fiber distribution panels.
9.7.2.2.2 Splice cases (except those that are buried and are not readily
accessible without excavation) in the UDF-Loop and E-UDF subject to the
following conditions:
9.7.2.2.2.1 Unspliced fiber is available, subject to Section
9.7.2.5;
9.7.2.2.2.2 Available unspliced fiber is not ribbon fiber;
9.7.2.2.2.3 Splice capacity is available in the Qwest splice case;
9.7.2.2.2.4 Space exists for CLEC splice case;
9.7.2.2.2.5 Qwest will perform splice in Qwest splice case;
9.7.2.2.2.6 CLEC shall not have access to Qwest’s splice case;
9.7.2.2.2.7 Qwest will provide a fiber stub for CLEC to splice the
Qwest fiber stub to CLEC fiber strand in CLEC splice case;
9.7.2.2.2.8 Qwest will perform all splices in Qwest splice case
when CLEC is not providing fiber facilities;
9.7.2.2.2.9 Qwest will not open or break any existing splices on
continuous fiber optic cable routes. Where the end of a fiber optic strand
exists in a splice case, Qwest will open that splice case and stub out the
end of the Dark Fiber strand for CLEC;
9.7.2.2.2.10 CLEC will perform splices in CLEC splice case per
Technical Publication 77383;
9.7.2.2.2.11 Qwest will perform all modifications associated with
access to UDF via splicing under the terms of Exhibit A; and
9.7.2.2.2.12 All access is subject to the Field Verification and
Quote Preparation (FVQP).
9.7.2.2.3 CLEC may request placement of a FDP at any building or
controlled environment location in the Qwest network in order to access
unterminated UDF pursuant to Section 9.19.
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9.7.2.3 Qwest will provide CLEC with access to deployed Dark Fiber facilities.
CLEC shall be responsible for obtaining and connecting electronic equipment, whether
light generating or light terminating equipment, to the Dark Fiber. Qwest will not remove,
and CLEC shall be permitted to use, regenerating equipment that already exists in mid-
span.
9.7.2.4 Qwest will provide Unbundled Dark Fiber to CLEC in increments of two
(2) strands (by the pair). In addition, after May 31, 2001, Qwest will provide UDF to
CLEC in increments of one (1) strand. CLEC may obtain up to twenty-five percent
(25%) of available Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in
each fiber cable segment over a twelve (12) month period. Before CLEC may order
additional UDF on such fiber cable segment, CLEC must demonstrate efficient use of
existing fiber in each cable segment. Efficient use of interoffice cable segments is
defined as providing a minimum of OC-12 termination on each fiber pair. Efficient use of
Loop fiber is defined as providing a minimum of OC-3 termination on each fiber pair.
Efficient use of E -UDF is defined as providing a minimum of OC -3 termination on each
fiber pair. CLEC may designate five percent (5%) of its fibers along a fiber cable
segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or
strands are not subject to the termination requirements in this paragraph.
9.7.2.5 Qwest shall not have an obligation to unbundle Dark Fiber in the
following circumstances:
a) Qwest will not unbundle Dark Fiber that Qwest utilizes for
maintenance or reserves for maintenance spare for Qwest’s own use. Qwest
shall not reserve more than five percent (5%) of the fibers in a sheath, or two (2)
strands, whichever is greater, for maintenance or maintenance spare for Qwest’s
own use.
b) Qwest will not be required to unbundle Dark Fiber if Qwest
demonstrates to the Commission by a preponderance of the evidence that such
unbundling would create a likely and foreseeable threat to its ability to meet its
Carrier of last resort obligations as established by any regulatory authority.
Qwest shall initiate such proceeding within seven (7) calendar days of denying
CLEC’s request (by written notice) to unbundle Dark Fiber where such fiber is
available. In this proceeding, Qwest shall not object to using the most
expeditious procedure available under state law, rule or regulation. Qwest shall
be relieved of its unbundling obligations, related to the specific Dark Fiber at
issue, pending the proceeding before the Commission. If Qwest fails to initiate
such pending proceeding within such seven (7) day period, CLEC’s request to
unbundle Dark Fiber shall be reinstated and the ordering and Provisioning
processes of Section 9.7.3 shall continue.
9.7.2.6 Qwest will provide CLEC with access to the deployed Dark Fiber in its
network in either single-mode or multi-mode. During the inquiry process, Qwest will
inform CLEC of the availability of single-mode and multi-mode fiber.
9.7.2.7 Specifications, interfaces and parameters for Dark Fiber are described in
Qwest’s Technical Publication 77383.
9.7.2.8 CLEC is responsible for trouble isolation before reporting trouble to
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Qwest.
9.7.2.9 CLEC shall not use UDF that is part of a Loop-transport combination, as
a substitute for special or Switched Access Services, except to the extent CLEC
provides "a significant amount of local exchange traffic" to its End Users over the UDF
as set forth by the FCC (See 9.23.3.7.2).
9.7.2.10 Upon thirty (30) calendar days notification to CLEC, Qwest may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
Customers at the time of Qwest’s notice to CLEC. In such proceeding, Qwest shall have
the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of
last resort obligations as established by any regulatory authority. In such proceeding,
CLEC shall not object to using the most expeditious procedure available under state law,
rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose
permitted under this Agreement pending the proceeding before the Commission;
provided, however, that such use shall be at CLEC's sole risk of any reclamation
approved by the Commission, including the risk of termination of service to End User
Customers. CLEC may designate five percent (5%) of its fibers along a fiber cable
segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or
strands are not subject to the reclamation requirements in this paragraph.
9.7.2.11 Reserved for Future Use.
9.7.2.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to section 9.1.4 of this Agreement at both
terminating points of the UDF-IOF or at the Serving Wire Center of either the UDF-Loop
or the E –UDF unless Loop and transport combinations are ordered. Qwest will provide
fiber cross connects at the Serving Wire Center to connect UDF-Loop or E-UDF with the
UDF-IOF if such elements are ordered in combination. No Collocation is required in
intermediate Central Offices within a UDF or at Central Offices where CLEC’s UDFs are
cross connected. CLEC has no access to UDF at those intermediate Central Offices.
9.7.2.12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of traffic is permissible pursuant to the provisions in Section 9.7.
9.7.2.13 For UDF-Loop, CLEC is responsible for all work activities at the End
User premises. All negotiations with the premises end user and or premises owner are
solely the responsibility of CLEC.
9.7.2.14 For a UDF-Loop terminating at an existing End User premises FDP,
Qwest will provide to CLEC an optical "jumper", not to exceed thirty (30) feet in length,
connected to the Qwest UDF-Loop FDP.
9.7.2.15 The Remote Collocation provisions and §9.3.8.1 of this Agreement apply
where CLEC needs to gain access to UDF at an outside plant structure.
9.7.2.16 CLEC will incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.
9.7.2.17 Qwest and CLEC will jointly participate in continuity testing within the
Provisioning interval established in Exhibit C. Qwest and CLEC must coordinate on the
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date and time for this continuity testing. As part of their respective duties regarding this
continuity test, Qwest shall furnish a light detector at one termination point of the UDF,
and CLEC shall furnish light generating equipment at the other termination point of the
UDF as described below:
9.7.2.17.1 UDF-IOF: Qwest and CLEC shall mutually agree on the Wire
Center at which Qwest must provide a light detector and the Wire Center at
which CLEC must provide light generating equipment.
9.7.2.17.2 UDF-Loop: Qwest will provide the light detector at the Serving
Wire Center, and CLEC will provide the light generating equipment at the
appropriate outside plant structure or End User Customer premises.
9.7.2.17.3 E-UDF: Qwest will provide the light detector at the Serving Wire
Center, and CLEC will provide the light generating equipment at the CLEC Wire
Center.
9.7.2.18 If, within ten (10) days of the date Qwest provisioned an order for UDF,
CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet
the minimum parameters set forth in Technical Publication 77383, and if the trouble is in
the Qwest UDF facility, not due to fault on the part of CLEC, then Qwest will at no
additional cost, attempt to repair the UDF as it relates to Qwest cross connects and
jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth in
Technical Publication 77383, Qwest will replace the UDF if suitable UDF pair(s) are
available, at no additional nonrecurring charge. If Qwest cannot replace the UDF upon
receipt of a CLEC disconnect order, Qwest will refund the nonrecurring charges
associated with the Provisioning excluding IRI, FVQP and Field Verification and will
discontinue all recurring charges.
9.7.2.19 Qwest shall allow CLEC’s to access UDF Loops, or sections of UDF
Loops, at accessible terminals including FDPS or equivalent in the Central Office,
Customer premises or at Qwest owned outside plant location (e.g. CEV, RT or hut).
9.7.2.20 Qwest shall allow CLEC to access Dark Fiber that is a part of a Meet
Point arrangement between Qwest and another Local Exchange Carrier if CLEC has an
Interconnection agreement containing access to Dark Fiber with the connecting Local
Exchange Carrier. Qwest rates, terms and conditions shall apply to the percentage of
the route owned by Qwest.
9.7.3 Ordering Processes
Ordering processes and installation intervals are as follows:
9.7.3.1 The first step of the UDF ordering process is the inquiry process. The
UDF inquiry is used to determine the availability of UDF between any two requested
locations: between two (2) Qwest Wire Centers, between a Qwest Wire Center and an
End User premises, or between a Qwest Wire Center and an appropriate outside plant
structure, or a Qwest Wire Center and a CLEC Wire Center.
9.7.3.1.1 CLEC must submit a UDF inquiry through its account team.
CLEC must specify the two (2) locations and the number of fibers requested.
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9.7.3.1.2 Qwest will notify CLEC, within the interval set forth in Exhibit C
of this Agreement, that: (i) UDF is available to satisfy CLEC’s request, (ii) UDF is
not available to satisfy CLEC’s request; or (iii) Qwest, in writing, denies CLEC’s
request pursuant to Section 9.7.2.5 (b), Qwest shall provide written notice of
denials pursuant to (iii) above.
9.7.3.1.3 If there is UDF available, the UDF Inquiry Response will contain
up to five (5) available UDF routes between the CLEC-specified end locations. If
additional routes are available, Qwest will notify CLEC that such additional routes
exist and negotiate how that additional information will be made available.
9.7.3.2 CLEC will establish network Demarcation Points to accommodate UDF
optical terminations via Collocation or other Technically Feasible means or network
demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other
network demarcation arrangements have not been completed, CLEC must have
obtained preliminary APOT address information (CFA – Carrier Facility Assignment) for
its network Demarcation Points in each Qwest Wire Center where the UDF terminates
prior to placing an order for UDF. When preliminary APOT has been established and
delivered to CLEC, Qwest can begin processing the UDF Provisioning order upon
receipt of the UDF Provisioning request. If the preliminary APOT address is changed by
CLEC, a new Provisioning time line for UDF must be established.
9.7.3.3 Based on the CLEC request (UDF-Loop, UDF-IOF or E -UDF), there are
two (2) possible termination scenarios.
9.7.3.3.1 Termination at an Outside Plant Structure: If CLEC requests
UDF-Loop going to an outside plant structure such as a Controlled
Environmental Vault (CEV), or Remote Terminal (RT), the Remote Collocation
provisions of this Agreement will apply. Qwest will prepare and submit to CLEC
a quote along with the original Field Verification Quote Preparation form (FVQP)
within the interval set forth in Exhibit C. Quotes are on an Individual Case Basis
(ICB) and will include costs and an interval in accordance with Exhibit C.
9.7.3.3.2 Reserved for Future Use.
9.7.3.3.3 Termination at Qwest Wire Center, End User premises or CLEC
Wire Center: If spare fiber is available, and CLEC chooses to proceed, and the
request is for UDF-IOF, UDF-Loop going to an End User premises, or E-UDF
going to a CLEC Wire Center, Qwest will begin the Provisioning process upon
notification from CLEC to proceed and the receipt of fifty percent (50%) of the
nonrecurring charges. The notification to proceed is accomplished by
completing, signing and returning the original inquiry request to the account
manager. Provisioning intervals for this type of request are set forth in Exhibit C.
CLEC will be notified that Provisioning is complete and the remaining
nonrecurring charges and associated recurring charges will be billed.
9.7.3.4 An order may be canceled any time up to and including the Service
Date. Cancellation charges will apply.
9.7.3.5 CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior
to reserving space, CLEC must place an inquiry pursuant to section 9.7.3.1 of this
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Agreement and receive a UDF Inquiry Response that reflects that the route to be
reserved is available. CLEC is also strongly encouraged to request a Field Verification
that the route to be reserved is available. If CLEC does not obtain Field Verification,
CLEC assumes the risk that records upon which the UDF Inquiry Response is based
may be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) days.
CLEC may extend or renew reservations if there is delay in completion of the Collocation
build. All applicable UDF recurring charges specified in sections 9.7.5.2 will be
assessed at the commencement of the reservation. Nonrecurring charges for
Provisioning and cross connects will be assessed at the time of installation.
9.7.4 Maintenance and Repair
9.7.4.1 The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Support Functions Section of this Agreement
9.7.4.2 If it is determined that the UDF does not meet the minimum parameters
of Technical Publication 77383 without fault of CLEC, and if the trouble is in the Qwest
UDF facility, then Qwest will attempt to repair the UDF as it relates to Qwest cross
connects and jumper at no additional cost. If Qwest cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, then Qwest will replace
the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot
replace the UDF with available pairs, then it, upon receipt of a CLEC disconnect order,
will discontinue the recurring charges effective as of the date of the commencement of
the trouble.
9.7.5 Rate Elements
9.7.5.1 Dark Fiber rates are contained in Exhibit A of this Agreement and include
the following elements:
a) Initial Records Inquiry (IRI). This rate element is a pre-order work effort
that investigates the availability of UDF. This is a one-time charge for each route
check requested by CLEC. A simple IRI determines if UDF is available between
two Qwest Wire Centers or between a Qwest Wire Center and Qwest Customer
premises. A complex IRI determines if UDF is available between a Qwest Wire
Center and an outside structure (CEV, Hut, etc.) along the Loop fiber route.
Qwest will bill CLEC the IRI immediately upon receipt of the inquiry. The IRI is a
record search and does not guarantee the availability of UDF.
b) Field Verification and Quote Preparation (FVQP). This rate element is a
pre-order work effort to estimate the cost of providing UDF access to CLEC at
locations other than Qwest Wire Centers or an End User premises. Qwest will
prepare a quote which will explain what work activities, timeframes, and costs are
associated with providing access to this FDP location. This quote will be good
for thirty (30) calendar days. The FVQP is not necessary when the request is
between Qwest Wire Centers or between a Qwest Wire Center and Customer
premises (i.e., IRI). If FVQP is applicable pursuant to this section and CLEC
orders UDF that has been reserved after a Field Verification has been performed,
then the charge for FVQP will be reduced by the amount of the Field Verification
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charge assessed in the context of the reservation.
c) Field Verification. This rate element is a work effort performed at
CLEC’s option before placing a request to reserve UDF to verify the availability of
UDF that CLEC desires to reserve.
9.7.5.2 The following rate elements are used once the availability of UDF has
been established and CLEC chooses to access UDF.
9.7.5.2.1 Unbundled Dark Fiber - IOF Rate Elements
a) UDF-IOF Termination (Fixed) Rate Element. This rate element is
a recurring rate element and provides a termination at the interoffice FDP
within the Qwest Wire Center. Two UDF-IOF terminations apply per pair.
Termination charges apply for each intermediate office terminating at an
FDP or like cross connect point.
b) UDF-IOF Fiber Transport, (Per Pair) Rate Element. This rate
element has both a recurring and a nonrecurring component and applies
per pair. This rate element provides a transmission path between Qwest
Wire Centers. The recurring component of this rate element is mileage
sensitive based on the route miles of the UDF rounded up to the next
mile.
c) UDF-IOF Fiber Cross-Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend
the optical connection from the IOF FDP to CLEC’s optical Demarcation
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per pair. Cross-connect charges apply for each intermediate office
terminating at an FDP or like cross connect point. The nonrecurring rate
will not be charged for cross connects already in place prior to CLEC’s
order for UDF-IOF.
9.7.5.2.2 Unbundled Dark Fiber - Loop Rate Elements
a) UDF-Loop Termination (Fixed) Rate Element. This rate element
is a recurring rate element and provides a termination at the interoffice
FDP within the Qwest Wire Center and at either the Customer premises
or an appropriate outside plant structure. Two UDF-Loop terminations
apply per pair.
b) UDF-Loop Fiber (Per Pair) Rate Element. This rate element has
both a recurring and a nonrecurring component, and it applies per pair.
This rate element provides a transmission path between the Qwest
Serving Wire Center and either the Customer premises or an appropriate
outside plant structure.
c) UDF-Loop Fiber Cross-Connect Rate Element. This rate element
has both a recurring and nonrecurring component, is applied per pair, and
is used to extend the optical connection from FDP to FDP. The
nonrecurring rate will not be charged for cross connects already in place
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prior to CLEC’s order for UDF-Loop.
9.7.5.2.3 Extended Unbundled Dark Fiber Rate Elements
a) E-UDF Termination (Fixed) Rate Element. This rate element is a
recurring rate element and provides a termination at the interoffice FDP
within the Qwest Wire Center and at the CLEC Wire Center. Two E-UDF
terminations apply per pair.
b) E-UDF Fiber (Per Pair) Rate Element. This rate element has both
a recurring and a nonrecurring component, and it applies per pair. This
rate element provides a transmission path between the Qwest Serving
Wire Center and the CLEC Wire Center.
c) E-UDF Fiber Cross Connect Rate Element. This rate element has
both a recurring and nonrecurring component, is applied per pair, and is
used to extend the optical connection from FDP to FDP. The
nonrecurring rate will not be charged for cross connects already in place
prior to CLEC’s order for E-UDF.
9.8 Shared Interoffice Transport
9.8.1 Description
9.8.1.1 Shared Transport is defined as interoffice transmission facilities shared
by more than one carrier, including Qwest, between End Office Switches, between End
Office Switches and tandem switches (local and access tandems), and between tandem
switches.
9.8.2 Terms and Conditions
9.8.2.1 Shared Transport is only provided with Unbundled Local Switch Ports
and Unbundled Network Element-Platform (UNE-P), as described in the UNE
Combinations Section. The existing routing tables resident in the Switch will direct both
Qwest and CLEC traffic over Qwest's interoffice message trunk network.
9.8.2.2 CLEC may custom route operator services or directory assistance calls
to unique operator services/directory services trunks.
9.8.2.3 Qwest has the following obligations with respect to Shared Transport:
a) Provide Shared Transport in a way that enables the traffic of CLEC to
be carried on the same transport facilities that Qwest uses for its own traffic.
b) Provide Shared Transport transmission facilities between End Office
Switches, between end office and tandem switches, and between tandem
switches in its network.
c) Permit CLEC that purchases unbundled Shared Transport and
unbundled switching to use the same routing table that is resident in Qwest’s
Switch.
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d) Permit CLEC to use shared (or dedicated) transport as an unbundled
element to carry originating access traffic from, and terminating to, Customers to
whom CLEC provides Local Exchange Service.
9.8.3 Rate Elements
9.8.3.1 Shared Transport will be billed on a minute-of-use basis in accordance
with the UNE rates described in Exhibit A.
9.8.4 Ordering Process
9.8.4.1 Shared Transport is ordered with Unbundled Line Port and Unbundled
Local Switching via the LSR process. Shared transport is assumed to be the choice of
routing when ordering a Port, unless specified differently by CLEC. Installation intervals
are incorporated in the Unbundled Line Port and are listed in the PCAT.
9.8.5 Maintenance and Repair
9.8.5.1 Maintenance and Repair are the sole responsibility of Qwest.
9.9 Unbundled Customer Controlled Rearrangement Element (UCCRE)
Qwest shall provide Unbundled Customer Controlled Rearrangement Element (UCCRE) in a
non-discriminatory manner according to the following terms and conditions.
9.9.1 Description
9.9.1.1 Unbundled Customer Controlled Rearrangement Element (UCCRE)
provides the means by which CLEC controls the configuration of Unbundled Network
Elements (UNEs) or ancillary services on a near real time basis through a digital cross
connect device. UCCRE utilizes the Digital Cross-Connect System (DCS). UCCRE is
available in Qwest Wire Centers that contain a DCS and such DCS is UCCRE
compatible.
9.9.2 Terms and Conditions
9.9.2.1 DCS Ports are DS1, DS3 and Virtual Ports (Virtual Ports are for
connecting one End User to another). The DCS Port is connected to the Demarcation
Point using tie cables via the appropriate DSX cross connect panel. The DSX panel
serves both as a "Design-To" point and a network interface at the DCS. CLEC is
responsible for designing to the "Design-To" point. CLEC may connect the UCCRE
Ports to its elements or CLEC designated equipment. If CLEC desires DS0 Port
functionality, CLEC will order a DS1 UCCRE Port and provide its own multiplexer (or
DS1 UDIT multiplexers) and connect them together. This combination will form the
equivalent of 24 DS0-level Ports.
9.9.2.2 The reconfiguration of the service is accomplished at the DS0 signal
level. Reconfiguration of these services can be accomplished through two methods:
Dial Up or Attendant Access.
9.9.2.2.1 Dial Up Access. Qwest will provide access to mutually agreed
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upon UCCRE points in those offices where UCCRE is available. Qwest will
provide and engineer this service in the same manner that it is currently provided
to Qwest’s End Users.
9.9.2.2.2 Attendant Access. When CLEC requests Qwest to make
changes on its behalf, an attendant access charge will apply per transaction.
9.9.3 Rate Elements
9.9.3.1 Recurring rate elements include:
9.9.3.1.1 DS-1 Port;
9.9.3.1.2 DS-3 Port;
9.9.3.1.3 Dial Up Access; and
9.9.3.1.4 Attendant Access.
9.9.3.2 Nonrecurring rate elements include:
9.9.3.2.1 DS-1 Port;
9.9.3.2.2 DS-3 Port; and
9.9.3.2.3 Virtual Ports.
9.9.4 Ordering Process
9.9.4.1 Ordering processes and installation intervals are specified in Exhibit C of
this Agreement and are the same as specified in the UNEs - UDIT Section. UCCRE is
ordered via the ASR process.
9.9.4.2 UCCRE is ordered with the Basic Installation option. Qwest will begin
the work activity on the negotiated Due Date and notify CLEC when the work activity is
complete. Test results performed by Qwest are not provided to CLEC.
9.10 Local Tandem Switching
Qwest shall provide access to local tandem switching in a non-discriminatory manner
according to the following terms and conditions.
9.10.1 Description
9.10.1.1 Access to local tandem switching includes the facilities connecting the
trunk distribution frames to the Switch and all the features, functions, and capabilities of
the Switch itself, including those facilities that establish a temporary transmission path
between two other Switches, but does not include the transport needed to complete the
call. The local tandem switching element also includes the features, functions, and
capabilities that are centralized in local tandem switches and their adjuncts, if any, rather
than in separate End Office Switches.
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9.10.1.2 In the event that a Qwest Wire Center subtends only an access tandem,
and does not subtend a local tandem, Qwest will provide unbundled access to such
access tandem.
9.10.2 Terms and Conditions
9.10.2.1 If CLEC obtains its local tandem switching from a third party tandem
provider, tandem-to-tandem connections will be required between Qwest and the third
party tandem provider. The tandem-to-tandem connections must be local
Interconnection trunk-type connections, and will be provided by CLEC. CLEC may
provide the trunks itself, purchase them from a third party, or may purchase them from
Qwest.
9.10.2.2 The requirement to provide access to unbundled local tandem switching
includes: (i) trunk-connect facilities, including but not limited to the connection between
trunk termination at a cross connect panel and a Switch trunk card; (ii) the base
switching function of connecting trunks to trunks; and (iii) the feature, functions, and
capabilities that are centralized in local tandem switches and their adjuncts, if any (as
distinguished from separate end-office switches), including but not limited to call
recording, the routing of calls to operator services, and signaling conversion features.
Qwest shall unbundle access to call recording equipment in a Qwest local tandem.
9.10.3 Rate Elements
9.10.3.1 A DS1 Tandem Trunk Port is a 4-wire DS1 Trunk Side Switch Port
terminating at a DS1 Demarcation Point and incurs a nonrecurring charge. Each DS1
Tandem Trunk Port includes a subset of 24 DS0 channels capable of supporting local
message type traffic and incurs a nonrecurring charge to establish trunk group
members.
9.10.3.2 Use of local tandem switching is billed on an originating per minute of
use basis.
9.10.4 Ordering Process
9.10.4.1 Requests for DS1 Tandem Trunk Port(s) must be followed by separate
order(s) to channelize trunk ports into DS0 trunk group and members as defined in the
UNEs – UDIT Section of this Agreement.
9.10.5 Maintenance and Repair
9.10.5.1 The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Support Functions Section of this Agreement.
9.11 Local Switching
Qwest shall provide access to Unbundled Local Switching in a non-discriminatory manner
according to the following terms and conditions.
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9.11.1 Description
9.11.1.1 Access to Unbundled Local Switching encompasses line-side and trunk-
side facilities, plus the features, functions, and capabilities of the Switch. The features,
functions, and capabilities of the Switch include the basic switching function, as well as
the same basic capabilities that are available to Qwest’s End User Customers.
Unbundled Local Switching also includes access to all vertical features that the Switch is
capable of providing, as well as any technically-feasible customized routing functions.
Moreover, CLEC may purchase Unbundled Local Switching in a manner that permits
CLEC to offer and bill for Exchange Access and termination of EAS/local traffic.
9.11.1.1.1 CLEC is not required to use Qwest’s Directory Assistance
Services or operator services with its Unbundled Local Switching elements or
UNE-P Combinations. CLEC may arrange to provide access to its own, or to a
third party’s, directory assistance or operator services platform with its unbundled
switching elements and UNE-P Combinations.
9.11.1.1.2 Qwest offers access to GR-303 features and functionalities as
outlined in this Section. As a condition of this virtual access, CLEC must deploy
a Remote Digital Terminal (RT) "hosted" by a GR-303 capable Qwest Switch.
Under this architecture, and dependent on the existence and availability of GR-
303 in any given office, a CLEC may deploy any compatible GR-303 Remote
Terminal under the following conditions:
9.11.1.1.2.1 The Qwest Central Office must have existing GR-
303 capability with spare capacity available for use by CLEC. In addition,
while CLEC may deploy its choice of Remote Terminal, it must be
compatible with the existing Qwest GR-303 interface.
9.11.1.1.2.2 The transport between the Qwest Switch and the
CLEC RT may be purchased from Qwest or provided by CLEC. If
transport is provided by Qwest, the Demarcation Point will be at a
physical cross connect point at the RT. If transport is provided by CLEC,
the Demarcation Point will be at a physical cross connect in the Qwest
Central Office.
9.11.1.1.2.3 Concentration levels will be in keeping with Qwest’s
current standard of 4:1 at the Switch. The specific concentration ratios to
be applied to the RTs will be determined on a case by case basis.
9.11.1.1.2.4 The TR-057 interface at the RT will be disabled.
This interface enables the universal DLC applications and offers access
to the OSS, Provisioning, and performance monitoring systems from the
RT. By disabling the TR-057 interface, Qwest ensures that it retains the
physical and logical administration of the GR-303 interface and that
security and system integrity concerns are minimized.
9.11.1.1.2.5 All traffic must be delivered at 64 clear channel. (i.e.
voice compression will not be allowed).
9.11.1.1.2.6 GR-303 was designed for the delivery of circuit
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switched voice traffic as such, packetized traffic will not be accepted.
9.11.1.1.2.7 While Qwest will retain administration of the DLC,
CLEC will be responsible for all traffic management. Changes in
Provisioning will be made only at the request of CLEC. CLEC will be
allowed to view channel availability and monitor traffic and blocking levels
at the RT via a man-to-machine interface (MMI). The CLEC will not have
the ability to make any changes as all Provisioning will be done solely by
Qwest at CLEC’s request.
9.11.1.1.2.8 The Parties will be responsible for the repair and
maintenance of facilities on their side of the Demarcation Point. It is
assumed that this will be done in an as yet undeveloped cooperative
manner.
9.11.1.1.2.9 This specific network architecture option for virtual
access to the GR-303 interface listed in this section is available via the
Special Request Process (SRP). Any request that materially deviates
from the language in this section regarding access to the GR-303
interface must be submitted via the Bona Fide Request (BFR) process.
9.11.1.2 Qwest’s trunk ports are utilized to access routing tables resident in
Qwest’s Switch, as necessary to provide access to Shared Transport. Shared Transport
is described earlier in this Section of this Agreement.
9.11.1.3 Unbundled Local Switching also permits CLEC to purchase a dedicated
trunk Port on the local Switch. CLEC may direct originating traffic to such a dedicated
trunk via customized routing.
9.11.1.3.1 Vertical features are software attributes on End Office Switches.
Vertical features are available separately and are listed in Exhibit E of this
Agreement. The Special Request Process contained in Exhibit F of the
Agreement shall be used when ordering the activation and/or loading of vertical
features on a Switch, that are not currently activated or loaded on the Switch. If
features that are loaded on Qwest’s Switch(es) are migrated to AIN for Qwest’s
own use, the Switch software for such features will be retained on the Qwest
Switch(es) for the use of CLEC and CLECs End User Customers.
9.11.1.4 Line ports include:
a) Analog Line Port; and
b) Digital Line Port.
9.11.1.5 Trunk ports include but are not limited to:
a) DS1 Trunk Port (including Local Message);
b) PRI ISDN Trunk Port;
c) DID/PBX Trunk Port;
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d) DS3 Trunk Port (including Local Message) may be requested by
CLEC via the Special Request Process contained in Exhibit F of this Agreement;
and
e) OCN Trunk Port (including Local Message) may be requested by
CLEC via the Special Request Process contained in Exhibit F of this Agreement.
9.11.1.6 The following are attributes of line ports and include but are not limited
to:
9.11.1.6.1 Telephone number
9.11.1.6.2 Directory Listing
9.11.1.6.3 Dial Tone
9.11.1.6.4 Signaling (Loop or ground start)
9.11.1.6.5 On/Off Hook Detection;
9.11.1.6.6 Audible and Power Ringing
9.11.1.6.7 Automatic Message Accounting (AMA Recording);
9.11.1.6.8 Access to 911, Operator Services, and Directory Assistance;
and
9.11.1.6.9 Blocking Options.
9.11.1.7 Analog Line Port. The analog line Port is a two wire interface on the line-
side of the End Office Switch that is extended to the MDF. A separate ITP must be
ordered for each analog line-side Port to provide the connection from the MDF to the
Demarcation Point. The analog line Port enables CLEC to access vertical features.
9.11.1.8 Reserved for Future Use.
9.11.1.9 Digital Line Side Port (Supporting BRI ISDN)
9.11.1.9.1 Basic Rate Interface Integrated Services Digital Network (BRI
ISDN) is a digital architecture that provides integrated voice and data capability
(2 wire). A BRI ISDN Port is a Digital 2B+D (2 Bearer Channels for voice or data
and 1 Delta Channel for signaling and D Channel Packet) line-side Switch
connection with BRI ISDN voice and data basic elements. For flexibility and
customization, optional features can be added. BRI ISDN Port does not offer B
Channel Packet service capabilities. The serving arrangement conforms to the
internationally developed, published, and recognized standards generated by
International Telegraph and Telephone Union (formerly CCITT).
9.11.1.9.2 Reserved for Future Use.
9.11.1.10 Digital Trunk Ports
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9.11.1.10.1 DS1 Local Message Trunk Port (Supporting Local Message
Traffic). A DS1 Trunk Port is a DS1 Trunk Side Switch Port that is extended to
the trunk main distributing frame and is connected to the Demarcation Point
through an ITP. Each DS1 Trunk Port includes a subset of 24 DS0 channels
capable of supporting local message type traffic. Requests for DS1 Trunk Port(s)
must be followed by a separate order for a Message Trunk Group, as further
described in this Section.
9.11.1.10.2 Message Trunk Group. A Message Trunk Group is a software
feature that establishes the trunk group and its associated trunk members.
Signaling and addressing attributes are defined at the group level. Trunk
members may be associated with individual channels of the DS1 Trunk Port.
9.11.1.10.3 Requests for establishing new outgoing and two-way Message
Trunk Groups must be coordinated with and followed by requests for Customized
Routing. Incoming only trunk groups do not require Custom Routing.
9.11.1.11 Unbundled DS1 PRI ISDN Trunk Port (Supporting DID/DOD/PBX). A
DS1 trunk Port is a DS1 trunk-side Switch Port terminated at a DSX1 or equivalent.
Each DS1 Trunk Port includes a subset of 24 DS0 channels capable of supporting
DID/DOD/PBX type traffic. Requests for DS1 Trunk Port(s) must be followed by separate
order(s) to establish new Trunk Group(s) or to augment existing Trunk Group(s).
9.11.1.11.1 Digital PRI ISDN Trunk Port. A Digital Trunk PRI ISDN Port is a
four wire DS1 with connection at the DSX-1 bay (or equivalent). Digital Trunk
DS1 activation is a logical subset or channel of a DS1 facility Port.
9.11.1.11.1.1 PRI ISDN Trunk Ports are provisioned at a DS1
level. B-channels are provisioned to transmit information such as voice,
circuit switched data, or video. A D-channel is provisioned to carry the
control or signaling on a 64kbit(s) channel.
9.11.1.11.1.2 PRI Trunk Port requires a digital four-wire full duplex
transmission path between ISDN capable Customer Premises Equipment
(CPE) and a PRI ISDN- equipped Qwest Central Office.
9.11.1.11.1.3 The PRI Central Office trunk port is a DS1 which
provides 24 64kbps channels. This product is dedicated call type of PRI
with Custom protocol, up to 23 of the channels may be used as 64kbps B
channels. The 24th channel must be configured as a D channel, which will
carry the signaling and control information. The B channels transmit voice
and data or Circuit Switched Data (only).
9.11.1.11.1.4 Reserved for Future Use.
9.11.1.11.1.5 PRI ISDN includes 2-way DID functionality. DID is a
special trunking arrangement that permits incoming calls from the
exchange network to reach a specific PBX station directly without
attendant assistance.
9.11.1.11.1.6 DID service is offered with an analog or digital 2-
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way. If digital, the individual DS0’s are 2-way trunks using advanced
service that requires DID ports.
9.11.1.11.1.7 The 23B+D Trunk Port configuration provides Ports
for 23B-channels and 1 D-channel.
9.11.1.11.1.8 The 24-B Trunk Port configuration provides 24 B-
channels on a DS1 Port. The signaling information is provided by the D-
channel on the first D-channel Port.
9.11.1.11.1.9 The 23B Backup D Trunk Port configuration
provides 23 B-channels and a backup D-channel Port is used if the
primary D-channel Port fails.
9.11.1.12 Analog Trunk Ports
9.11.1.12.1 DS0 Analog Trunk Ports can be configured as DID, DOD, and
Two-way.
9.11.1.12.2 Analog Trunk Ports provide a 2-Way Analog Trunk with DID,
E&M Signaling and 2-Wire or 4-Wire connections. This Trunk Side connection
inherently includes hunting within the trunk group.
9.11.1.12.3 All trunks are designed as 4-Wire leaving the Central Office. For
2-Wire service, the trunks are converted at the Customer’s location.
9.11.1.12.4 Two-way Analog DID Trunks are capable of initiating out going
calls, and may be equipped with either rotary or Touch-tone (DTMF) for this
purpose. When the trunk is equipped with DID Call Transfer feature, both the
trunk and telephone instruments must be equipped with DTMF.
9.11.1.12.5 Two-way Analog DID Trunks require E&M signaling. Qwest will
use Type I and II E&M signaling to provide these trunks to the PBX. Type II E&M
signaling from Qwest to the PBX will be handled as a Special Assembly request,
through the Special Request Process (SRP) as provided for in Exhibit F to this
Agreement.
9.11.2 Terms and Conditions
9.11.2.1 CLEC may purchase access to all vertical features that are loaded in
Qwest’s End Office Switch. CLEC may request features that are not activated and/or
not loaded in a Qwest End Office Switch utilizing the Special Request Process contained
in Exhibit F of this Agreement. If CLEC requests activation and/or loading of features in
a Switch, appropriate recurring and nonrecurring charges will apply. Features provided
through AIN capabilities in Qwest’s signaling network are not available.
9.11.2.2 Local Switch ports include CLEC use of Qwest’s signaling network for
traffic originated from the line-side switching Port. CLEC access to the Qwest signaling
network shall be of substantially the same quality as the access that Qwest uses to
provide service to its own End User Customers.
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9.11.2.3 CLEC shall be responsible for updating the 911/E911 database through
Qwest’s third party database provider for any unbundled Switch Port ordered. Additional
911/E911 provisions are contained in the Ancillary Services Section of this Agreement.
9.11.2.4 The line-side Port includes the connection between the End Office
Switch and the MDF. The connection from the MDF to the Demarcation Point shall be
an ITP provided by Qwest pursuant to the rates in Exhibit A. The trunk-side Port
includes the connection between the End Office Switch and the TMDF. The connection
from the TMDF to the Demarcation Point shall be an ITP provided by Qwest pursuant to
the rates in Exhibit A. The Demarcation Point for line-side and trunk-side ports shall be
as described earlier in this Section.
9.11.2.5 Unbundled Local Switching does not constitute a UNE, and is therefore
not available at UNE rates, when CLECs End User Customers to be served with
Unbundled Local Switching has four (4) access lines or more and the lines are located in
density zone 1 in specified Metropolitan Statistical Areas (MSAs). Unbundled Local
Switching is available at market-based rates when CLECs End User Customer to be
served with Unbundled Local Switching has four (4) or more access lines and the lines
are located in density zone 1 in specified MSAs. This exception applies to density zone
1 as it was defined by Qwest on January 1, 1999.
9.11.2.5.1 For the purposes of the above paragraph, the following Wire
Centers constitute density zone 1 in each of the specified MSAs:
MSA CLLI Wire Center Name
NONE
9.11.2.5.1.1 For End User Customers located within the Wire
Center specified above, CLEC will determine whether End User
Customers it intends to serve with UNEs have four access lines or more
in advance of submitting an order to Qwest for unbundled local switching
at UNE rates. If the End User Customer is served by four access lines or
more, CLEC will not submit an order to Qwest for unbundled local
switching at UNE rates.
9.11.2.5.2 This exclusion will be calculated using the number of DS0-
equivilant access lines CLEC intends to serve an End User Customer within a
Wire Center specified above.
9.11.2.5.3 Reserved for Future Use.
9.11.2.5.4 Only dial-tone lines shall be used in counting the exclusion.
Private line type data lines, alarm or security lines, or any other type of non-dial-
tone lines shall not be used in the count.
9.11.2.5.5 The high frequency portion of a Loop shall not count as a
second line.
9.11.2.5.6 End-user Customers shall be considered individually in MDU
buildings or any other multiple use or high-rise building or campus configuration,
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as long as they are individually billed as the Customer of record.
9.11.2.5.7 CLEC may order new Unbundled Local Switching or UNE-P
Combinations in quantities that exceed three (3). If CLEC orders four (4) or more
such Unbundled Local Switching elements or UNE-P Combinations for an
individual End User Customer within the Wire Center(s) identified above in this
section, market-based rates for the Unbundled Local Switching elements or for
the unbundled switching component of the UNE-P service as provided in Exhibit
A to this Agreement shall apply.
9.11.2.5.7.1 When a CLEC’s End User Customer with three (3)
lines or fewer served by UNE-P or unbundled switching adds lines so that
it has four (4) or more lines, CLEC shall do one of the following regarding
the original three (3) Unbundled Local Switching elements or UNE-P lines
within sixty (60) days from the date the fourth line is added: 1) CLEC may
retain such unbundled switching lines at a market-based rate or retain
such UNE-P lines as UNE-P Combinations with a market-based rate for
the unbundled switching component shown in Exhibit A of this
Agreement; or 2) CLEC shall convert such lines from UNE-P lines or
unbundled switching elements to resold services or other appropriate
arrangement.
9.11.2.5.8 A BRI ISDN line counts as one (1) line.
9.11.2.6 CLEC must order DID numbers in blocks of 20. One primary Directory
Listing in the main directory is provided for each PBX system.
9.11.2.7 CLEC is required to subscribe to a sufficient number of trunk ports to
adequately handle volume of incoming calls.
9.11.2.8 Additional line or trunk features not offered with the basic DID/PBX
product, are available to CLEC on an Individual Case Basis.
9.11.2.9 Additional arrangements not offered with the basic PRI product are
available to CLEC on an Individual Case Basis.
9.11.2.10 Qwest will provide access to Centrex Customer Management System
(CMS) with unbundled switching.
9.11.2.11 Qwest will comply with the FCC’s Open Network Architecture (ONA)
rules for Network Disclosure. Should the ONA rules be modified so that Network
Disclosure is no longer required, this Agreement shall be modified to include provision
for disclosure of network interface changes.
9.11.3 Rate Elements
9.11.3.1 Each Port type described above will have a separate associated Port
charge, including monthly recurring charges and one-time nonrecurring charges which
are contained in Exhibit A of this Agreement. Exhibit A contains both the UNE rates and
market rates for this component of unbundled local switching. UNE Rates apply unless
the End User Customer to be served has four access lines or more and the lines are
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located in density zone 1 in MSAs specified earlier in this UNE Section. In the latter
circumstance, market rates apply.
9.11.3.2 The rate structure for PRI ISDN trunk ports includes a monthly Minute of
Use (MOU) recurring charge for the basic PRI ISDN product (23B+D plus standard
features). Nonrecurring charges are incurred for the trunk Port, first trunk and each
additional trunk.
9.11.3.3 Originating local usage will be measured and billed based on minutes of
use. Exhibit A contains the UNE rates and the market rates for this component of
Unbundled Local Switching. UNE Rates apply unless the End User Customer to be
served has four access lines or more and the lines are located in density zone 1 in
MSAs specified earlier in this Section. In the latter circumstance, market rates apply.
9.11.3.4 Vertical features will be offered as options for Unbundled Local Switching
at rates set forth in Exhibit A of this Agreement. Exhibit A contains the UNE rates and
the market rates for this component of Unbundled Local Switching. UNE Rates apply
unless the End User Customer to be served has four access lines or more and the lines
are located in density zone 1 in MSAs specified earlier in this Section. In the latter
circumstance, market rates apply.
9.11.3.5 Subsequent Order Charge. A subsequent order charge, as set forth in
Exhibit A of this Agreement, applies when CLEC orders additional vertical features to an
existing Port.
9.11.4 Ordering
9.11.4.1 Installation intervals for Unbundled Switch Ports and Switch-activated
Vertical features are contained in the Exhibit C. The interval will start when Qwest
receives a complete and accurate Local Service Request/Access Service Request
(LSR/ASR). This date is considered the start of the service interval if the order is
received prior to 3:00 p.m. The service interval will begin on the next business day for
service requests received after 3:00 p.m. This interval may be impacted by order
volumes and load control considerations. The service intervals have been established
and are set forth in Exhibit C to this Agreement.
9.11.4.2 Switch-activated vertical features shall be ordered using the LSR (Local
Service Request) process as described in the PCAT.
9.11.4.3 Vertical features that are loaded in a Switch, but not activated, shall be
ordered using the Special Request Process set forth in Exhibit F. Qwest will provide the
cost and timeframe for activation of the requested vertical feature(s) to CLEC within
fifteen (15) business days of receipt of the Special Request.
9.11.4.4 Vertical features that are not loaded in a Switch shall be ordered using
the Special Request Process set forth in Exhibit F. Qwest will provide information to
CLEC on the feasibility of providing the vertical feature(s) within 15 business days of
receipt of the Special Request.
9.11.4.5 Unbundled local Switch Ports are required when ordering unbundled
Shared Transport as described in the PCAT.
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9.11.5 Usage Billing Information
9.11.5.1 Exchange Access Service(s)
Qwest shall provide CLEC with usage information necessary to bill for InterLATA and
IntraLATA Exchange Access in the form of either the actual usage or a negotiated or
state-approved surrogate for this information.
9.11.5.2 Retail Service(s)
Qwest shall provide CLEC with information necessary for CLEC to bill its End User
Customers in the form of the actual information that is comparable to the information
Qwest uses to bill its own End User Customers.
9.11.5.3 Local Usage
Qwest shall record and provide to CLEC local/EAS usage data for originating, but not
terminating, local traffic, including but not limited to transit traffic. Until such time that
Qwest provides CLEC with local/EAS usage data for terminating local traffic, Qwest shall
not charge CLEC for terminating minutes of use.
9.12 Customized Routing
9.12.1 Description
9.12.1.1 Customized Routing permits CLEC to designate a particular outgoing
trunk that will carry certain classes of traffic originating from CLEC’s end users.
Customized routing enables CLEC to direct particular classes of calls to particular
outgoing trunks which will permit CLEC to self-provide or select among other providers
of interoffice facilities, operator services and directory assistance. Customized routing is
a software function of a Switch. Customized Routing may be ordered as an application
with Resale or Unbundled Local Switching.
9.12.1.2 CLEC may elect to route its End User Customers’ traffic in the same
manner as Qwest routes its End User Customers’ calls using existing Qwest line class
code(s). This option eliminates assignment and deployment charges applicable to new
CLEC line class code(s) required for custom or unique CLEC routing requests, as
described in this Section.
9.12.2 Terms and Conditions
9.12.2.1 Customized Routing will be offered on a first-come, first-served basis.
9.12.2.2 CLEC has two (2) options by which to route its End User Customers’
calls:
a) CLEC may elect to route all of its End User Customers’ calls in
the same manner as Qwest routes its End User Customers’ calls. This option
allows CLEC to use the same line class code(s) used by Qwest and thus
eliminates line class code(s) and deployment charges to CLEC.
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b) CLEC may elect to custom route its End User Customers’ calls
differently than Qwest routes its End User traffic. CLEC may choose different
routing by traffic type, by prefix, etc. In this option, there will be a charge for the
establishment and deployment of a new CLEC line class code(s). If a CLEC line
class code(s) was previously established and deployed at a particular end office,
only a deployment charge will apply per new end office location.
9.12.2.3 In both option (a) and (b) above, CLEC shall provide comprehensive
routing information associated with any routing request. Qwest will provide line class
code(s) to CLEC for inclusion in CLEC LSR (Local Service Request).
9.12.3 Rate Elements
9.12.3.1 Charges for development of a new CLEC line class code(s) for routing of
Directory Assistance and Operator Services traffic is included in Exhibit A. All other
custom routing arrangements shall be billed on an Individual Case Basis for each
custom routed request.
9.12.3.2 Charges for the installation of new line class codes for custom routing
arrangements for directory assistance and operator services traffic is included in Exhibit
A. Installation charges for all other custom routing arrangements shall be billed on an
Individual Case Basis for each Switch in which the code is deployed.
9.12.4 Ordering Process
9.12.4.1 CLEC shall issue a Service Inquiry form detailing its routing and facility
requirements prior to a pre-order meeting with Qwest. Refer to the New Customer
Questionnaire contained in the PCAT for a copy of the Service Inquiry.
9.12.4.2 After the Service Inquiry form is completed and provided to Qwest, the
pre-order meeting will be jointly established to provide Qwest with the comprehensive
network plan, specific routing requirements and Desired Due Dates.
9.12.4.3 Qwest will provide CLEC a detailed time and cost estimate thirty (30)
business days after the pre-order meeting.
9.12.4.4 If custom routing is requested, CLEC shall submit a 50% deposit for the
establishment and deployment of a new CLEC line class code(s). Qwest will assign a
new CLEC line class code(s) and provide it to CLEC for inclusion in the LSR (Local
Service Request) which CLEC will subsequently issue for deployment of the line class
code(s) by Qwest.
9.12.4.5 If CLEC elects to route their end users’ calls in the same manner in
which Qwest routes its End User Customers’ calls, establishment and deployment
charges for new CLEC line class code(s) will not apply. Qwest will assign existing
Qwest line class code(s) and provide to CLEC for inclusion in the LSR (Local Service
Request).
9.12.4.6 CLEC must place the associated trunk orders prior to the establishment
or deployment of Line Class Codes in specific end offices.
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9.12.5 Maintenance and Repair
Maintenance and Repair are the sole responsibility of Qwest. Reference the Maintenance and
Repair processes contained in this Agreement.
9.13 Access to Signaling
9.13.1 Description
9.13.1.1 Qwest will provide CLEC with non-discriminatory access to signaling
networks, including signaling links and Signaling Transfer Points (STP), call-related
databases and Service Management Systems (SMS) on an unbundled basis. The
individual call-related databases and associated SMS are addressed in Sections 9.14 –
9.17. Access to Qwest's signaling network provides for the exchange of signaling
information necessary to exchange traffic and access call-related databases. Signaling
networks enable CLEC the ability to send SS7 messages between its Switches and
Qwest's Switches, and between CLEC's Switches and those third party networks with
which Qwest's signaling network is connected. Qwest will offer unbundled access to its
signaling network to CLECs that request signaling as an Unbundled Network Element or
as part of a UNE combination. Access to Qwest’s signaling network for purposes of
Interconnection and the exchange of traffic is addressed in Section 7 of this Agreement.
CLEC may access Qwest's signaling network from a CLEC Switch via unbundled
signaling and unbundled signaling transport elements between CLEC's Switch and
Qwest STPs. CLEC may access Qwest's signaling network from each of its Switches
via a signaling link pair between its Switch and the Qwest STPs. CLEC may make such
connection in the same manner as Qwest connects one of its own Switches to STPs.
The Common Channel Signaling used by the Parties shall be Signaling System 7.
9.13.1.2 Common Channel Signaling Access Capability/Signaling System 7
(CCSAC/SS7) provides multiple pieces of signaling information via the SS7 network.
This signaling information includes, but is not limited to, specific information regarding
calls made on associated Feature Group D trunks and/or LIS trunks, Line Information
Database (LIDB) data, Local Number Portability (LNP), Custom Local Area Signaling
Services (CLASS), 8XX set up information, Call Set Up information and transient
messages.
9.13.1.3 Optional features of CCSAC/SS7 are dependent on specific CLEC
design requirements as well as the existence of adequate transport facilities. Transport
facilities must be in place to accommodate Call Set Up of related Feature Group D
and/or LIS messages, transient messages, and other ancillary services (e.g., LIDB data
and 8XX set up information).
9.13.2 Terms and Conditions
9.13.2.1 All elements of the unbundled CCSAC/SS7 arrangement will be
developed on an Individual Case Basis based on CLEC’s design requirements. All of
CLEC’s unbundled design elements are subject to facility requirements identified below.
9.13.2.2 At a minimum, transport facilities must exist from CLEC’s Point of
Presence or Signaling Point of Interface (SPOI) to the identified Qwest STP location.
Unbundled transport facilities to accommodate CCSAC/SS7 signaling may be developed
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using Unbundled Network Elements (UNEs) as defined in Section 9.
9.13.2.3 CLEC’s CCSAC/SS7 design requirements will include, but are not limited
to:
9.13.2.3.1 STP Port - This element is the point of termination to the signal
switching capabilities of the STP. Access to a Qwest STP Port is required at a
DS0 level.
9.13.2.3.2 Specific Point Code detail including the identification of CLEC’s
Originating, Destination and Signaling Options (i.e., ISDN User Part [ISUP] or
Transaction Capabilities Application Part [TCAP] requirements).
9.13.2.3.3 All signaling routing requirements will be identified in CLEC’s
design. CLEC will provide industry standard codes identifying Qwest end offices,
tandems, sub-tending end offices and STPs that will be included in the designed
unbundled signaling arrangement.
9.13.2.4 The CCSAC/SS7 unbundled arrangement must meet the following
requirements:
9.13.2.4.1 Both Qwest and CLEC are obligated to follow existing industry
standards as described in Telcordia documents including but not limited to GR-
905 CORE, GR-954-CORE, GR-394-CORE and Qwest Technical Publication
77342.
9.13.2.4.2 CLEC’s Switch or network SS7 node must meet industry and
Qwest certification standards.
9.13.2.4.3 Unbundled transport facilities as identified in Section 9 of this
Agreement must be provisioned at a minimum DS1 capacity at CLEC’s Point of
Presence or SPOI. This facility must be exclusively used for the transmission of
network control signaling data.
9.13.2.4.4 Calling Party Number (CPN), or a reasonable alternative, will be
delivered by each Party to the other, in accordance with FCC requirements,
when received from another Carrier or from the telephone equipment of the End
User.
9.13.2.4.5 Carrier Identification Parameter (CIP) will be delivered by CLEC
to Qwest in accordance with industry standards, where Technically Feasible.
9.13.2.4.6 Provisions relating to call related databases (i.e., 8XX, LIDB,
Advanced Intelligent Network (AIN), etc.) are contained in other Sections of this
Agreement. For example, LNP is described in Section 10.2, AIN in Section 9.14,
LIDB in Section 9.15, 8XX in Section 9.16, and ICNAM in Section 9.17.
9.13.3 Rate Elements
Rates and charges for the unbundled CCSAC/SS7 elements will be assessed based on CLEC’s
specific design requirements. Both nonrecurring and monthly recurring rates may be applicable.
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Message rating applies to all messages traversing the Qwest signaling network. Messages
which are transient in nature (not destined for Qwest databases) will be assessed message
rates. Pricing detail is provided in Exhibit A of this Agreement. Rate elements for unbundled
CCSAC/SS7 elements are:
9.13.3.1 Nonrecurring Rates. CCSAC Option Activation Charge – Assessed for
adding or changing a point code in the signaling network. Qwest will charge CLEC
based upon its selection of either basic or database activation, as detailed in Exhibit A of
this Agreement.
9.13.3.2 Recurring Rates
9.13.3.2.1 STP Port - a monthly recurring charge, per connection into the
STP.
9.13.3.2.2 Signal Formulation Charge - a per call set up charge for
formulating the ISUP message at a SS7 SP/SSP.
9.13.3.2.3 Signal Transport Charge - a per call set up request or data
request charge for the transmission of signaling data between the local STP and
an end office SP/SSP. This rate element includes separate charges for ISUP
and TCAP messages.
9.13.3.2.4 Signal Switching Charge - a per call set up request or data
request charge for switching an SS7 message at the local STP. This rate
element includes separate charges for ISUP and TCAP messages.
9.13.4 Ordering
9.13.4.1 CCSAC/SS7 unbundled CLEC-designed elements will initially require
design information from CLEC. Ordering for CCSAC/SS7 will be handled on an
individual basis, using service activation meetings between CLEC and Qwest. CLEC will
provide a Translation Questionnaire, Link Data Sheet and ASR during the service
activation meetings.
9.13.4.2 Qwest will provide jeopardy notification, Design Layout Reports (DLR),
Completion Notification and Firm Order Confirmation (FOC) in a non-discriminatory
manner.
9.13.4.3 Due date intervals for CCSAC/SS7 will be established on an Individual
Case Basis.
9.13.5 Maintenance and Repair
The Parties will perform cooperative testing and trouble isolation to identify where trouble points
exist. CLEC Cross Connections will be repaired by CLEC and Qwest Cross Connections will be
repaired by Qwest. Maintenance and Repair processes are contained in Section 12 of this
Agreement.
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9.14 AIN Services
9.14.1 Description
AIN services are offered and available as an enhancement to CLEC’s SS7 capable network
structure and operation of AIN Version 0.1 capable switches.
9.14.1.1 AIN Customized Services (ACS) - Allows CLEC to utilize Qwest‘s AIN
service application development process to develop new AIN services or features. ACS
is determined on an Individual Case Basis. The elements are also combined on an
Individual Case Basis to meet CLEC’s request. Services developed through the ACS
process can either be implemented in Qwest’s network or handed off to CLEC to be
installed in its own network.
9.14.1.2 AIN Platform Access (APA) - This service allows CLEC to provide to its
End Users any AIN service that is deployed for CLEC utilizing the ACS process in
Qwest’s SCP. Qwest is responsible for the Provisioning of these AIN services. CLEC
will be able to populate data for Provisioning of the Call Processing Records (CPRs)
stored in the SCP for AIN services. The process to provision, modify or update
information in the AIN databases is predominately manual.
9.14.1.3 AIN Query Processing (AQP) - TCAP queries are used to collect
information from the AIN database for use in call processing of the AIN based services
above. CLEC launches a query from an AIN capable Switch over the SS7 network to
the Qwest Signal Transfer Point (STP). This query is directed to Qwest’s SCP to collect
data for the response to the originating Switch.
9.14.2 Terms and Conditions
9.14.2.1 AIN Customized Services (ACS) - Since each proposed service is
unique and complex, when ACS is ordered, Qwest conducts a feasibility study which
estimates the amount of time and cost necessary to develop the proposed service or
enhancement. The charges associated with the feasibility analysis, development and
implementation shall be established pursuant to the BFR process as described in this
Agreement. The service is developed and tested in a Qwest lab environment. If the
service is implemented in Qwest’s network, it goes through network test prior to
implementation.
9.14.2.2 AIN Platform Access (APA)
9.14.2.2.1 Prior to activation of the AIN feature, CLEC’s Switch point code
must be activated for AIN processing on the CCSAC/SS7 link (described in this
Section) that is transporting the AIN query.
9.14.2.2.2 Qwest will provide requirements for data load preparation and
delivery by CLEC.
9.14.2.2.3 In order to make AAOS service work, service logic must be
loaded in the AIN application to provision an AIN service on the platform for
CLEC. Qwest is responsible for Provisioning the Call Processing Record (CPR)
in the SCP.
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9.14.2.2.4 Each End User line must be provisioned by the facility owner.
CLEC is responsible for setting the AIN trigger in its Switch.
9.14.2.2.5 AIN Query Processing. Qwest will certify and test CLEC Switch
for AIN message transmission to assure quality performance as described in this
Section. Qwest and CLEC will test cooperatively.
9.14.3 Rate Elements
9.14.3.1 AIN Customized Services (ACS). Hourly rates are applicable for each
component of the ACS service according to the estimates determined in the feasibility
analysis. The specific charges for each component and the terms and conditions for
payment shall be described in the BFR response described above.
9.14.3.2 AIN Platform Access (APA). APA is billed a monthly recurring and a
one-time nonrecurring charge for each AIN feature activated, per telephone number.
9.14.3.3 AIN Query Processing. The AIN service rates will be developed and
assessed in accordance with the specific service requested by CLEC.
9.14.4 Ordering
9.14.4.1 ACS is ordered on an Individual Case Basis and is coordinated through
the Qwest account manager and product manager. Due date intervals for the proposal
phase are detailed below:
a) Within five (5) business days of an inquiry, Qwest will provide
CLEC with the Service Request Form.
b) Within ten (10) business days of receiving the Service Request,
Qwest will provide a written acknowledgment of receipt.
c) Within fifteen (15) business days of acknowledgment, Qwest will
assess the Service Request and prepare for a meeting with CLEC to review the
Service Request.
d) Qwest will be available to attend a Service Request Meeting
within five (5) business days of the completion of the assessment. The Service
Request will be considered accepted once Qwest and CLEC come to an agreed-
upon understanding of the service feature set and scope.
e) Within thirty (30) business days of acceptance of the Service
Request, Qwest will provide a response, the Service Evaluation, which includes
an initial service evaluation and development time and cost estimates.
f) Within ninety (90) business days of end user approval of the
Service Evaluation, Qwest will complete a Feasibility Analysis, which includes
development time and costs.
Remaining deliverables are negotiated with CLEC so that mutually-agreeable Due Dates
based on service complexity are established.
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9.14.4.2 APA is ordered using the LSR form.
9.14.4.3 In the event that Miscellaneous Charges apply, they will be applied
consistent with the application used for equivalent services ordered by Qwest End
Users.
9.14.4.4 Upon receipt of a complete and accurate LSR, Qwest will load CLEC
records into the AIN database within ten (10) days. Qwest will also establish translations
at the STP to allow query access from CLEC Switch within ten (10) days.
9.14.4.5 Completion notification will be either by e-mail or by fax.
9.14.4.6 AIN Query Processing (AQP) – is specific to the service ordered and
must be established at the time of the APA ordering process.
9.15 Interconnection to Line Information Database (LIDB)
9.15.1 Line Information Database (LIDB) Storage
9.15.1.1 Description -- LIDB Storage
9.15.1.1.1 Line Information Database (LIDB) stores various telephone line
numbers and Special Billing Number (SBN) data used by operator services
systems to process and bill Alternately Billed Services (ABS) calls. The operator
services system accesses LIDB data to provide originating line (calling number),
Billing number and terminating line (called number) information. LIDB is used for
calling card validation, fraud prevention, Billing or service restrictions and the
sub-account information to be included on the call’s Billing record.
9.15.1.1.2 Telcordia’s GR-446-CORE defines the interface between the
administration system and LIDB including specific message formats (Telcordia’s
TR-NWP-000029, Section 10).
9.15.1.2 Terms and Conditions -- LIDB Storage
CLEC will provide initial data, add, update or delete data, and license said data to Qwest
for placement in Qwest's LIDB. CLEC will provide and maintain necessary information
to enable Qwest to provide LIDB services. CLEC will ensure, to the extent possible, the
accuracy of the data provided to Qwest for storage in Qwest’s LIDB, and supply updated
and changed data in a timely manner.
9.15.1.3 Rate Elements -- LIDB Storage
LIDB Data Storage does not have a recurring charge. When electronic access becomes
available, a one-time nonrecurring fee may be charged for the initial load of CLEC's data
into LIDB.
9.15.1.4 Ordering -- LIDB Storage
Qwest will be responsible for loading and updating CLEC’s line records into the LIDB
database from the data provided by CLEC. The establishment of CLEC line records will
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be provisioned through an interim manual process. Updates, adds, changes and
deletions subsequent to the initial file for establishment must be e-mailed to Qwest.
Emergency updates (adds, changes, deletes) may be faxed. CLEC is responsible for
the accuracy of the data sent to Qwest. Inquiries from CLEC must be faxed to Qwest
using the approved forms appropriate for the type of inquiry requested.
9.15.2 Line Validation Administration System (LVAS) Access
9.15.2.1 Description -- LVAS Access
9.15.2.1.1 LVAS is the comprehensive administrative management tool
which loads the LIDB data and coordinates line record updates in Qwest’s
redundant LIDB databases. LVAS is the vehicle that audits stored information
and assures accurate responses.
9.15.2.1.2 LVAS access is available only to facility-based CLECs.
9.15.2.2 Terms and Conditions -- LVAS Access
9.15.2.2.1 CLEC will provide Qwest with the following information:
a) The LIDB service requested (i.e., calling name, calling cards,
Originating Line Number Screening (OLNS), ABS, etc.);
b) CLEC’s Revenue Accounting Office (RAO), Operating Customer
Number (OCN), and/or Local Service Provider Identification (LSPI);
c) The NPA NXX and signaling point codes for the operator or End
Office Switches from which queries are launched;
d) The identity of CLEC’s SS7 provider for Number Portability, ABS,
OLNS and calling name;
e) The identity of CLEC’s operator services provider for ABS queries;
f) Intentionally Left Blank; and
g) The contact names and fax numbers of all CLEC personnel to be
contacted for fraud notification and LIDB data administration.
9.15.2.2.2 CLEC will e-mail to Qwest all updates, adds, changes, and
deletions to the initial file in ASCII format.
9.15.2.2.3 Within one (1) business day of receipt of the file, Qwest will
attempt to load the file into LVAS. If Qwest successfully loads the file into LVAS,
the originator of CLEC’s files will be notified by Qwest.
9.15.2.2.4 In the event that Qwest is not successful in loading the file
because errors were detected, Qwest will e-mail the file back to CLEC with an
error notice.
9.15.2.2.5 Reserved for Future Use.
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9.15.2.2.6 Qwest will provide to CLEC the necessary methods and
procedures when the LVAS electronic interface becomes available.
9.15.2.3 Rate Elements -- LVAS Access
9.15.2.3.1 LIDB Line Record Initial Load Charge - CLEC shall reimburse
Qwest for all charges Qwest incurs relating to the input of CLEC’s End User line
record information, including the formatting of data so that it may be loaded into
LVAS.
9.15.2.3.2 Mechanized Service Account Update - LVAS Access is the
product which allows CLEC to add, update and delete telephone line numbers
from the Qwest LIDB for CLEC's End Users. Qwest will charge CLEC for each
addition or update processed.
9.15.2.3.3 Individual Line Record Audit - CLEC may verify the data for a
given ten (10) digit line number using an inquiry of its End User data.
9.15.2.3.4 Account Group Audit - CLEC may audit an individual Account
Group NPA-NXX.
9.15.2.4 Expedited Request Charge for Manual Updates
CLEC may request an expedited manual update to the LIDB database that requires
immediate action (i.e., deny PIN number). Qwest shall assess CLEC an expedited
request charge for each manual update.
9.15.2.5 Ordering - LVAS Access.
LVAS report queries from CLEC must be faxed to Qwest MIDAS center using the
approved forms appropriate for the type of inquiry requested.
9.15.2.6 Billing - Line Validation Administration System (LVAS) Access.
When electronic access becomes available, a per query rate may apply to each
Mechanized Service Account Update, Individual Line Record Audit, Account Group
Audit, and Expedited Request Charge for Manual Updates.
9.15.3 LIDB Query Service
9.15.3.1 Description - LIDB Query Service
9.15.3.1.1 LIDB Query Service provides information to query originators for
use in processing Alternately Billed Services (ABS) calls. ABS call types include
calling card, billed to third number, and collect calls.
9.15.3.1.2 On behalf of CLEC, Qwest will process LIDB queries from query
originators (Telecommunications Carriers) requesting CLEC telephone line
number data. Qwest allows LIDB query access through Qwest regional STPs.
9.15.3.2 Terms and Conditions - LIDB Query Service
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9.15.3.2.1 All LIDB queries and responses from operator services systems
and end offices are transmitted over a CCS network using a Signaling System 7
(SS7) protocol (TR-NWT-000246, Bell Communications Research Specification
of Signaling System 7).
9.15.3.2.2 The application data needed for processing LIDB data are
formatted as Transaction Capabilities Application Part (TCAP) messages. TCAP
messages may be carried as an application level protocol using SS7 protocols
for basic message transport.
9.15.3.2.3 The SCP node provides all protocol and interface support.
CLEC SS7 connections will be required to meet Telcordia’s GR905, TR954 and
Qwest’s Technical Publication 77342 specifications.
9.15.3.2.4 Qwest will include CLEC-provided data in Qwest’s LIDB in
accordance with section 9.15.1 (LIDB Storage), and allow access to the data
subject to Qwest negotiated agreements with Telecommunications Carriers,
allowing CLEC's End Users the same benefits of said agreements as enjoyed by
Qwest End Users. Qwest will update CLEC data, as requested by CLEC. Qwest
will perform services provided hereunder and determine the applicable standard
for the data, in accordance with operating methods, practices and standards in
effect. Qwest shall exercise reasonable efforts to provide accurate and complete
LIDB information in Qwest’s LIDB.
9.15.3.3 Rate Elements - LIDB Query Service
9.15.3.3.1 The recurring charges for LIDB queries for Alternately Billed
Services (ABS) calls processed by an Operator Services Switch are contained in
Exhibit A of this Agreement.
9.15.3.3.2 LIDB Query rates apply in addition to all applicable CCSAC
charges.
9.15.3.4 Ordering - LIDB Inquiry Service
9.15.3.4.1 LIDB requires a connection to the Common Channel Signaling
Network (CCSN). Therefore, CLEC must have Common Channel Signaling
Access Capability (CCSAC).
9.15.3.4.2 Provisioning of LIDB is done via the LIDB Access Request
Form. Upon receipt of an accurate LIDB Access Request Form, Qwest will
complete all necessary work and service will be available within seven (7)
business days.
9.15.3.4.3 In addition to the LIDB Request Form, Hub Providers requesting
LIDB services on behalf of CLEC must furnish Qwest a Proof of Authorization to
prove that they have CLEC authorization to provide these services. This letter
must be on file prior to Provisioning.
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9.15.4 Fraud Alert Notification
9.15.4.1 Description - Fraud Alert Notification
The WatchDog Fraud Management System (FMS) processes the LIDB query detail
records to establish patterns and identify potential fraudulent situations. WatchDog
issues an alert to the Qwest Fraud Investigation Unit (FIU). Qwest will notify CLEC of
system alerts on CLEC End User lines.
9.15.4.2 Terms and Conditions - Fraud Alert Notification
Qwest will notify CLEC of system alerts on CLEC End User lines. At the direction of
CLEC, Qwest will institute a block to prevent any further occurrence of fraud or
uncollectible toll charges in accordance with practices used by Qwest for its own End
Users. Such practices include, but are not limited to, removing from valid data those
data which incur fraud or uncollectible toll charges.
9.15.4.3 Rate Elements - Fraud Alert Notification
Fraud Alert Notification will be billed on a time and material basis per alert.
9.15.4.4 Ordering - Fraud Alert Notification
As part of the planning for LIDB Data Storage, CLEC will provide Qwest a contact for
fraud notification. The contact must be available twenty-four (24) hours a day, seven (7)
days a week. Qwest will not take any action when fraud notification is received other
than to notify CLEC. CLEC may request that Qwest deny a calling card. Any request of
this type must be followed up by a fax as a confirmation.
9.16 8XX Database Query Service
9.16.1 8XX Database Query Service is an originating service which provides the Carrier
Identification Code (CIC) and/or the vertical features associated with the 8XX number. Call
routing information in the SMS/800 Database reflects the desires of the owner of the 8XX
number as entered in the SMS/800 by its chosen responsible organization.
9.16.2 8XX Optional Features
9.16.2.1 POTS Translation - Delivers the ten-digit Plain Old Telephone Service
(POTS) number to CLEC. To determine that the call originated as an 8XX number, the
trunk group must be provisioned with Automatic Number Identification (ANI). ANI digit
24 will be delivered to the trunk group.
9.16.2.2 Call Handling and Destination Features - This will allow routing options
by specifying a single Carrier, multiple Carriers, single termination or multiple
terminations. Multiple terminations may require the POTS translation feature. Variable
routing options are:
a) Routing by originating NPA-NXX-XXXX;
b) Time of day;
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c) Day of week;
d) Specified date; and
e) Allocation by percentage.
9.16.3 Rate Elements
9.16.3.1 The recurring charges for 8XX Database Query Service, POTS
Translation, and Call Handling and Destination Features are contained in Exhibit A of
this Agreement.
9.16.3.2 The rates for 8XX Database Query Service only apply to queries from
CLEC’s Switch to the Qwest 8XX Database. If CLEC routes 8XX traffic to Qwest for
delivery to an Interexchange Carrier, the call shall be handled as jointly provided
switched access. If CLEC routes such traffic to Qwest without performing the query,
Qwest shall perform the query in accordance with its switched access Tariff.
9.16.3.3 Nonrecurring Options Activations Charge will apply for CLEC to activate
8XX Database Query Service. These rate elements are contained in the CCSAC/SS7
section of Exhibit A.
9.16.4 Ordering Process
9.16.4.1 CLEC shall order access to Qwest local STP (links and ports) prior to or
in conjunction with 8XX Database Query Service.
9.16.4.2 The information and time intervals to order STP (links and ports) are
contained in the Common Channel Signaling Capability/SS7 Section of this Agreement.
STP links and ports are required with 8XX Database Query Service.
9.16.4.3 8XX Database Query Service shall be provided within thirty (30) days
after CLEC has access to the Qwest local STP.
9.16.5 Technical Requirements
9.16.5.1 Qwest shall make Qwest’s Toll Free Number Database available,
through its STPs, for CLEC to query from CLEC’s designated Switch.
9.16.5.2 The Toll Free Number Database shall return Carrier identification and,
where applicable, the queried toll free number, translated numbers and instructions as it
would in response to a query from a Qwest Switch.
9.16.6 Interface Requirements
The signaling interface between CLEC's or other local Switch and the Toll-Free Number
Database shall use the TCAP protocol as specified in the technical references together with the
signaling network interface.
9.16.7 Technical References
SCPs/Databases shall be consistent with the following technical references:
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9.16.7.1 GR-246-CORE, Bell Communications Research Specification of
Signaling System Number 7, Issue 1 (Bellcore, December 1994);
9.16.7.2 GR-1432-CORE, CCS Network Interface Specification (CCSNIS)
Supporting Signaling Connection Control Part (SCCP) and Transaction Capabilities
Application Part (TCAP) (Bellcore, March 1994);
9.16.7.3 GR-954-CORE, CCS Network Interface Specification (CCSNIS)
Supporting Line Information Database (LIDB) Service 6, Issue 1, Rev. 1 (Bellcore,
October 1995);
9.16.7.4 GR-1149-CORE, OSSGR Section 10: System Interfaces, Issue 1
(Bellcore, October 1995) (Replaces TR-NWT-001149);
9.16.7.5 GR-1158-CORE, OSSGR Section 22.3: Line Information Database 6,
Issue (Bellcore, October 1995); and
9.16.7.6 WGR-1428-CORE, CCS Network Interface Specification (CCSNIS)
Supporting Toll Free Service (Bellcore, May 1995).
9.17 InterNetwork Calling Name (ICNAM)
9.17.1 Description
9.17.1.1 InterNetwork Calling Name (ICNAM) is a Qwest service that allows
CLEC to query Qwest’s ICNAM database and secure the listed name information for the
requested telephone number (calling number), in order to deliver that information to
CLEC’s End Users.
9.17.1.2 ICNAM database contains current listed name data by working
telephone number served or administered by Qwest, including listed name data provided
by other Telecommunications Carriers participating in the calling name delivery service
arrangement.
9.17.2 Terms and Conditions
9.17.2.1 In response to queries properly received at Qwest’s ICNAM database,
Qwest will provide the listed name of the calling party that relates to the calling
telephone number (when the information is actually available in Qwest’s database and
the delivery thereof is not blocked or otherwise limited by the calling party or other
appropriate request). CLEC is responsible for properly and accurately launching and
transmitting the query from its serving office to the Qwest database.
9.17.2.2 In response to proper signaling queries, Qwest will provide CLEC with
ICNAM database End User information if the calling party’s End User information is
stored in the Qwest ICNAM database. As a result, the called party End User can identify
the calling party listed name prior to receiving the call, except in those cases where the
calling party End User has its ICNAM information blocked.
9.17.2.3 Qwest will allow CLEC to query Qwest’s ICNAM database in order to
obtain ICNAM information that identifies the calling party End User.
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9.17.2.4 The ICNAM service shall include the database dip and transport from
Qwest’s regional STP to Qwest’s SCP where the database is located. Transport from
CLEC’s network to Qwest’s local STP is provided via Links, which are described and
priced in the CCSAC/SS7 Section of this Agreement.
9.17.2.5 CLEC shall send queries conforming to the American National Standards
Institute’s (ANSI) approved standards for SS7 protocol and per the following
specification standard documents:
a) Telcordia-SS7 Specification, TR-NPL-000246;
b) ANSI-SS7 Specifications;
c) Message Transfer Part T1.111;
d) Signaling Connection Control Part T1.112;
e) Transaction Capabilities Application Part T1.114;
f) Telcordia-CLASS Calling Name Delivery;
g) Generic Requirements, TR-NWT-001188; and
h) Telcordia-CCS Network Interface Specifications, TR-TSV-000905.
9.17.2.6 CLEC acknowledges that transmission in the above protocol is
necessary for Qwest to provision its ICNAM services. CLEC will adhere to other
applicable standards, which include Telcordia specifications defining service
applications, message types and formats. Qwest may modify its network pursuant to
other specification standards that may become necessary to meet the prevailing
demands within the United States Telecommunications industry. All such changes shall
be announced in advance and coordinated with CLEC.
9.17.2.7 All queries to Qwest’s ICNAM database shall use a subsystem number
(the designation of application) value of 250 with a translation type value of 5. CLEC
acknowledges that such subsystem number and translation type values are necessary
for Qwest to properly process queries to Qwest’s ICNAM database.
9.17.2.8 CLEC acknowledges and agrees that SS7 network overload due to
extraordinary volumes of queries and/or other SS7 network messages can and will have
a detrimental effect on the performance of Qwest’s SS7 network. CLEC further agrees
that Qwest, in its sole discretion, shall employ certain automatic and/or manual overload
controls within the Qwest SS7 network to safeguard against any detrimental effects.
Qwest shall report to CLEC any instances where overload controls are invoked due to
CLEC’s SS7 network, and CLEC agrees in such cases to take immediate corrective
actions as necessary to cure the conditions causing the overload situation.
9.17.2.9 Qwest shall exercise reasonable efforts to provide accurate and
complete ICNAM information in Qwest’s ICNAM database. The ICNAM information is
provided on an as-is Basis with all faults. Qwest does not warrant or guarantee the
correctness or the completeness of such information; however, Qwest will access the
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same ICNAM database for CLEC’s queries as Qwest accesses for its own queries. In
no event shall Qwest have any liability for system outage or inaccessibility or for losses
arising from the authorized use of the ICNAM data by CLEC.
9.17.2.10 CLEC shall arrange its Calling Party Number based services in such a
manner that when a calling party requests privacy, CLEC will not reveal that caller’s
name or number to the called party (CLEC’s End User). CLEC will comply with all FCC
guidelines and, if applicable, the appropriate Commission rules, with regard to honoring
the privacy indicator.
9.17.2.11 Qwest retains full and complete ownership and control over the ICNAM
database and all information in its database. CLEC agrees not to copy, store, maintain
or create any table or database of any kind from any response received after initiating an
ICNAM query to Qwest’s database. CLEC will prohibit its End Users from copying,
storing, maintaining, or creating any table or database of any kind from any response
provided by CLEC to its End User after CLEC initiated an ICNAM query to Qwest’s
ICNAM database.
9.17.2.12 Qwest reserves the right to temporarily discontinue the ICNAM service if
CLEC’s incoming calls are so excessive as determined by Qwest to jeopardize the
viability of the ICNAM service.
9.17.3 Rate Elements
Rate elements for ICNAM services are contained in Exhibit A of this Agreement.
9.17.4 Billing
9.17.4.1 CLEC agrees to pay Qwest for each and every query initiated into
Qwest’s ICNAM database for any information, whether or not any information is actually
provided.
9.17.4.2 ICNAM rates will be billed to CLEC monthly by Qwest for the previous
month.
9.17.5 Ordering Process
9.17.5.1 CLEC shall order access to Qwest local STP (links and ports) prior to or
in conjunction with ICNAM Services. Section 9.13 contains information on ordering SS7
and STP links and ports.
9.17.5.2 If CLEC has an existing database of names that needs to be compiled
into the appropriate format, ICNAM service will begin thirty (30) days after Qwest has
received from CLEC its database information.
9.17.5.3 If CLEC has no existing end user base, then ICNAM service will begin
seven (7) days after Qwest receives the CLEC order.
9.18 Additional Unbundled Elements
CLEC may request non-discriminatory access to and, where appropriate, development of,
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additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process.
9.19 Construction Charges
Qwest will conduct an individual financial assessment of any request that requires construction
of network capacity, facilities, or space for access to or use of UNEs. When Qwest constructs
to fulfill CLEC's request for UNEs, Qwest will bid this construction on a case-by-case basis.
Qwest will charge for the construction through nonrecurring charges and a term agreement for
the remaining recurring charge, as described in the Construction Charges Section. When CLEC
orders the same or substantially similar service available to Qwest End User Customers,
nothing in this Section shall be interpreted to authorize Qwest to charge CLEC for special
construction where such charges are not provided for in a Tariff or where such charges would
not be applied to a Qwest End User Customer. If Qwest agrees to construct a Network Element
that satisfies the description of a UNE contained in this agreement, that Network Element shall
be deemed a UNE.
9.20 Unbundled Packet Switching
Qwest shall provide CLEC with unbundled Packet Switching in a non-discriminatory manner
according to the following terms and conditions.
9.20.1 Description
9.20.1.1 Unbundled Packet Switching provides the functionality of delivering and
routing packet data units via a virtual channel to a CLEC Demarcation Point. Unbundled
Packet Switching includes use of a distribution Loop and virtual transport facilities as
well as the DSLAM functionality with the routing and addressing functions of the Packet
Switch necessary to generate the virtual channel.
9.20.2 Terms and Conditions
9.20.2.1 CLEC may obtain unbundled Packet Switching only when all four (4) of
the following conditions are satisfied in a specific geographic area:
9.20.2.1.1 Qwest has deployed digital Loop carrier systems, including but
not limited to, integrated digital Loop carrier or universal digital Loop carrier
systems or has deployed any other system in which fiber optic facilities replace
copper facilities in the distribution section.
9.20.2.1.2 There are no spare copper Loops available capable of
supporting the xDSL services the requesting Carrier seeks to offer, or capable of
permitting CLEC to provide the same level of quality advanced services to its
End User Customer as Qwest.
9.20.2.1.3 Qwest has placed a DSLAM for its own use in a Remote Qwest
Premises but has not permitted CLEC to collocate its own DSLAM at the same
Remote Qwest Premises or collocating a CLEC's DSLAM at the same Qwest
Premises will not be capable of supporting xDSL services at Parity with the
services that can be offered through Qwest's Unbundled Packet Switching.
9.20.2.1.4 Qwest has deployed Packet Switching capability for its own use.
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9.20.2.2 A Demarcation Point must be established to the Qwest Packet Switch
serving the DSLAM of the End User Customer to which CLEC is providing data services.
9.20.2.3 Qwest will provide CLEC with virtual channels at a physical network
Demarcation Point such as a DSX-1 or DSX-3 in the Central Office in which the Packet
Switch is located.
9.20.2.4 The ATM virtual channels provided to CLEC shall conform with ATM
User-to-Network Interface (UNI) specifications as described in ITU-T 1.371/ATM Forum.
9.20.2.5 CLEC must specify the number of virtual channels, the bit rate for each
virtual channel, and the quality of service for each virtual channel. Qwest will commit to
satisfy the request to the extent feasible. Qwest will provide CLEC with Unspecified Bit-
Rate (UBR) for each channel, and a minimum bit rate.
9.20.2.6 Qwest will provision CLEC specified options as available for each virtual
channel in its OSS.
9.20.2.7 Qwest shall provide CLEC with Packet Network Management capacity
through its service order activities. CLEC shall have access to Qwest’s Packet Network
Management Systems if, and only if, such Packet Network Management System
capacity can be partitioned and made available to CLEC.
9.20.2.8 CLEC shall provide the Customer premises modem. Customer
Premises Equipment including modem and filters must be compatible with specific
DSLAM equipment deployed by Qwest.
9.20.2.9 Upon request, Qwest will provide CLEC with the location of Qwest
remotely deployed DSLAMs by Central Office. Upon request, Qwest will also disclose
the location of DSLAMs that Qwest is in the process of remotely deploying. CLEC can
place a request for remotely deployed DSLAM location information at any time, and is
not required to meet any of the conditions listed in 9.20.2.1 prior to making such a
request.
9.20.3 Rate Elements
9.20.3.1 Unbundled Packet Switch Customer Channel – This rate element
consists of two (2) rate sub elements: DSLAM functionality and virtual transport.
9.20.3.1.1 DSLAM - Both a nonrecurring rate and a recurring rate shall
apply. Rates will vary depending on the following factors: (a) Uncommitted Bit
Rate or, (b) Committed Bit Rate at 256 Kbps, 512 Kbps, 768 Kbps, 1 Mbps, or 7
Mbps.
9.20.3.1.2 Virtual Transport – This includes virtual Loop transport from the
DSLAM to the Qwest Wire Center and virtual interoffice transport from the Wire
Center serving the End User Customer to the Wire Center containing the Packet
Switch. Both a nonrecurring rate and a recurring rate shall apply. If CLEC
provisions its own transport, then this rate element shall not apply.
9.20.3.2 Unbundled Packet Switch Loop Capability – This element includes Loop
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facilities between the remote DSLAM and the End User Customer premises and will vary
depending on the type of Loop elements, which may be either a Dedicated Loop or
Shared Loop. If CLEC provisions its own transport from the End User Customer to the
DSLAM, this rate element shall not apply.
9.20.3.3 Unbundled Packet Switch Interface Port - CLEC obtains the Unbundled
Packet Switch Interface Port currently contained within Qwest’s network. This Port may
be a DS1 or DS3 Port on a Packet Switch allowing virtual channels to be connected and
transmitted to CLEC network.
9.20.3.4 The rates for each of the aforementioned Packet Switching rate
elements are set forth in Exhibit A. To the extent the Packet Switching rates are interim,
the rates will be subject to true up based on either mutually agreed to permanent rates
or permanent rates established in a cost proceeding conducted by the Commission. In
the event interim rates are established by the Commission before permanent rates are
set, the rates in Exhibit A will be modified to reflect any interim rates established by the
Commission. No true-up of rates will occur until permanent rates are established, unless
mutually agreed to by CLEC and Qwest or otherwise order by the Commission.
9.20.4 Ordering Process
9.20.4.1 Prior to Qwest completing an order for unbundled Packet Switching
CLEC must have provided Qwest a Collocation application, Collocation space availability
report pursuant to Section 8.2.1.9, or a Collocation forecast to place a DSLAM in a
Qwest Remote Premises containing a Qwest DSLAM and been denied such access.
9.20.4.1.1 Upon CLEC request, Qwest will disclose the location of all
DSLAM's Qwest has deployed in Remote Premises throughout the state.
9.20.4.1.2 To the extent that CLEC submits an order for Unbundled Packet
Switching before the Collocation Application, Collocation space availability report
pursuant to Section 8.2.1.9, or Collocation Forecast is denied, Qwest shall
respond to the Collocation request and Unbundled Packet Switching order in
parallel.
9.20.4.2 Prior to placing an order for Unbundled Packet Switch Customer
Channel, CLEC must have established or be in the process of establishing continuity
between CLEC network and an Unbundled Packet Switch Interface Port.
9.20.4.3 To order unbundled Packet Switching, CLEC will place two (2) orders via
an LSR, which orders will be provisioned according to the intervals set forth in Exhibit C
once the continuity as set forth in the preceding section is established.
9.20.4.3.1 Network Interface Order to establish connectivity between CLEC
network and Qwest Unbundled Packet Switch Interface Port: CLEC must specify
bandwidth requirement of DS1 or DS3. Qwest will combine transport UNE to
Unbundled Packet Switch Interface Port.
9.20.4.3.2 Customer channel order to establish linkage between End User
Customer equipment and Qwest’s packet network: CLEC must specify remote
DSLAM address, End User Customer address, quality of service requested, and
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bit-rate requested.
9.20.5 Maintenance and Repair
Maintenance and Repair of unbundled Packet Switching are the sole responsibility of Qwest.
Maintenance and Repair processes are contained in Section 12.
9.21 UNE-P Line Splitting
9.21.1 Description
Line Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with an existing UNE-P by using the frequency range above the voice band on
the copper Loop. The advanced data service may be provided by the Customer of record or
another data service provider chosen by the Customer of record. A POTS Splitter must be
inserted into the UNE-P to accommodate establishment of the advanced data service. The
POTS Splitter separates the voice and data traffic and allows the copper Loop to be used for
simultaneous DLEC data transmission and CLEC provided voice service to the End User.
"CLEC" will herein be referred to as the voice service provider while "DLEC" will be referred to
as the advanced data service provider. CLEC and DLEC may be the same entity. Only one (1)
Customer of record determined by the CLEC/DLEC partnership will be identified to Qwest.
9.21.2 Terms and Conditions
9.21.2.1 General
9.21.2.1.1 The Customer of record will order the insertion of a POTS
Splitter. Qwest is not responsible for providing the Splitter, filter(s) and/or other
equipment necessary for the End User to receive separate voice and data
service across a single copper Loop.
9.21.2.1.2 To order Line Splitting, CLEC/DLEC must have a POTS Splitter
installed in the Qwest Wire Center that serves the End User. The POTS Splitter
must meet the requirements for Central Office equipment Collocation set by the
FCC or be compliant with ANSI T1.413.
9.21.2.1.3 CLEC/DLEC may provide any xDSL services that are
compatible with CLEC UNE-P POTS service in accordance with ANSI T1.413 or
IEEE 820 or other industry standards.
9.21.2.1.4 There may be only one DLEC at any given time that provides
advanced data service on any given UNE-P.
9.21.2.1.5 The Customer of record will be able to request conditioning of
the Unbundled Loop portion of the UNE-P. Qwest will perform requested
conditioning of shared Loops to remove load coils and excess Bridged Taps. If
CLEC requests conditioning and such conditioning significantly degrades the
voice services on the Loop of the UNE-P to the point that it is unacceptable to
CLEC, CLEC shall pay the conditioning rate set forth in Exhibit A to recondition
the Loop.
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9.21.2.1.6 POTS Splitters may be installed in Qwest Wire Centers in either
of the following ways at the discretion of CLEC/DLEC: (a) via the standard
Collocation arrangements set forth in the Collocation Section; or (b) via Common
Area Splitter Collocation as set forth in the Shared Loop Section of this
Agreement. Under either option, POTS Splitters will be appropriately hard-wired
or pre-wired so that Qwest is not required to inventory more than two (2) points of
termination. For UNE-P Line Splitting, Qwest shall use the same number of
Cross Connections and the same length of the tie pairs as it uses for Line
Sharing.
9.21.2.1.7 Reserved for Future Use.
9.21.2.1.8 POTS Splitter Collocation requirements are covered in the
Shared Loop Section of this Agreement.
9.21.3 Rate Elements
The following UNE-P Line Splitting rate elements are contained in Exhibit A of this Agreement.
9.21.3.1 Recurring Rates for UNE-P Line Splitting.
9.21.3.1.1 Interconnection TIE Pairs (ITP). A monthly recurring charge to
recover the costs associated with the use of 2 ITPs, one for voice and one for
voice/data.
9.21.3.1.2 OSS Charge – A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the UNE-P Loop.
9.21.3.2 Nonrecurring Rates for the UNE-P Line Splitting
9.21.3.2.1 Basic Installation Charge for UNE-P Line Splitting – A
nonrecurring charge for each UNE-P Line Splitting installed will apply.
9.21.3.2.2 Charge for conditioning Loop associated with UNE-P – A
nonrecurring charge for either conditioning the Loop by removing load coils
and/or excess Bridged Taps; or reconditioning the line if necessary to assure the
quality of the voice service on the UNE-P.
9.21.3.3 Nonrecurring Rates for Maintenance and Repair
9.21.3.3.1 Trouble Isolation Charge – A nonrecurring charge for Trouble
isolation will be applied in accordance with the Support Functions – Maintenance
and Repair Section.
9.21.3.3.2 Additional Testing – The Customer of record may request Qwest
to perform additional testing, and Qwest may decide to perform the requested
testing on a case-by-case basis. A nonrecurring charge will apply in accordance
with Exhibit A.
9.21.3.4 Rates for POTS Splitter Collocation are included in Exhibit A of this
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Agreement.
9.21.3.5 All of these rates are interim and will be subject to true-up based on
either mutually agreed permanent rates or permanent rates established in a cost
proceeding conducted by the Commission. In the event interim rates are established by
the Commission before permanent rates are set, the interim rates set forth in Exhibit A
will be changed to reflect the interim rates set by the Commission; however, no true up
will be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
9.21.4 Ordering Process
9.21.4.1 UNE-P Line Splitting
9.21.4.1.1 As a part of the pre-order process, CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
the Support Functions Section. The Customer of record will determine, in its sole
discretion and at its risk, whether to add data services to any specific UNE-P
associated Loop.
9.21.4.1.2 The Customer of record will provide on the LSR, the appropriate
frame terminations that are dedicated to POTS Splitters. Qwest will administer
all cross connects/jumpers on the COSMIC/MDF and IDF.
9.21.4.1.3 Basic Installation "lift and lay" procedure will be used for all Line
Splitting orders. Under this approach, a Qwest technician "lifts" the Loop from its
current termination in a Qwest Wire Center and "lays" it on a new termination
connecting to CLEC’s/DLEC’s collocated equipment in the same Wire Center.
9.21.4.1.4 The Customer of record shall not place orders for UNE-P Line
Splitting until all work necessary to provision UNE-P Line Splitting in a given
Qwest Wire Center, including, but not limited to, POTS Splitter installation and
TIE Cable reclassification or augmentation has been completed.
9.21.4.1.5 If a Line Splitting LSR is placed to change from Line Sharing to
UNE-P Line Splitting or to change the voice provider in a UNE-P Line Splitting
arrangement and the data provider does not change or move Splitter location,
the data service will not be interrupted.
9.21.4.1.6 The Customer of record shall submit the appropriate LSR’s
associated with establishing UNE-P and Line Splitting.
9.21.5 Billing
9.21.5.1 Qwest shall provide a bill to the Customer of record, on a monthly basis,
within seven to ten (7-10) calendar 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 sub-account information consistent with the
samples available for CLEC/DLEC review.
9.21.5.2 Qwest shall bill the Customer of record for all recurring and nonrecurring
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Line Splitting rate elements.
9.21.6 Repair and Maintenance
9.21.6.1 Qwest will allow CLEC/DLEC to access UNE-P Line Splitting at the point
where the combined voice and data Loop is cross-connected to the POTS Splitter.
9.21.6.2 The Customer of record will be responsible for reporting to Qwest voice
service troubles provided over UNE-P Line Splitting. Qwest will be responsible to repair
troubles on the physical line between Network Interface Devices at the user premises
and the point of demarcation in Qwest Wire Centers. CLEC/DLEC will be responsible
for repairing data services provided on UNE-P Line Splitting. Qwest, CLEC and DLEC
each will be responsible for maintaining its equipment. The entity that controls the
POTS Splitters will be responsible for their maintenance.
9.21.6.3 Qwest, CLEC and DLEC will continue to develop repair and
maintenance procedures for UNE-P Line Splitting and agree to document final agreed to
procedures in a methods and procedures document that will be made available on
Qwest’s website: http://www.qwest.com/wholesale/productsservices/pcat/index.html. In
the interim, Qwest and CLEC/DLEC agree that the following general principles will guide
the repair and maintenance process for UNE-P Line Splitting.
9.21.6.3.1 If an End User complains of a voice service problem that may be
related to the use of an UNE-P for data services, Qwest and CLEC/DLEC will
work together with the End User to solve the problem to the satisfaction of the
End User. Qwest will not disconnect the data service without authorization from
the Customer of record.
9.21.6.3.2 CLEC and DLEC are responsible for their respective End User
base. CLEC/DLEC will have the responsibility for initiation and resolution of any
service trouble report(s) initiated by their respective End Users.
9.21.6.3.3 Qwest will test for electrical faults (e.g. opens, and/or foreign
voltage) on UNE-P Line Splitting in response to trouble tickets initiated by CLEC.
When trouble tickets are initiated by CLEC, and such trouble is not an electrical
fault (e.g. opens, shorts, and/or foreign voltage) in Qwest’s network, Qwest will
assess the Customer of record the TIC Charge.
9.21.6.3.4 When trouble reported by the Customer of record is not isolated
or identified by tests for electrical faults (e.g. opens, shorts, and/or foreign
voltage), Qwest may perform additional testing at the request of the Customer of
record on a case-by-case basis. The Customer of record may request that
Qwest perform additional testing and Qwest may decide not to perform
requested testing where it believes, in good faith, that additional testing is
unnecessary because the test requested has already been performed or
otherwise duplicates the results of a previously performed test. In this case,
Qwest will provide the Customer of record with the relevant test results on a
case-by-case basis. If this additional testing uncovers electrical fault trouble (e.g.
opens, shorts, and/or foreign voltage) in the portion of the network for which
Qwest is responsible, the Customer of record will not be charged by Qwest for
the testing. If this additional testing uncovers a problem in the portion of the
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network for which CLEC/DLEC is responsible, Qwest will assess the appropriate
Miscellaneous Charge to the Customer of record
9.21.6.4 When POTS Splitters are installed in Qwest Wire Centers via Common
Area Splitter Collocation, CLEC/DLEC will order and install additional Splitter cards as
necessary to increase the capacity of the POTS Splitters. CLEC/DLEC will leave one
unused, spare Splitter card in every shelf to be used for repair and maintenance until
such time as the card must be used to fill the shelf to capacity.
9.21.6.5 When POTS Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC/DLEC may install test access equipment in its
Collocation areas in those Wire Centers for the purpose of testing UNE-P Line Splitting.
This equipment must meet the requirements for Central Office equipment set by the
FCC.
9.21.6.6 Qwest, CLEC and DLEC will work together to address End User initiated
repair requests and to prevent adverse impacts to the End User.
9.21.7 Customer of Record and Authorized Agents
9.21.7.1 "Customer of record" is defined for purposes of this section as the CLEC
that is the billed Customer for Line Splitting. The Customer of record may designate an
authorized agent pursuant to the terms of sections 9.21.7.2 and 9.21.7.3 to perform
ordering and/or Maintenance and Repair functions.
9.21.7.2 In order for the authorized agent of the Customer of record to perform
ordering and/or Maintenance and Repair functions, the Customer of record must provide
its authorized agent the necessary access and security devices, including but not limited
to user identifications, digital certificates and SecurID cards, that will allow the authorized
agent to access the records of the Customer of record. Such access will be managed by
the Customer of record.
9.21.7.3 The Customer of record shall hold Qwest harmless with regard to any
harm to Customer of record as a direct and proximate result of the acts or omissions of
the authorized agent of the Customer of record or any other person who has obtained
from the Customer of record the necessary access and security devices through the
Customer of record, including but not limited to user identifications, digital certificates
and SecurID cards, that allow such person to access the records of the Customer of
record unless such access and security devices were wrongfully obtained by such
person through the willful or negligent behavior of Qwest.
9.22 Reserved for Future Use
9.23 Unbundled Network Elements Combinations (UNE Combinations)
9.23.1 General Terms
9.23.1.1 Qwest shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements including but not limited to the UNE-
Platform (UNE-P) and Enhanced Extended Loop (EEL), according to the following terms
and conditions.
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9.23.1.2 Qwest will offer to CLEC UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. Qwest will make
available any other form of access requested by CLEC that is consistent with the Act
and the regulations thereunder. CLEC shall be entitled to access to all combinations
functionality as provided in FCC rules and other Applicable Laws. Qwest shall not
require CLEC to access any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for technical feasibility
reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE
Combination(s) accessed by CLEC except as specified in this Agreement or required by
Existing Rules.
9.23.1.2.1 Changes in law, regulations or other "Existing Rules" relating to
UNEs and UNE Combinations, including additions and deletions of elements
Qwest is required to unbundled and/or provide in a UNE Combination, shall be
incorporated into this Agreement pursuant to Section 2.2. CLEC and Qwest
agree that the UNEs identified in Section 9 are not exclusive and that pursuant to
changes in FCC rules, state laws, or the Bona Fide Request process, CLEC may
identify and request that Qwest furnish additional or revised UNEs to the extent
required under Section 251(c)(3) of the Act and other Applicable Laws. Failure to
list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE
subsequently defined by the FCC or the state Commission.
9.23.1.2.2 In addition to the UNE Combinations provided by Qwest to
CLEC hereunder, Qwest shall permit CLEC to combine any UNE provided by
Qwest with another UNE provided by Qwest or with compatible network
components provided by CLEC or provided by third parties to CLEC in order to
provide Telecommunications Services. Where specifically prohibited by
applicable federal or state requirements, UNE Combinations will not be directly
connected to a Qwest Finished Service, whether found in a Tariff or otherwise,
without going through a Collocation, unless otherwise agreed to by the Parties.
Notwithstanding the foregoing, CLEC can connect its UNE Combination to
Qwest’s Directory Assistance and Operator Services platforms.
9.23.1.2.3 Where a CLEC has been denied access to a Loop as a UNE
due to lack of facilities, and where CLEC has requested and been denied the
construction of new facilities to provide such Loop, CLEC may connect a similar
bandwith tariffed service that it secures in lieu of that UNE to a transport UNE
that it has secured from Qwest. Before making such connection, CLEC shall
provide Qwest with evidence sufficient to demonstrate that it has fulfilled all of the
prior conditions of this provision. This provision shall be changed as may be
required to conform to the decisions of the FCC under any proceedings related to
the Public Notice referred to in document FCC 00-183.
9.23.1.3 When ordered as combinations of UNEs, Network Elements that are
currently combined and ordered together will not be physically disconnected or
separated in any fashion except for technical reasons or if requested by CLEC. Network
elements to be provisioned together shall be identified and ordered by CLEC as such.
When CLEC orders in combination UNEs that are currently interconnected and
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functional, such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
9.23.1.4 When ordered in combination, Qwest will combine for CLEC UNEs that
are ordinarily combined in Qwest’s network, provided that facilities are available.
9.23.1.5 When ordered in combination, Qwest will combine for CLEC UNEs that
are not ordinarily combined in Qwest’s network, provided that facilities are available and
such combination:
9.23.1.5.1 Is Technically Feasible;
9.23.1.5.2 Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest’s network; and
9.23.1.5.3 Would not impair Qwest’s use of its network.
9.23.1.6 When ordered in combination, Qwest will combine CLEC UNEs with
Qwest UNEs, provided that facilities are available and such combination:
9.23.1.6.1 Is Technically Feasible;
9.23.1.6.2 Shall be performed in a manner that provides Qwest access to
necessary facilities;
9.23.1.6.3 Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest’s network; and
9.23.1.6.4 Would not impair Qwest’s use of its network.
9.23.2 Description
UNE Combinations are available in, but not limited to, the following standard products: a) UNE-
P in the following form: (i) 1FR/1FB Plain Old Telephone Service (POTS), (ii) ISDN – either
Basic Rate or Primary Rate, (iii) Digital Switched Service (DSS), (iv) PBX Trunks, and (v)
Centrex; b) EEL (subject to the limitations set forth below). If CLEC desires access to a
different UNE Combination, CLEC may request access through the Special Request Process
set forth in this Agreement. Qwest will provision UNE Combinations pursuant to the terms of
this Agreement without requiring an amendment to this Agreement, provided that all UNEs
making up the UNE Combination are contained this Agreement. If Qwest develops additional
UNE Combination products, CLEC can order such products without using the Special Request
Process, but CLEC may need to submit a New Customer Questionnaire amendment before
ordering such products.
9.23.3 Terms and Conditions
9.23.3.1 Qwest shall provide non-discriminatory access to UNE Combinations on
rates, terms and conditions that are non-discriminatory, just and reasonable. The quality
of a UNE Combination Qwest provides, as well as the access provided to that UNE
Combination, will be equal between all Carriers requesting access to that UNE
Combination; and, where Technically Feasible, the access and UNE Combination
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provided by Qwest will be provided in "substantially the same time and manner" to that
which Qwest provides to itself. In those situations where Qwest does not provide access
to UNE Combinations itself, Qwest will provide access in a manner that provides CLEC
with a meaningful opportunity to compete.
9.23.3.2 "UNE-P-POTS": 1FR/1FB lines are available to CLEC as a UNE
Combination. UNE-P POTS is comprised of the following Unbundled Network Elements:
Analog - 2 wire voice grade Loop, Analog Line Side Port and Shared Transport. All the
vertical Switch features that are Technically Feasible for POTS are available with UNE-
P-POTS. For complete descriptions please refer to the appropriate Unbundled Network
Elements in this Agreement.
9.23.3.3 "UNE-P-PBX": PBX Trunks are available to CLEC as a UNE
Combination. There are two (2) types of UNE-P-PBX: Analog Trunks and Direct Inward
Dialing (DID) Trunks. UNE-P-PBX is comprised of the following Unbundled Network
Elements: 2/4 Wire Analog Loop, Analog/DID Trunks, and Shared Transport. All the
vertical Switch features that are Technically Feasible for Analog and DID PBX Trunks
are available with UNE-P-PBX. For complete descriptions please refer to the
appropriate Unbundled Network Elements in this Agreement.
9.23.3.4 "UNE-P-DSS": Digital Switched Service (DSS) is available to CLEC as a
UNE Combination. UNE-P-DSS is comprised of the following Unbundled Network
Elements: DS1 Capable Loop, Digital Line-Side Port and Shared Transport. All the
vertical Switch features that are Technically Feasible for Digital Switched Service are
available with UNE-P-DSS. For complete descriptions please refer to the appropriate
Unbundled Network Elements in this Agreement.
9.23.3.5 "UNE-P-ISDN": ISDN lines are available to CLEC as a UNE
Combination. All the vertical Switch features that are Technically Feasible for ISDN are
available with UNE-P-ISDN. There are two types of UNE-P-ISDN:
a) Basic rate (UNE-P-ISDN-BRI) is comprised of the following Unbundled
Network Elements: Basic ISDN Capable Loop, BRI Line Side Port and Shared
Transport; and
b) Primary rate (UNE-P-ISDN-PRI) – UNE-P-ISDN-PRI is comprised of
the following Unbundled Network Elements: Basic ISDN Capable Loop, Digital
Line Side Port and Shared Transport.
For complete descriptions please refer to the appropriate Unbundled Network Elements
in this Agreement.
9.23.3.6 UNE-P-Centrex: – Centrex Service is available to CLEC as a UNE
Combination. Centrex is comprised of the following Unbundled Network Elements:
Analog - 2 wire voice grade Loop, Analog Line Side Port, and Shared Transport. All the
vertical Switch features that are Technically Feasible for Centrex service are available
with UNE-P-Centrex.
9.23.3.6.1 CLEC may also request a service change from Centrex 21,
Centrex Plus or Centron service to UNE-P-POTS. The UNE-P-POTS line will
contain the UNEs established in Section 9.23.3.2 of this Agreement.
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9.23.3.6.2 Qwest will provide access to Customer Management System
(CMS) with UNE-P-Centrex.
9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a Qwest-provided combination
of Loop and dedicated interoffice transport and may also include multiplexing or
concentration capabilities. EEL transport and Loop facilities may utilize DS0 through
OC-192 or other existing bandwidths. In addition, DS0, DS1 and DS3 bandwidths are
defined products. Other existing bandwidths can be ordered through the Special
Request Process set forth in Exhibit F. Qwest has two EEL options: "EEL-Conversion"
(EEL-C) and "EEL-Provision" (EEL-P).
9.23.3.7.1 Unless CLEC is specifically granted a waiver from the FCC
which provides otherwise, and the terms and conditions of the FCC waiver apply
to CLEC’s request for a particular EEL, CLEC cannot utilize combinations of
Unbundled Network Elements that include Unbundled Loop and unbundled
interoffice dedicated transport to create a UNE Combination unless CLEC
establishes to Qwest that it is using the combination of Network Elements to
provide a significant amount of local exchange traffic to a particular End User
Customer. The significant amount of local use requirement does not apply to
combinations of Loop and multiplexing when the high side of the multiplexer is
connected via an ITP for CLEC’s Collocation.
9.23.3.7.2 To establish that an EEL is carrying a "Significant Amount of
Local Exchange Traffic," one of the following three (3) local service options must
exist:
9.23.3.7.2.1 Option 1: CLEC must certify to Qwest that it is the
exclusive provider of an End User Customer’s Local Exchange Service
and that the Loop transport combination originates at a Customer’s
premises and that it terminates at CLEC’s Collocation arrangement in at
least one Qwest Central Office. This condition, or option, does not allow
Loop-transport combinations to be connected to Qwest’s Tariffed
services.
9.23.3.7.2.2 Option 2: CLEC must certify that it provides local
exchange and Exchange Access service to the End User Customer’s
premises and handles at least one-third (1/3) of the End User Customer’s
local traffic measured as a percent of total End User Customer local dial
tone lines; and for DS1 level circuits and above, at least fifty percent
(50%) of the activated channels on the Loop portion of the Loop and
transport combination have at least five percent (5%) local voice traffic
individually; and the entire Loop facility has at least ten percent (10%)
local voice traffic; and the Loop/transport combination originates at a
Customer’s premises and terminates at CLEC’s Collocation arrangement
in at least one Qwest Central Office; and if a Loop/transport combination
includes multiplexing, each of the multiplexed facilities must meet the
above criteria outlined in this paragraph. (For example, if DS1 Loops are
multiplexed onto DS3 transport, each of the individual DS1 facilities must
meet the criteria outlined in this paragraph in order for the DS1/DS3
Loop/transport combination to qualify for UNE treatment). This condition,
or option, does not allow Loop-transport combinations to be connected to
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Qwest’s Tariffed services.
9.23.3.7.2.3 Option 3: CLEC must certify that at least fifty
percent (50%) of the activated channels on a circuit are used to provide
originating and terminating local dial tone service and at least fifty percent
(50%) of the traffic on each of these local dial tone channels is local voice
traffic; and the entire Loop facility has at least thirty-three percent (33%)
local voice traffic; and if a Loop/transport combination includes
multiplexing, each of the multiplexed facilities must meet the above
criteria. For example, if DS1 Loops are multiplexed onto DS3 transport,
each of the individual DS1 facilities must meet the criteria as outlined in
this paragraph in order for the DS1/DS3 Loop/transport combination to
qualify for UNE treatment. This condition, or option, does not allow Loop-
transport combinations to be connected to Qwest’s Tariffed services.
Under this option, Collocation is not required. Under this option, CLEC
does not need to provide a defined portion of the End User Customer’s
local service, but the active channels on any Loop-transport
combinations, and the entire facility, must carry the amount of local
exchange traffic specified in this option.
9.23.3.7.2.4 When CLEC certifies to Qwest through a
certification letter, or other mutually agreed upon solution, that the
combination of elements is carrying a "Significant Amount of Local
Exchange" Traffic, then Qwest will provision the EEL or convert the
Special Access circuit to an EEL-C. For each EEL or Special Access
circuit, CLEC shall indicate in the certification letter under which local
usage option, set forth in paragraph 9.23.3.7.2.1, 9.23.3.7.2.2 or
9.23.3.7.2.3, it seeks to qualify the circuit.
9.23.3.7.2.5 CLEC’s local service certification shall remain valid
only so long as CLEC continues to satisfy one (1) of the three (3) options
set forth in Section 9.23.3.7.2 of this Agreement. CLEC must provide a
service order converting the EEL to Private Line/Special Access Circuit to
Qwest within thirty (30) days if CLEC’s certification on a given circuit is no
longer valid.
9.23.3.7.2.6 In order to confirm reasonable compliance with
these requirements, Qwest may perform audits of CLEC’s records
according to the following guidelines:
a) Qwest may, upon thirty (30) days written notice to a CLEC
that has purchased Loop/transport combinations as UNEs,
conduct an audit to ascertain whether those Loop/transport
combinations were eligible for UNE treatment at the time of
conversion and on an ongoing basis thereafter.
b) CLEC shall make reasonable efforts to cooperate with any
audit by Qwest and shall provide Qwest with relevant records
(e.g., network and circuit configuration data, local telephone
numbers) which demonstrate that CLEC’s Unbundled Loop
transport combination is configured to provide Local Exchange
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Service in accordance with its certification.
c) An independent auditor hired and paid for by Qwest shall
perform any audits, provided, however, that if an audit reveals that
CLEC’s EEL circuit(s) do not meet or have not met the certification
requirements, then CLEC shall reimburse Qwest for the cost of
the audit.
d) An audit shall be performed using industry audit standards
during normal business hours, unless there is a mutual agreement
otherwise.
e) Qwest shall not exercise its audit rights with respect to a
particular CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If an audit
does find non-compliance, Qwest shall not exercise its audit rights
for sixty (60) days following that audit, and if any subsequent audit
does not find non-compliance, then Qwest shall not exercise its
audit rights for the remainder of the calendar year.
f) At the same time that Qwest provides notice of an audit to
CLEC under this paragraph, Qwest shall send a copy of the notice
to the Federal Communications Commission.
g) Audits conducted by Qwest for the purpose of determining
compliance with certification criteria shall not effect or in any way
limit any audit rights that Qwest may have pursuant to an
Interconnection agreement between CLEC and Qwest.
h) Qwest shall not use any other audit rights it may have
pursuant to an Interconnection agreement between CLEC and
Qwest to audit for compliance with the local exchange traffic
requirements of Section 9.23.3.7.2. Qwest shall not require an
audit as a prior prerequisite to Provisioning EELs.
i) CLEC shall maintain appropriate records to support its
certification. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
9.23.3.7.2.7 Qwest will not provision EEL or convert Private
Line/Special Access to an EEL if Qwest records indicate that the Private
Line/Special Access is or the EEL will be connected directly to a Tariffed
service or if, in options 1 and 2 above, the EEL would not terminate at
CLEC’s Collocation arrangement in at least one Qwest Central Office.
9.23.3.7.2.8 If an audit demonstrates that an EEL does not meet
the local use requirements of Section 9.23.3.7.2 on average for two (2)
consecutive months for which data is available, then the EEL shall be
converted to special access or private line rates within thirty (30) days.
9.23.3.7.2.9 If CLEC learns for any reason that an EEL does not
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meet the local use requirements of Section 9.23.3.7.2, then the EEL shall
be converted to special access or private line rates within thirty (30) days.
CLEC has no ongoing duty to monitor EELs to verify that they continue to
satisfy the local use requirements of Section 9.23.3.7.2, except that if any
service order activity occurs relating to an EEL, then CLEC must verify
that the EEL continues to satisfy the local use requirements of Section
9.23.3.7.2. Any disputes regarding whether an EEL meets the local use
requirements shall be handled pursuant to the dispute resolution
provisions of this Agreement. While a dispute is pending resolution, the
status quo will be maintained and the EEL will not be converted to special
access or private line rates
9.23.3.7.2.10 No private line or other Unbundled Loop shall be
available for conversion into an EEL or be combined with other elements
to create an EEL if it utilizes shared use Billing, commonly referred to as
ratcheting. Any change to a private line or other Unbundled Loop
including changes to eliminate shared use Billing for any or all circuits,
prior to conversion of those circuits to EEL shall be conducted pursuant to
the processes, procedures, and terms pursuant to which such private line
or Loop was provisioned. Any appropriate charges from such processes,
procedures, and terms shall apply (sometimes referred to as "grooming
charges").
9.23.3.7.2.11 EEL-C is the conversion of an existing Private
Line/Special Access service to a combination of Loop and transport
UNEs. Retail and/or resale private line circuits (including multiplexing and
concentration) may be converted to EEL-C if the conversion is
Technically Feasible and they meet the terms of this Section 9.23.3.7.
Qwest will make EEL-Conversion Combinations available to CLEC upon
request. Qwest will provide CLEC with access to EEL-Conversion
Combinations according to the standard intervals set forth in Exhibit C.
9.23.3.7.2.11.1 CLEC must utilize EEL-C to provide a
significant amount of Local Exchange Service in accordance with
the three options listed under Section 9.23.3.7.2.
9.23.3.7.2.12 EEL-P – EEL-P is a combination of Loop and
dedicated interoffice transport used for the purpose of connecting an End
User Customer to a CLEC Switch. EEL-P is a new installation of circuits
for the purpose of CLEC providing services to End User Customers.
9.23.3.7.2.12.1 Terms and Conditions
9.23.3.7.2.12.2 CLEC must utilize EEL-P to provide a
significant amount of Local Exchange Service to each End User
Customer served in accordance with the three options listed under
Section 9.23.3.7.2.
9.23.3.7.2.12.3 One end of the interoffice facility must
originate at a CLEC Collocation in a Wire Center other than the
Serving Wire Center of the Loop.
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9.23.3.7.2.12.4 EEL combinations may consist of Loops
and interoffice transport of the same bandwidth (Point-to-Point
EEL). When multiplexing is requested, EEL may consist of Loops
and interoffice transport of different bandwidths (Multiplexed EEL).
CLEC may also order combinations of interoffice transport,
concentration capability and DS0 Loops.
9.23.3.7.2.12.5 When concentration capability is
requested, CLEC will purchase the appropriate concentration
equipment and provide it to Qwest for installation in the Wire
Center.
9.23.3.7.2.12.6 Installation intervals are set forth in Exhibit
C and are equivalent to the respective Private Line Transport
Service on the following web-site address:
http://www.qwest.com/carrier/guides/sig/index.html.
9.23.3.7.2.12.7 Concentration capability installation
intervals will be offered at an ICB.
9.23.3.7.2.12.8 EEL-P is available only where existing
facilities are available.
9.23.3.8 Ordering
9.23.3.8.1 Reserved for Future Use.
9.23.3.8.2 CLEC will submit EEL orders using the LSR process.
9.23.3.8.3 Qwest will install the appropriate Channel Card based on the
DS0 EEL Link LSR order and apply the charges.
9.23.3.8.4 Requests for Concentration will be submitted using the Virtual
Collocation process. Virtual Collocation intervals will be adhered to.
9.23.3.8.5 One LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL, EEL Transport and EEL Links must be ordered on separate
LSRs.
9.23.3.9 Rate Elements
9.23.3.9.1 EEL Link. The EEL Link is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Link is
available in DS0, DS1 and DS3 and higher bandwidths as they become
available. Recurring and nonrecurring charges apply.
9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated
interoffice facilities between Qwest Wire Centers. EEL Transport is available in
DS0, DS1, DS3, OC3, OC12 and higher bandwidths as they become available.
Recurring and nonrecurring charges apply.
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9.23.3.9.3 EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DS0 configurations. All other multiplexing arrangements will be ICB.
EEL multiplexing is ordered with EEL Transport or Unbundled Loop. Recurring
and nonrecurring charges set forth in Exhibit A apply.
9.23.3.9.4 DS0 Low Side Channelization and DS0 MUX Low Side
Channelization. EEL DS0 Channel Cards are required for each DS0 EEL Link or
DS0 Unbundled Loop connected to a 1/0 EEL Multiplexer. Channel Cards are
available for analog Loop Start, Ground Start, Reverse Battery and No Signaling.
9.23.3.9.5 Concentration Capability. Concentration Capability rates will be
provided as an ICB. Cost recovery includes, but is not limited to, space
preparation and space lease, equipment installation, cabling and associated
terminations and structure installation, personnel training (if required) and
delivery of required power. Recurring and nonrecurring charges apply.
9.23.3.10 CLEC may request access to and, where appropriate, development of,
additional UNE Combinations. For UNEs Qwest currently combines in its network CLEC
can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that Qwest
does not currently combine, CLEC must use the Bona Fide Request Process (BFR). In
its BFR or SRP request, CLEC must identify the specific combination of UNEs,
identifying each individual UNE by name as described in this Agreement.
9.23.3.11 The following terms and conditions are available for all types of UNE-P:
9.23.3.11.1 UNE-P will include the capability to access long distance service
(InterLATA and IntraLATA) of CLEC’s Customer’s choice on a 2-PIC basis,
access to 911 Emergency Services, capability to access CLEC’s Operator
Services platform, capability to access CLEC’s Directory Assistance platform and
Qwest customized routing service; and, if desired by CLEC, access to Qwest
Operator Services and Directory Assistance Service.
9.23.3.11.2 If Qwest provides and CLEC accepts operator services,
directory assistance, and IntraLATA long distance as a part of the basic
exchange line, it will be offered with standard Qwest branding. CLEC is not
permitted to alter the branding of these services in any manner when the
services are a part of the UNE-P line without the prior written approval of Qwest.
However, at the request of CLEC and where Technically Feasible, Qwest will
rebrand operator services and directory assistance in CLEC’s name, in CLEC’s
choice of name, or in no name in accordance with terms and conditions set forth
in this Agreement.
9.23.3.11.3 CLEC may order Customized Routing in conjunction with UNE-P
for alternative operator service and/or directory assistance platforms. CLEC shall
be responsible to combine UNE-P with all components and requirements
associated with Customized Routing needed to utilize related functionality. For a
complete description of Customized Routing, refer to that Section of this
Agreement.
9.23.3.11.4 Qwest shall provide to CLEC, for CLEC’s End User Customers,
E911/911 call routing to the appropriate Public Safety Answering Point (PSAP).
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Qwest shall not be responsible for any failure of CLEC to provide accurate End
User Customer information for listings in any databases in which Qwest is
required to retain and/or maintain End User Customer information. Qwest shall
provide CLEC’s End User Customer information to the ALI/DMS (Automatic
Location Identification/Database Management System). Qwest shall use its
standard process to update and maintain, on the same schedule that it uses for
its End User Customers, CLEC’s End User Customer service information in the
ALI/DMS used to support E911/911 services. Qwest assumes no liability for the
accuracy of information provided by CLEC.
9.23.3.11.5 CLEC shall designate the Primary Interexchange Carrier (PIC)
assignments on behalf of its End User Customers for InterLATA and IntraLATA
services. CLEC shall follow all Applicable Laws, rules and regulations with
respect to PIC changes and Qwest shall disclaim any liability for CLEC’s
improper PIC change requests.
9.23.3.11.6 Feature and InterLATA or IntraLATA PIC changes or additions
for UNE-P, will be processed concurrently with the UNE-P order as specified by
CLEC.
9.23.3.11.7 CLEC may order new or retain existing Qwest DSL service on
behalf of End User Customers when utilizing UNE-P-POTS, UNE-P-Centrex, and
UNE-P-PBX (analog, non-DID trunks only) combinations, where Technically
Feasible. The price for Qwest DSL provided with UNE-P combinations is
included in Exhibit A to this Agreement. Qwest DSL service provided to internet
service providers and not provided directly to Qwest or CLEC's End Users is not
available with UNE-P combinations.
9.23.3.12 If CLEC is obtaining services from Qwest under an arrangement or
agreement that includes the application of termination liability assessment (TLA) or
minimum period charges, and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services will not be delayed due to the
applicability of TLA or minimum period charges. The applicability of such charges is
governed by the terms of the original agreement, Tariff or arrangement. Qwest will
waive any TLA charge otherwise applicable under the agreement or Tariff election by
which a CLEC ordered or augmented a special access circuit under interstate Tariff
between February 17, 2000 and May 16, 2001, provided that CLEC identifies and
communicates in writing to Qwest on or before November 30, 2001 each circuit it
believes to qualify hereunder. Nothing herein shall be construed as expanding the rights
otherwise granted by this Agreement or by law to elect to make such conversions.
9.23.3.13 For installation of new UNE Combinations, CLEC will not be assessed
UNE rates for UNEs ordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination, unless a UNE is not
available until a later time and CLEC elects to have Qwest provision the other elements
before all elements are available. For conversions of existing resale services to UNE-P
Combinations, CLEC will be billed at the UNE-P rate, and Billing at the resold rate will
cease, on the Due Date scheduled for the conversion, so long as the Due Date of the
conversion was a standard or longer interval, unless CLEC has caused or requested a
delay of the conversion.
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9.23.3.14 Reserved for Future Use.
9.23.3.15 When End User Customers switch from Qwest to CLEC, or to CLEC
from any other competitor and is obtaining service through a UNE Combination, such
End User Customers shall be permitted to retain their current telephone numbers if they
so desire.
9.23.3.16 In the event Qwest terminates the Provisioning of any UNE Combination
service to CLEC for any reason, CLEC shall be responsible for providing any and all
necessary notice to its End User Customers of the termination. In no case shall Qwest
be responsible for providing such notice to CLEC’s End User Customers. Qwest shall
only be required to notify CLEC of Qwest’s termination of the UNE Combination service
on a timely basis consistent with Commission rules and notice requirements.
9.23.3.17 CLEC, or CLEC’s agent, shall act as the single point of contact for its
End User Customers’ service needs, including without limitation, sales, service design,
order taking, Provisioning, change orders, training, maintenance, trouble reports, repair,
post-sale servicing, Billing, collection and inquiry. CLEC shall inform its End User
Customers that they are End User Customers of CLEC. CLEC’s’ End User Customers
contacting Qwest will be instructed to contact CLEC, and Qwest’s End User Customers
contacting CLEC will be instructed to contact Qwest. In responding to calls, neither
Party shall make disparaging remarks about each other. To the extent the correct
provider can be determined, misdirected calls received by either Party will be referred to
the proper provider of Local Exchange Service; however, nothing in this Agreement shall
be deemed to prohibit Qwest or CLEC from discussing its products and services with
CLEC’s or Qwest’s End User Customers who call the other Party seeking such
information.
9.23.3.18 Reserved for Future Use.
9.23.4 Rates and Charges
9.23.4.1 The rates and charges for the individual Unbundled Network Elements
that comprise UNE Combinations are contained in Exhibit A for both recurring and
nonrecurring application.
9.23.4.1.1 Recurring monthly charges for each Unbundled Network Element
that comprise the UNE Combination shall apply when a UNE Combination is
ordered. The recurring monthly charges for each UNE, including but not limited
to, Unbundled 2-wire Analog Loop, Analog Line Side Port and Shared Transport,
are contained in Exhibit A.
9.23.4.1.2 Nonrecurring charges, if any, will apply based upon the cost to
Qwest of Provisioning the UNE Combination and providing access to the UNE
Combination. These nonrecurring charges, if any, are described in Exhibit A.
9.23.4.2 If the Commission takes any action to adjust the rates previously
ordered, Qwest will make a compliance filing to incorporate the adjusted rates into
Exhibit A. Upon the compliance filing by Qwest, the Parties will abide by the adjusted
rates on a going-forward basis, or as ordered by the Commission.
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9.23.4.3 CLEC shall be responsible for Billing its End User Customers served
over UNE Combinations for all Miscellaneous Charges and surcharges required of
CLEC by statute, regulation or otherwise required.
9.23.4.4 CLEC shall pay Qwest the PIC change charge associated with CLEC
End User Customers changes of InterLATA or IntraLATA Carriers. Any change in
CLEC’s End User Customers’ InterLATA or IntraLATA Carrier must be requested by
CLEC on behalf of its End User Customers.
9.23.4.5 If an End User Customer is served by CLEC through a UNE
Combination, Qwest will not charge, assess, or collect Switched Access charges for
InterLATA or IntraLATA calls originating or terminating from that End User Customer’s
phone after conversion to a UNE Combination is complete.
9.23.4.6 Qwest shall have a reasonable amount of time to implement system or
other changes necessary to bill CLEC for Commission-ordered rates or charges
associated with UNE Combinations.
9.23.5 Ordering Process
9.23.5.1 Most UNE Combinations and associated products and services are
ordered via an LSR. Ordering processes are contained in this Agreement and in the
PCAT. The following is a high-level description of the ordering process:
9.23.5.1.1 Reserved for Future Use.
9.23.5.1.2 Reserved for Future Use.
9.23.5.1.3 Step 1: Complete product questionnaire with account team
representative.
9.23.5.1.4 Step 2: Obtain Billing Account Number (BAN) through account
team representative.
9.23.5.1.5 Step 3: Allow two to three (2-3) weeks from Qwest’s receipt of a
completed questionnaire for accurate loading of UNE Combination rates to the
Qwest Billing system.
9.23.5.1.6 Step 4: After account team notification, place UNE Combination
orders via an LSR or ASR as appropriate.
9.23.5.1.7 Additional information regarding the ordering processes are
located at: http://www.qwest.com/wholesale/solutions/clecFacility/une_p_c.html
9.23.5.2 Prior to placing an order on behalf of each End User Customer, CLEC
shall be responsible for obtaining and have in its possession a Proof of Authorization as
set forth in this Agreement.
9.23.5.3 Standard service intervals for each UNE Combination are set forth in
Exhibit C. For UNE Combinations with appropriate retail analogues, CLEC and Qwest
will use the standard Provisioning interval for the equivalent retail service. CLEC and
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Qwest can separately agree to Due Dates other than the standard interval.
9.23.5.4 Due date intervals are established when Qwest receives a complete and
accurate Local Service Request (LSR) or ASR made through the IMA, EDI or Exact
interfaces or through facsimile. For UNE-P-POTS, UNE-P-Centrex, and UNE-P-ISDN-
BRI, the date the LSR or ASR is received is considered the start of the service interval if
the order is received on a business day prior to 7:00 p.m. For UNE-P-POTS, UNE-P-
Centrex, and UNE-P-ISDN-BRI, the service interval will begin on the next business day
for service requests received on a non-business day or after 7:00 p.m. on a business
day. For UNE-P-DSS, UNE-P-ISDN-PRI, UNE-P-PBX, EEL, and all other UNE
Combinations, the date the LSR or ASR is received is considered the start of the service
interval if the order is received on a business day prior to 3:00 p.m. For UNE-P-DSS,
UNE-P-ISDN-PRI, UNE-P-PBX, EEL, and all other UNE Combinations, 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.
9.23.5.5 The Parties’ obligations and responsibilities for providing and maintaining
End User Customer listings information are contained in the Listings and E911/911
Emergency Services sections of this Agreement. Nevertheless, to the extent that the
option is available to CLEC to specify that the End User Customer’s existing listing(s) be
retained upon conversion to Unbundled Local Switching elements or UNE-P
Combinations, Qwest shall be responsible for ensuring that the End User Customer’s
listing(s) is retained "as is" in Qwest’s listings data bases.
9.23.5.6 When Qwest’s End User Customer or the End User Customer’s New
Service Provider orders the discontinuance of the End User Customer’s existing service
in anticipation of moving to another service provider, Qwest will render its closing bill to
the End User Customer effective with the disconnection. If Qwest is not the local service
provider, Qwest will issue a bill to CLEC for that portion of the service provided to CLEC
should CLEC’s End User Customer, a New Service Provider, or CLEC request service
be discontinued to the End User Customer. Qwest will notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End User Customer moves to
another service provider. Qwest shall not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End User Customer.
9.23.5.7 For UNE Combinations, CLEC shall provide Qwest and Qwest shall
provide CLEC with points of contact for order entry, problem resolution, repair, and in the
event special attention is required on service request.
9.23.6 Billing
9.23.6.1 Qwest shall provide CLEC, on a monthly basis, within seven to ten (7-
10) calendar 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 Customers sub-account information consistent with the samples
available for CLEC review.
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9.23.7 Maintenance and Repair
9.23.7.1 Qwest will maintain facilities and equipment that comprise the service
provided to CLEC as a UNE Combination. CLEC or its End User Customers may not
rearrange, move, disconnect or attempt to repair Qwest facilities or equipment, other
than by connection or disconnection to any interface between Qwest and the End User
Customer, without the written consent of Qwest.
9.24 Loop Splitting
9.24.1 Description
Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice over an existing Unbundled Loop by using the frequency range above
the voice band on the copper Loop. The advanced data service may be provided by the
Customer of record or another data service provider chosen by the Customer of record. The
POTS Splitter separates the voice and data traffic and allows the copper Loop to be used for
simultaneous DLEC data transmission and CLEC provided voice service to the end user.
"CLEC" will herein be referred to as the voice service provider while "DLEC" will be referred to
as the advanced data service provider. CLEC and DLEC may be the same entity. Only one (1)
Customer of record determined by the CLEC/DLEC partnership will be identified to Qwest.
9.24.1.1 With regard to Qwest current requirement that Loop Splitting be offered
over an existing Unbundled Loop, Qwest acknowledges that there are ongoing industry
discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop. If
as a result of those discussions, a process is developed for Loop Splitting over a new
Loop, Qwest will amend its Agreement to eliminate the limitation of Loop Splitting to
existing Unbundled Loops.
9.24.2 Terms and Conditions
9.24.2.1 General
9.24.2.1.1 Qwest is not responsible for providing the Splitter, filter(s) and/or
other equipment necessary for the End User to receive separate voice and data
service across a single copper Loop.
9.24.2.1.2 To order Loop Splitting, CLEC/DLEC must have a POTS Splitter
installed in the Qwest Wire Center that serves the End User. The POTS Splitter
must meet the requirements for Central Office equipment Collocation set by the
FCC or be compliant with ANSI T1.413.
9.24.2.1.3 There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
9.24.2.1.4 If Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 2/4 wire non-loaded Loop or ADSL compatible Loop.
9.24.2.1.4.1 The Customer of record will be able to request
conditioning of the Unbundled Loop. Qwest will perform requested
conditioning of Unbundled Loops to remove load coils and excess
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Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2 of this Agreement.
9.24.2.1.4.2 If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it is
unacceptable to CLEC, Customer of record shall pay to convert back to
an analog Loop.
9.24.2.1.5 POTS Splitters may be installed in Qwest Wire Centers in either
of the following ways at the discretion of CLEC/DLEC: (a) via the standard
Collocation arrangements set forth in the Collocation Section; or (b) via Common
Area Splitter Collocation as set forth in the Line Sharing Section of this
Agreement. Under either option, POTS Splitters will be appropriately hard-wired
or pre-wired so that points of termination are kept to a minimum. For Loop
Splitting, Qwest shall use the same length of tie pairs as it uses for Line Sharing,
except for the additional CLEC to CLEC connection, which is not required for
Line Sharing.
9.24.2.1.6 POTS Splitter Collocation requirements are covered in the Line
Sharing Section of this Agreement.
9.24.3 Rate Elements
The following Loop Splitting rate elements are contained in Exhibit A of this Agreement.
9.24.3.1 Recurring Rates for Loop Splitting.
9.24.3.1.1 Interconnection TIE Pairs (ITP)- A monthly recurring charge to
recover the costs associated with the use of ITPs.
9.24.3.1.2 OSS Charge – A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Unbundled Loop.
9.24.3.2 Nonrecurring Rates for the Loop Splitting
9.24.3.2.1 Basic Installation Charge for Loop Splitting – A nonrecurring
charge for Loop Splitting installed will apply.
9.24.3.3 Nonrecurring Rates for Maintenance and Repair
9.24.3.3.1 Trouble Isolation Charge – A nonrecurring charge for Trouble
isolation will be applied in accordance with the Support Functions – Maintenance
and Repair Section.
9.24.3.3.2 Additional Testing – The Customer of record may request Qwest
to perform additional testing, and Qwest may decide to perform the requested
testing on a case-by-case basis. A nonrecurring charge will apply in accordance
with Exhibit A.
9.24.3.4 Rates for POTS Splitter Collocation are included in Exhibit A of this
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Agreement.
9.24.3.5 All of these rates are interim and will be subject to true-up based on
either mutually agreed permanent rates or permanent rates established in a cost
proceeding conducted by the Commission. In the event interim rates are established by
the Commission before permanent rates are set, the interim rates set forth in Exhibit A
will be changed to reflect the interim rates set by the Commission; however, no true up
will be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
9.24.4 Ordering Process
9.24.4.1 Loop Splitting
9.24.4.1.1 As a part of the pre-order process, CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
the Support Functions Section. The Customer of record will determine, in its sole
discretion and at its risk, whether to add data services to any specific Unbundled
Loop.
9.24.4.1.2 The Customer of record will provide on the LSR, the appropriate
frame terminations that are dedicated to POTS Splitters. Qwest will administer
all cross connects/jumpers on the COSMIC/MDF and IDF.
9.24.4.1.3 Basic Installation "lift and lay" procedure will be used for all Loop
Splitting orders. Under this approach, a Qwest technician "lifts" the Loop from its
current termination in a Qwest Wire Center and "lays" it on a new termination
connecting to CLEC’s/DLEC’s collocated equipment in the same Wire Center.
9.24.4.1.4 The Customer of record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given Qwest Wire Center,
including, but not limited to, POTS Splitter installation and TIE Cable
reclassification or augmentation has been completed.
9.24.4.1.5 The Customer of record shall submit the appropriate LSR’s
associated with establishing Unbundled Loop and Loop Splitting.
9.24.4.1.6 If a Loop Splitting LSR is placed to change from Line Sharing to
Loop Splitting or to change the voice provider in an existing Loop Splitting
arrangement and the data provider does not change or move Splitter location,
the data service will not be interrupted.
9.24.5 Billing
9.24.5.1 Qwest shall provide a bill to the Customer of record, on a monthly basis,
within seven to ten (7-10) calendar days of the last day of the most recent Billing period,
in an agreed upon standard electronic Billing format.
9.24.5.2 Qwest shall bill the Customer of record for all recurring and nonrecurring
Loop Splitting rate elements.
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9.24.6 Repair and Maintenance
9.24.6.1 Qwest will allow CLEC/DLEC to access Loop Splitting at the point where
the combined voice and data Loop is cross connected to the POTS Splitter.
9.24.6.2 The Customer of record will be responsible for reporting to Qwest
service troubles provided over Loop Splitting. Qwest will be responsible to repair
troubles on the physical line between Network Interface Devices at the user premises
and the point of demarcation in Qwest Wire Centers. Qwest, CLEC and DLEC each will
be responsible for maintaining its equipment. The entity that controls the POTS Splitters
will be responsible for their maintenance.
9.24.6.3 Qwest, CLEC and DLEC will continue to develop repair and
maintenance procedures for Loop Splitting and agree to document final agreed to
procedures in a methods and procedures document that will be made available on
Qwest’s website.
9.24.7 Customer of Record and Authorized Agents
9.24.7.1 "Customer of Record" is defined for the purposes of this section as the
CLEC that is the billed Customer for Loop Splitting. The Customer of record may
designate an authorized agent pursuant to the terms of sections 9.24.7.2 and 9.24.7.3 to
perform ordering and/or Maintenance and Repair functions.
9.24.7.2 In order for the authorized agent of the Customer of record to perform
ordering and/or Maintenance and Repair functions, the Customer of record must provide
its authorized agent the necessary access and security devices, including but not limited
to user identifications, digital certificates and SecurID cards, that will allow the authorized
agent to access the records of the Customer of record. Such access will be managed by
the Customer of record.
9.24.7.3 The Customer of record shall hold Qwest harmless with regard to any
harm Customer of record receives as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of record or any other person who
has obtained from the Customer of record the necessary access and security devices,
including but not limited to user identifications, digital certificates and SecurID cards, that
allow such person to access the records of the Customer of record unless such access
and security devices were wrongfully obtained by such person through the willful or
negligent behavior of Qwest.
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Section 10.0 - Ancillary Services
10.1 Interim Number Portability
10.1.1 Description
10.1.1.1 Interim Number Portability (INP) service is an arrangement that allows
an End User Customer to retain its dialed telephone number when switching to another
service provider. INP service can be provided by Qwest to CLEC or by CLEC to Qwest.
For the purposes of this section, the Party porting traffic to the other Party shall be
referred to as the "INP Provider" and the Party receiving INP traffic for termination shall
be referred to as the "INP Requestor."
10.1.1.2 INP applies to those situations where an end user elects to transfer to a
new service provider and such end user also wishes to retain its existing telephone
number. INP consists of INP Provider’s provision to the INP Requestor the capability to
route calls placed to telephone numbers assigned to the INP Provider’s switches to the
INP Requestor’s switches. INP is available only for working telephone numbers
assigned to the INP Provider’s end users who request to transfer to the INP Requestor’s
service. Local Interconnect Service (LIS) is required for INP.
10.1.1.3 INP is available as INP-Remote Call Forwarding (INP-RCF), Direct
Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration.
DNRI is available as either direct to an end office or through a tandem, also referred to
as DNRI Tandem (RIPH) or portability hub. NXX Migration, or Local Exchange Routing
Guide Reassignment, reassigns the entire Central Office Code (NXX) to the CLEC
Switch if the code is used solely for one End User.
10.1.1.4 Remote Call Forwarding (RCF)
10.1.1.4.1 RCF permits a call to an INP Provider’s assigned telephone
number to be translated to the INP Requestor’s dialable local number. With the
RCF solution, a permanent RCF is established in Qwest’s Switch forwarding any
incoming call to the number assigned and maintained in the CLEC Switch.
10.1.1.4.2 INP via RCF also requires Office Equipment (OE), on a per
telephone number basis. The INP Requestor will need to provide a forecast of
deployment sites and estimated quantities of ported numbers to assist in an
assessment of available porting methods. Each request for INP via RCF will be
analyzed by the Infrastructure Availability Center, IAC, to determine if OE is
available.
10.1.1.5 Direct Inward Dialing (DID)
DID permits incoming calls to be ported to the INP Requestor's Switch via a DID trunk
configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffic
between Qwest’s End Office and CLEC’s Switch. The traffic on these trunks cannot
overflow to other trunks. In addition, inter-Switch signaling for DID is limited to multi-
frequency (MF). This precludes passing the Calling Line ID to the CLEC Switch. With
DID, because there is no SS7 capability, there are CLASS feature limitations. For DID,
the INP Provider will deliver the dialed telephone number to the INP requestor's central
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office.
10.1.1.6 Directory Number Route Indexing (DNRI)
DNRI permits incoming calls to be ported to the INP Requestor's Switch via a route
index. A permanent route index is assigned to the end user's ported number in the INP
Provider's Switch. The INP Provider will deliver the dialed seven digit telephone number
to the INP requestor’s central office. INP Requestor may terminate the call as desired.
Additional capacity for simultaneous call forwarding is available where technically
feasible. The INP Requestor will need to specify the number of simultaneous calls to be
forwarded for each number ported. DNRI tandem routing requires an additional thirty
(30) day lead time to establish technical requirements for routing the ported calls.
10.1.2 Terms and Conditions
10.1.2.1 Qwest and CLEC will provide INP service in a non-discriminatory
manner and with as little impairment of functioning, quality, reliability and convenience
as possible.
10.1.2.2 Qwest will coordinate INP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption.
10.1.2.3 The Parties shall provide INP on a reciprocal basis to each other to the
extent technically feasible, and in accordance with rules and regulations as, from time to
time, prescribed by the FCC and/or the Commission.
10.1.2.4 Until the long term number portability solution, referred to as Local
Number Portability (LNP), is implemented by the industry pursuant to regulations issued
by the FCC or the Commission, the Parties agree to provide INP to each other through
RCF, DID, DNRI and NXX migration. Local Interconnect Service (LIS) is required for
INP.
10.1.2.5 Once Local Number Portability has been implemented within a Wire
Center, INP will no longer be available for ordering within that Wire Center.
10.1.2.6 Upon LNP implementation, the INP offerings will be withdrawn subject to
advance notice to the other Party. Both Parties will conform to the Western Region LNP
Technical and Operations team guidelines and agreements for completion of INP to LNP
conversion activity.
10.1.2.7 The INP Requestor’s designated INP Switch must return answer and
disconnect supervision to the INP Provider’s Switch.
10.1.2.8 The INP Requestor will provide to the E911 database provider the
network telephone number that the INP Requestor assigned to the INP Provider-
assigned, ported telephone number. Updates to and maintenance of the INP
information to the E911 database are the responsibility of the INP Requestor. For
consistency in administration, the INP Requestor shall enter into a separate agreement
with the E911 database provider.
10.1.2.9 Qwest will update its Line Information Database (LIDB) listings for ported
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numbers as directed by CLEC. Qwest will restrict or cancel calling cards associated with
these ported numbers. LIDB updates shall be completed by the Parties on the same
business day each INP arrangement is activated.
10.1.2.10 An INP telephone number may be assigned by INP Requestor only to
the INP Requestor’s end users located within the INP Provider’s local calling area and
toll rating area that is associated with the NXX of the ported number.
10.1.2.11 INP is applicable only if the INP Requestor is engaged in a reciprocal
traffic exchange arrangement with the INP Provider.
10.1.2.12 Only the existing INP Provider assigned end user telephone number may
be used as a ported number for INP.
10.1.2.13 An INP telephone number must be active and assigned to an end user to
accommodate INP.
10.1.2.14 INP services shall not be re-sold, shared or assigned by either Party to
another LEC or CLEC.
10.1.2.15 INP is not offered for NXX Codes 555, 976, 960, and coin telephones,
and Service Access Codes (i.e., 500, 700, 8XX, 900). INP is not available for Feature
Group A seven-digit numbers, including Foreign Exchange. Furthermore, INP numbers
may not be used for mass calling events.
10.1.2.16 The ported telephone number will be returned to the Switch which
originally had the ported number when the end user disconnects service from the INP
Requestor. The INP Requestor shall not retain it and reassign it to another end user.
The normal intercept announcement will be provided by the INP Provider for the period
of time until the telephone number is reassigned by the INP Provider.
10.1.2.17 Forecasts for INP must be included in the forecasting process detailed in
Section 7 of this Agreement.
10.1.2.18 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to the CLEC Switch if the code is used
solely for one End User. Where one Party has activated an entire NXX for a single end
user, or activated a substantial portion of an NXX for a single end user with the
remaining numbers in that NXX either reserved for future use or otherwise unused, if
such end user chooses to receive service from the other Party, the first Party shall
cooperate with the second Party to have the entire NXX reassigned to an End Office
operated by the second Party through the NANP administrator. In addition, both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables, etc.). Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times (as identified in the LERG guidelines and the Central
Office Code Administration guidelines) for movement of NXXs from one Switch to
another. Other applications of NXX migration will be discussed by the Parties as
circumstances arise.
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10.1.3 Ordering
10.1.3.1 Both parties shall comply with ordering standards as developed by the
industry. INP service is ordered via a Local Service Request and associated Number
Portability forms. Specific details regarding the ordering of INP service is contained in
the PCAT.
10.1.3.2 CLEC may order INP service either manually or through an electronic
interface. The electronic gateway solution for ordering service is described in Section 12
of this Agreement.
10.1.3.3 Service intervals for INP are described below. These intervals apply
when facilities and network capacity is available. Where facilities or network capacity is
not available, intervals are on an Individual Case Basis (ICB). Orders received after
3:00 P.M. are considered the next business day. The following service intervals have
been established for interim number portability:
Number of Lines Interval
Simple (1FR/1FB)
1-49 lines 3 business days
50 or more lines ICB
Complex (PBX Trunks/ISDN)
1-8 lines or trunks 5 business days
9-16 lines or trunks 6 business days
17-24 lines or trunks 7 business days
25 or more lines or trunks ICB
Centrex
1-10 lines 5 business days
11-20 lines 10 business days
21 or more lines ICB
Out of Hours Conversions
Any quantity ICB
10.1.3.4 Qwest will provide FOCs to CLECs within a reasonable time, no later
than 48 hours after receipt of complete and accurate orders for Regular POTS or Simple
Business End Users. The FOC interval for all other complex orders will be within a
reasonable time, no later than 8 business days from receipt of complete and accurate
orders. The FOC for ICB orders will reflect an ICB FOC date.
10.1.3.5 For purposes of this Section, Qwest’s normal business hours are 7:00
a.m. to 7:00 p.m., local time, Monday through Friday. CLEC may also request a Frame
Due Time (FDT) of 5:00 a.m. as a normal business hour, Monday through Friday.
Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.m.
normal business hours shall be considered an out of hours cut.
10.1.3.6 CLEC shall request service within the normal business hours by
submitting a Local Service Request (LSR) and designating the requested Frame Due
Time. Requests for Frame Due Times within normal business hours will be proactively
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managed by Qwest to ensure that the Frame Due Time is met.
10.1.3.7 Out of Hours Cut
10.1.3.7.1 Out of hours cuts permit a CLEC to select either a coordinated
or non-coordinated cut for INP service outside of Qwest’s normal business hours.
For planning purposes, CLEC shall provide Qwest with a forecast of out of hours
coordinated cuts at least two weeks prior to a CLEC placing an order in a
particular state. Forecasts should include the anticipated Frame Due Times and
volumes to be ported out of hours.
10.1.3.7.2 CLEC shall request out of hours cuts by submitting a Local
Service Request (LSR) and designating the desired FDT outside of the normal
business hours. In the Remarks section of the LSR, CLEC must specify an Out
of Hours cut and the type of cut (coordinated or non-coordinated).
10.1.3.7.3 The date and time for the coordinated cut may need to be
negotiated between Qwest and CLEC because of system downtime, Switch
upgrades, Switch maintenance, and the possibility of other CLECs requesting the
same FDT in the same Switch (Switch contention). Because of this up-front
coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the
FDT will require additional time. In the event that this situation would occur,
Qwest will negotiate with CLEC to provide the FOC within a reasonable time
frame.
10.1.3.7.4 Non-Coordinated Out of Hours Cut
10.1.3.7.4.1 CLEC shall request out of hours non-coordinated
cuts by submitting a LSR and designating a 1:00 a.m. FDT (due date)
which is outside of the normal business hours. Non-coordinated cuts
allow CLEC to request a Qwest FDT of 1:00 a.m. where the actual cut
occurs between the hours of 1:00 a.m. and 7:00 a.m., with the cut
completed by 7:30 a.m. of that day (if the requested date is a business
day, or by 7:30 a.m. of the next business day).
10.1.3.7.4.2 Conversion desk activities and escalation processes
for non-coordinated out of hour cuts are accomplished during the
business day prior to the cut.
10.1.3.7.4.3 CLEC will not incur additional charges for non-
coordinated out of hours cuts.
10.1.3.7.5 Coordinated Out of Hours Cut
10.1.3.7.5.1 CLECs shall request a coordinated out of hours cut
by submitting a LSR and designating the requested FDT.
10.1.3.7.5.2 Out of hours coordinated cuts will be managed by a
Qwest project manager. Coordination of this effort requires an up-front
internal planning session. Any changes to the original FDT will be
negotiated with CLEC and will occur prior to issuing an FOC.
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10.1.3.7.5.3 CLEC will incur additional charges for coordinated
out of hours cuts.
10.1.3.8 End User Impacts
10.1.3.8.1 The INP Requestor is responsible for all dealings with and on
behalf of its end users, including all end user account activity (e.g., end user
inquiries and complaints).
10.1.3.8.2 Each Party is responsible for obtaining a Proof of Authorization
from its end users who request a transfer of the end user’s telephone number
from the other Party.
10.1.3.8.3 The INP Provider will work cooperatively with the INP Requestor
to ensure a smooth end user transition and to provide for coordination with other
facilities (e.g., Loops).
10.1.3.8.4 If an end user requests transfer of service from the INP
Requestor back to the INP Provider, the INP Provider may rely on that end user
request to institute cancellation of the INP service. The INP Provider will provide
at least 48 hours notice to the INP Requestor of the cancellation of INP service,
and will work cooperatively with the INP Requestor to ensure a smooth end user
transition and to provide for coordination with other facilities (e.g., Loops).
10.1.3.8.5 The INP Requestor will submit to the INP Provider a disconnect
order for each ported number that is relinquished by the INP Requestor’s end
users. Qwest will provide an electronic interface for the purpose of ordering INP
service. This interface may be accomplished by either a GUI (Graphical User
Interface) or EDI (Electronic Data Interchange).
10.1.4 Maintenance and Repair
10.1.4.1 CLEC is responsible for its own end users and will have the
responsibility for resolution of any service trouble report(s) from its end users. End user
customers of CLEC will be instructed to report all cases of trouble to their Service
Provider.
10.1.4.2 CLEC and Qwest will provide to their respective end user customers the
correct telephone numbers to call for access to their respective repair bureaus. CLEC
and Qwest will provide their repair contact numbers to one another on a reciprocal basis.
10.1.4.3 Qwest will work cooperatively with CLEC to resolve trouble reports when
the trouble condition has been isolated and found to be within a portion of the Qwest
network. Qwest will perform standard tests to isolate and repair the trouble. For INP
trouble reports, Qwest will not be responsible for testing the Unbundled Loop leased by
CLEC.
10.1.4.4 The trouble ticket will be closed by the functional group that corrected
the trouble. This group will also contact CLEC to inform them that the ticket has been
closed. Current trouble codes and analysis codes will be entered to the trouble ticket.
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10.1.5 Rate Elements
10.1.5.1 INP Rate Elements
In accordance with Commission requirements, Qwest recovers an appropriate allocation
of its INP costs through charges to CLEC for each NXX code assigned to a CLEC. Per
Commission Orders, a true-up will be completed semi-annually. The true-up is a
mechanism for readjusting the monthly charge based on forecasted quantities, to
account for actual quantities during the year. The Parties will comply with the FCC rules
and Commission decisions on cost recovery for interim number portability. Exhibit A of
this Agreement contains Interim Number Portability rates.
10.1.5.1.1 In accordance with Commission requirements, Qwest recovers
an appropriate allocation of its INP costs through charges to CLEC for each NXX
code assigned to a CLEC. Per Commission Orders, a true-up will be completed
semi-annually. The true-up is a mechanism for readjusting the monthly charge
based on forecasted quantities, to account for actual quantities during the year.
10.1.5.1.2 Charges for Coordinated Out of Hours Cuts. Charges for
coordinated out of hours cuts shall be based upon actual hours worked at
Qwest’s overtime rate, time and one-half rates for timeframes outside of Qwest’s
normal hours except for Sundays and Holidays. Charges for coordinated out of
hours cuts on Sundays and Holidays shall be based upon Qwest’s overtime
premium rate, which is double time. Overtime rates will be multiplied by the
number of Qwest personnel actively participating in the cut, multiplied by the
number of hours required for the cut. Exhibit A of this Agreement contains
overtime rates for coordinated out of hours cuts.
10.1.5.1.2.1 Qwest will schedule the appropriate number of
employees prior to the cut, based upon information provided by CLEC. If
such information requires modification during the cut and, as a result,
non-scheduled employees are required, CLEC shall be charged a four
hour minimum callout.
10.1.5.2 Switched Access Revenues. Qwest will comply with the FCC and
Commission rules regarding the sharing of terminating access revenues. Once the End
Office Switch is converted to long term number portability (LNP), CLEC has the ability to
directly bill the Interexchange Carrier, and no sharing of terminating access revenues is
required.
10.1.5.2.1 The Switched Access rate elements are identified in Qwest's
Switched Access Tariff.
10.1.5.2.2 Qwest will use ARMIS data to determine the average Minutes of
Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis.
10.1.5.2.3 The number of lines to be used in determining the amount of
terminating switched access will be extracted from the Qwest corporate data
warehouse once each month. This database contains billed information for
posted orders.
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10.1.5.2.4 The calculation of the terminating Switch access charges, along
with the appropriate data for the preceding month will be provided to CLEC to
support the payment. Qwest will pay the pass through amounts to CLEC within
one month. Disputes will be processed as though this credited amount were a
billed amount under this Agreement.
10.2 Local Number Portability
10.2.1 Description
10.2.1.1 Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain, at the same location, existing
telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another.
10.2.1.2 Qwest uses the Location Routing Number (LRN) architecture. Under the
LRN architecture, each Switch is assigned a unique ten-digit LRN, the first six digits of
which identify the location of that Switch. The LRN technology is a triggering and
addressing method which allows the re-homing of individual telephone numbers to other
Switches and ensures the proper routing of calls to ported telephone numbers through
the use of a database and the signaling network. The LRN solution interrupts call
processing through the use of an Advanced Intelligent Network (AIN) trigger, commonly
referred to as the LRN trigger. During this interruption, a query is launched to the LNP
database in the signaling network and the call is re-addressed using the LRN information
for the ported telephone number. The LRN will route the call to the proper Switch
destination. The actual routing of the call with either the dialed number, for calls to non-
ported numbers, or the LRN, for calls to ported numbers, observes the rules, protocols
and requirements of the existing Public Office Dialing Plan (PODP).
10.2.2 Terms and Conditions
10.2.2.1 Qwest will provide Local Number Portability (LNP), also known as long-
term number portability, in a non-discriminatory manner in compliance with the FCC’s
rules and regulations and the guidelines of the FCC’s North American Numbering
Council’s (NANC) Local Number Portability Administration (LNPA) Working Group and
the Industry Numbering Committee (INC) of the Alliance for Telecommunications
Industry Solutions (ATIS). Unless specifically excluded in Section 10.2.2.6, all telephone
numbers assigned to an End User Customer are available to be ported through LNP.
Mass calling events shall be handled in accordance with the industry’s non-LRN
recommendation (NANC’s High Volume Call-In Networks dated February 18, 1998.)
10.2.2.2 Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable Switches and the schedule and status for
future deployment will be identified in the Local Exchange Routing Guide (LERG).
10.2.2.3 In connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the telecommunications industry as a national industry standard.
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10.2.2.4 Qwest will coordinate LNP with Unbundled Loop cutovers in a
reasonable amount of time and with minimum service disruption, pursuant to Unbundled
Loop provisions identified in Section 9 of this Agreement. CLEC will coordinate with
Qwest for the return of the Qwest Unbundled Loop coincident with the transfer of the
Customer’s service to Qwest in a reasonable amount of time and with minimum service
disruption. For coordination with Loops not associated with Qwest’s Unbundled Loop
offering, CLEC may order the LNP Managed Cut, as described in Section 10.2.5.4.
10.2.2.4.1 Parties understand that LNP order activity must be coordinated
with facilities cutovers in order to ensure that the End User is provided with
uninterrupted service. If the Party porting the telephone number experiences
problems with its port or provision of its Loop, and needs to delay or cancel the
port and any Loop disconnection, that Party shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cancel the port and any Loop disconnection in accordance with industry (LNPA’s
National Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.2.2.4.2 Parties shall transmit a port create subscription or port
concurrence message to the NPAC, in accordance with the FCC’s LNPA
Working Group’s guidelines. Qwest will routinely send a concurrence message
within the time frames established by the industry.
10.2.2.5 The Parties agree to implement LNP within the guidelines set forth by
the generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.2.2.6 Neither Party shall be required to provide number portability for numbers
that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976 NXX number
services).
10.2.2.7 After an end-office becomes equipped with LNP, all NXXs assigned to
that end office will be defined as portable, to the extent Technically Feasible, and
translations will be changed in each Party’s Switches so that the portable NXXs are
available for LNP database queries. When an NXX is defined as portable, it will also be
defined as portable in all LNP-capable Switches that have direct trunks to the end office
associated with the portable NXX.
10.2.2.8 Each Party shall offer number portability to customers for any portion of
an existing DID block without being required to port the entire block of DID numbers.
Each Party shall permit customers who port a portion of DID numbers to retain DID
service on the remaining portion of the DID numbers.
10.2.2.9 At the time of porting a number via LNP from Qwest, Qwest shall ensure
that the LIDB entry for that number is de-provisioned if the Qwest LIDB is not being used
by CLEC.
10.2.2.10 Both Parties agree to follow the LNP Switch request process established
by the Parties and in compliance with industry guidelines.
10.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to the CLEC Switch if the code is used
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solely for one End User. Where one Party has activated an entire NXX for a single End
User, or activated a substantial portion of an NXX for a single End User with the
remaining numbers in the NXX either reserved for future use or otherwise unused, if
such End User chooses to receive service from the other Party, the first Party shall
cooperate with the second Party to have the entire NXX reassigned to an End Office
operated by the second Party through the NANP administrator. In addition, both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables, etc.). Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times (as identified in the LERG and the Central Office Code
Administration guidelines) for movement of NXXs from one Switch to another. Other
applications of NXX migration will be discussed by the Parties as circumstances arise.
10.2.2.12 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011), as may be updated from time to time,
regarding unlocking and updating End Users’ telephone number records in the
911/Automatic Location Information (ALI) database. The current provider shall send the
911 unlock record on the completion date of the order to the 911 database administrator.
10.2.2.13 Porting of Reserved Numbers. The customers of each Party may port
reserved numbers from one Party to the other Party via LNP. Qwest will port numbers
previously reserved by the Customer via the appropriate retail tariffs until these
reservations expire. Qwest will no longer reserve numbers for End User customers.
10.2.2.14 Limits on Subscriber Relocation. Qwest and CLEC agree that a
Customer may geographically relocate at the same time as it ports its telephone number,
using LNP, to the new service provider; provided, however, that the current service
provider may require that the Customer’s relocation at the time of the port to the new
service provider be limited to the geographic area represented by the NXX of the ported
telephone number. The current service provider may not impose a relocation limitation
on the new service provider or the new service provider’s subscribers that is more
restrictive than that which the current service provider would impose upon its own
subscribers with telephone numbers having the same NXX as the telephone number(s)
being ported. In addition, the current service provider may not impose any restrictions
on relocation within the same Rate Center by a ported End User while that End User is
served by the new service provider.
10.2.3 Service Management System
10.2.3.1 Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
Party’s Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC’s
established protocols and that the application of such systems and equipment is
compatible with the NPAC.
10.2.3.2 Each Party shall cooperate to facilitate the administration of the SMS
through the process prescribed in the documents referenced in Section 21.
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10.2.4 Database and Query Services
10.2.4.1 Qwest shall perform default LNP queries where CLEC is unable to
perform its own query. CLEC shall perform default LNP queries where Qwest is unable
to perform its own query. Qwest query services and charges are defined in FCC Tariff
#1, including End Office and Tandem Default Query Charges which are contained in
Tariff Section 13 (Miscellaneous Service) and Database Query Charges which are
contained in Tariff Section 20 (CCSAC Service Applications).
10.2.4.2 For local calls to a NXX in which at least one number has been ported
via LNP at the request of CLEC, the Party that owns the originating Switch shall query
an LNP database as soon as the call reaches the first LNP capable Switch in the call
path. The Party that owns the originating Switch shall query on a local call to a NXX in
which at least one number has been ported via LNP prior to any attempts to route the
call to any other Switch. Prior to the first number in a NXX being ported via LNP at the
request of CLEC, Qwest may query all calls directed to the NXX, subject to the billing
provisions as discussed in Section 10.2.4.1 and provided that Qwest queries shall not
adversely affect the quality of service to CLEC’s customers or End Users as compared
to the service Qwest provides its own customers and End Users.
10.2.4.3 A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 carrier and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query prior to the first port
requested in a NXX.
10.2.4.4 On calls originating from a Party’s network, the Party will populate, if
Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first six digits
of the originating LRN in the SS7 Initial Address Message.
10.2.4.5 Each Party shall cooperate in the process of porting numbers from one
carrier to another so as to limit service outage for the ported subscriber. Qwest shall
update its LNP database from the NPAC SMS data within fifteen (15) minutes of receipt
of a download from the NPAC SMS.
10.2.5 Ordering
10.2.5.1 Both Parties shall comply with ordering standards as developed by the
industry and as described in Section 12 of this Agreement. LNP service is ordered via a
Local Service Request and associated Number Portability forms. CLEC may order long
term number portability either manually or through an electronic interface. The
electronic gateway solution for ordering service is described in Section 12 of this
Agreement.
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10.2.5.2 Standard Due Date Intervals. Service intervals for LNP are described
below. These intervals include the time for Firm Order Confirmation (FOC). Orders
received after 7:00 p.m. (mountain time) are considered the next business day. The
following service intervals have been established for local number portability:
Telephone Numbers
To Port Interval*
Simple (1FR/1FB) 1-5 3 business days
(includes FOC
24 hr interval)
6-50 4 business days
(includes FOC
24 hr interval)
51 or more Project Basis
Complex (PBX 1-25 5 business days
Trunks, ISDN, (includes FOC
Centrex) 24 hr interval)
26 or more Project Basis
*Intervals for LNP with Unbundled Loops shall be governed by Section 9.2.4.6 of the
Agreement.
10.2.5.3 Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditional trigger, or line side attribute (LSA) trigger, can be set automatically. CLEC
may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be set
automatically, although there may be some instances when Qwest or the Number
Portability Administration Center/Service Management System (NPAC/SMS) will provide
prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due
to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut
is outside Qwest’s normal business hours for LNP, Qwest will have personnel available
in the Repair Center to assist in the event that CLEC experiences problems during the
cut. In addition, Qwest allows CLEC to request a Managed Cut on a 24 X 7 basis in
those situations where a cut would otherwise have been flow-through, but where CLEC
has a business need to have Qwest personnel dedicated to the cut. The terms and
conditions for Managed Cuts are described in 10.2.5.4.
10.2.5.3.1 Qwest will set the ten (10) digit unconditional trigger for numbers
to be ported, unless technically infeasible, by 11:59 p.m. (local time) on the
business day preceding the scheduled port date. (A 10-digit unconditional trigger
cannot be set for DID services in 1AESS, AXE10, and DMS10 Switches thus
managed cuts are required, at no charge.) The ten (10) digit unconditional
trigger and Switch translations associated with the End User Customer’s
telephone number will not be removed, nor will Qwest disconnect the Customer’s
billing and account information, until 11:59 p.m. (local time) of the next business
day after the Due Date. CLEC is required to make timely notifications of Due
Date changes or cancellations by 8:00 p.m. mountain time on the Due Date
through a supplemental LSR order. In the event CLEC does not make a timely
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notification, CLEC may submit a late notification to Qwest as soon as possible
but in no event later than 12:00 p.m. mountain time the next business day after
the Due Date to Qwest’s Interconnect Service Center in the manner set forth
below. For a late notification properly submitted, Qwest agrees to use its best
efforts to ensure that the End User’s service is not disconnected prior to 11:59
p.m. of the next business day following the new Due Date or, in the case of a
cancellation, no disruption of the End User’s existing service. Late notifications
must be made by calling Qwest’s Interconnect Service Center followed by CLEC
submitting a confirming supplemental LSR order.
10.2.5.4 LNP Managed Cut with CLEC-provided Loop: A Managed Cut permits
CLEC to select a project managed cut for LNP. Managed Cuts are offered on a 24 X 7
basis.
10.2.5.4.1 The date and time for the managed cut requires up-front
planning and may need to be coordinated between Qwest and CLEC. All
requests will be processed on a first come, first served basis and are subject to
Qwest’s ability to meet a reasonable demand. Considerations such as system
downtime, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same FDT in the same Switch (Switch contention) must
be reviewed. In the event that any of these situations would occur, Qwest will
coordinate with CLEC for an agreed upon FDT, prior to issuing the Firm Order
Confirmation (FOC). In special cases where a FDT must be agreed upon, the
interval to reach agreement will not exceed two (2) days. In addition, standard
intervals will apply.
10.2.5.4.2 CLEC shall request a Managed Cut by submitting a Local
Service Request (LSR) and designating this order as a Managed Cut in the
remarks section of the LSR form.
10.2.5.4.3 CLEC will incur additional charges for the Managed Cut
dependent upon the FDT. The rates are based upon whether the request is
within Qwest’s normal business hours or out of hours. Qwest’s normal business
hours are 7:00 a.m. to 7:00 p.m., End User local time, Monday through Friday.
The rate for Managed Cuts during normal business hours is the standard rate.
The rate for Managed Cuts out of hours, except for Sundays and Holidays, is the
overtime rate. Sundays and Holidays are at premium rate.
10.2.5.4.4 Charges for Managed Cuts shall be based upon actual hours
worked in one half (½) hour increments. Exhibit A of this Agreement contains the
rates for Managed Cuts. CLEC understands and agrees that in the event CLEC
does not make payment for Managed Cuts, unless disputed as permitted under
Section 5.4 of the Agreement, Qwest shall not accept any new LSR requests for
Managed Cuts.
10.2.5.4.5 Qwest will schedule the appropriate number of employees prior
to the cut, normally not to exceed three (3) employees, based upon information
provided by CLEC. CLEC will also have appropriate personnel scheduled for the
negotiated FDT. If CLEC’s information is modified during the cut, and, as a
result, non-scheduled employees are required, CLEC shall be charged a three
(3) hour minimum callout charge per each additional non-scheduled employee. If
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the cut is either cancelled, or supplemented (supp) to change the due date,
within twenty four (24) hours of the negotiated FDT, CLEC will be charged a one
person three (3) hour minimum charge. If the cut is cancelled due to a Qwest
error or a new due date is requested by Qwest , within twenty-four (24) hours of
the negotiated FDT, Qwest may be charged by CLEC one person three (3) hour
minimum charge as set forth in Appendix A.
10.2.5.4.6 In the event that the LNP Managed Cut LNP conversion is not
successful, CLEC and Qwest agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the Customer. If the problem cannot be corrected within
an acceptable timeframe to CLEC or the Customer, CLEC may request the
restoral of Qwest service for the ported Customer. Such restoration shall begin
immediately upon request. If CLEC is in error then a supplemental order shall be
provided to Qwest. If Qwest is in error, no supplemental order or additional order
will be required of CLEC.
10.2.5.4.7 Qwest shall ensure that any LNP order activity requested in
conjunction with a Managed Cut shall be implemented in a manner that avoids
interrupting service to the End User, including, without limitation, ensuring that
the End User’s Qwest Loop will not be disconnected prior to confirmation that
CLEC Loop has been successfully installed.
10.2.6 Maintenance and Repair
10.2.6.1 Each Party is responsible for its own End Users and will have the
responsibility for resolution of any service trouble report(s) from its End Users. End user
customers will be instructed to report all cases of trouble to their Service Provider.
10.2.6.2 Each Party will provide their respective End User customers the correct
telephone numbers to call for access to their respective repair bureaus. Each Party will
provide their repair contact numbers to one another on a reciprocal basis.
10.2.6.3 Qwest will work cooperatively with CLEC to isolate and resolve trouble
reports. When the trouble condition has been isolated and found to be within a portion
of the Qwest network, Qwest will perform standard tests and isolate and repair the
trouble within twenty-four (24) hours of receipt of the report.
10.2.6.4 Qwest will proactively test new Switch features and service offerings to
ensure there are no problems with either the porting of numbers or calls from Qwest
customers to CLEC customers with ported numbers or vice versa.
10.2.7 Rate Elements
10.2.7.1 Qwest will comply with FCC and Commission rules on cost recovery for
long term number portability.
10.3 911/E911 Service
10.3.1 Description
10.3.1.1 911 and E911 provides an End User access to the applicable emergency
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service bureau, where available, by dialing a 3-digit universal telephone number (911).
10.3.1.2 Automatic Location Identification/Data Management System (ALI/DMS).
The ALI/DMS database contains End User information (including name, address,
telephone number, and sometimes special information from the local service provider or
End User) used to determine to which Public Safety Answering Point (PSAP) to route
the call. The ALI/DMS database is used to provide more routing flexibility for E911 calls
than Basic 911.
10.3.1.3 Basic 911 directly connects to the PSAP all 911 calls from one or more
local exchange Switches that serve a geographic area. E911 provides additional
selective routing flexibility for 911 calls. E911 uses End User data, contained in the
ALI/DMS, to determine to which Public Safety Answering Point (PSAP) to route the call.
10.3.2 Terms and Conditions
10.3.2.1 E911 functions provided to CLEC shall be at the same level of accuracy
and reliability as for such support and services that Qwest provides to its End Users for
such similar functionality.
10.3.2.2 In counties where Qwest has obligations under existing agreements as
the primary provider of the 911 system to the county, CLEC will participate in the
provision of the 911 System as described in Section 10.3.
10.3.2.3 Qwest shall conform to all state regulations concerning emergency
services.
10.3.2.4 Qwest shall route E911 calls to the appropriate PSAP.
10.3.2.5 Each Party will be responsible for those portions of the 911 system for
which it has total control, including any necessary maintenance to each Party’s portion of
the 911 system.
10.3.2.6 Qwest will provide CLEC with the identification of the Qwest 911
controlling office that serves each geographic area served by CLEC.
10.3.2.7 Qwest will provide CLEC with the ten-digit telephone numbers of each
PSAP agency, for which Qwest provides the 911 function, to be used by CLEC to
acquire emergency telephone numbers for operators to handle emergency calls in those
instances where CLEC’s End User dials "0" instead of "911". It shall be the
responsibility of CLEC to verify or confirm the appropriate use of the contact information
provided by Qwest with each PSAP prior to offering 911 calls or publication of such data.
10.3.2.8 If a third party is the primary service provider to a county, CLEC will
negotiate separately with such third party with regard to the provision of 911 service to
the county. All relations between such third party and CLEC are separate from this
Agreement and Qwest makes no representations on behalf of the third party.
10.3.2.9 If CLEC is the primary service provider to the county, CLEC and Qwest
will negotiate the specific provisions necessary for providing 911 service to the county
and will include such provisions in an amendment to this Agreement.
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10.3.2.10 CLEC will separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User taxes for 911 service.
10.3.2.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliability Council Recommendations and meeting the
network standard of Qwest for the 911 call delivery.
10.3.2.12 The Parties shall provide a single point of contact to coordinate all
activities under this Agreement.
10.3.2.13 Neither Party will reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 911/E911 services shall
be billed to the appropriate PSAP.
10.3.2.14 Qwest’s designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. CLEC shall have non-
discriminatory unbundled access to the E911 database, including the listings of other
LECs for purposes of providing 911 services related to the public health, safety and
welfare.
10.3.3 E911 Database Updates
10.3.3.1 CLEC exchanges to be included in Qwest’s E911 Database will be
indicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and will not require an amendment to this Agreement.
10.3.3.2 Qwest’s designated E911 database provider, an independent third
party, will be responsible for maintaining the E911 database. Qwest, or its designated
database provider, will provide to CLEC an initial copy of the most recent Master Street
Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge.
MSAGs provided outside the quarterly schedule will be provided and charged on an
Individual Case Basis. The data will be provided in computer readable format. Qwest
shall provide CLEC access to the Master Street and Address Guide at a level of
accuracy and reliability that is equivalent to the access Qwest provides to itself.
10.3.4 E911 Database Updates for Facilities-Based CLECs
10.3.4.1 Qwest will ensure that the 911 database entries for CLEC will be
maintained with the same accuracy and reliability that Qwest maintains for Qwest’s own
End Users.
10.3.4.2 For selective routing table updates, facilities-based CLECs will negotiate
directly with Qwest’s database provider for the input and validation of End User data into
the Qwest Automatic Location Identification (ALI) database. CLEC will negotiate directly
with the PSAP (or PSAP agency’s) DMS/ALI provider for input of End User data into the
ALI database. In most cases the selective routing table updates and the ALI database
will be managed by the same provider. CLEC assumes all responsibility for the
accuracy of the data that CLEC provides for MSAG preparation and E911 Database
operation.
10.3.4.3 If it is facilities-based, CLEC will provide End User data to Qwest’s agent
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for the Qwest ALI database utilizing NENA-02-010 Recommended Formats and
Protocols For ALI Data Exchange standards. Qwest will furnish CLEC any variations to
NENA recommendations required for ALI database input.
10.3.4.4 If it is facilities-based, CLEC will provide End User data to Qwest’s
database provider for Qwest’s ALI database that is MSAG valid and meets all
components of the NENA-02-011 Recommended Data Standards for Local Exchange
Carriers, ALI Service Providers and 9-1-1 Jurisdictions standard format, as specified by
Qwest.
10.3.4.5 If it is facilities-based, CLEC will update its End User records provided to
Qwest’s database provider for Qwest’s ALI database to agree with the 911 MSAG
standards for its service areas.
10.3.5 E911 Database Updates for Resale Based CLECs
10.3.5.1 For resold services, Qwest, or its designated database provider, will
provide updates to the ALI database in a manner that is at the same level of accuracy
and reliability as such updates are provided for Qwest’s End Users. For resold
accounts, CLEC shall provide Qwest with accurate End User location information to be
updated to the ALI/DMS database. Qwest shall use its current process to update and
maintain End User information in the ALI/DMS database.
10.3.6 E911 Database Accuracy
10.3.6.1 E911 Database accuracy shall be measured jointly by the PSAPs and
Qwest’s database provider in a format supplied by Qwest. The reports shall be
forwarded to CLEC by Qwest’s database provider when relevant and will indicate
incidents when incorrect or no ALI data is displayed. The reports provided to CLEC shall
contain CLEC-specific information regarding CLEC’s accounts.
10.3.6.2 Each discrepancy report will be jointly researched by Qwest and CLEC.
Corrective action will be taken immediately by the responsible Party.
10.3.6.3 Each Party providing updates to the E911 database will be responsible
for the accuracy of its End User records. Each Party providing updates specifically
agrees to indemnify and hold harmless the other Party from any claims, damages, or
suits related to the accuracy of End User data provided for inclusion in the E911
Database.
10.3.6.4 Qwest and its vendor will provide non-discriminatory error correction for
records submitted to the Automatic Location Identification (ALI) database. For resold
accounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to
correct the error, vendor will contact Qwest for error resolution. For errors referred to
Qwest, Qwest will provide the corrections in a non-discriminatory manner. If Qwest is
unable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the
case of facility-based CLECs, the vendor will interface directly with CLEC to resolve
record errors.
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10.3.7 E911 Interconnection
10.3.7.1 If required by CLEC, Qwest shall interconnect direct trunks from CLEC’s
network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be
provided by CLEC. If provided by Qwest, such trunks will be provided on a non-
discriminatory basis. Qwest shall provide special protection identification for CLEC 911
circuits in the same manner as Qwest provides for its 911 circuits.
10.3.7.1.1 The Parties shall establish a minimum of two (2) dedicated
trunks from CLEC’s central office to each Qwest 911/E911 selective router (i.e.,
911 Tandem Office) that serves the areas in which CLEC provides Exchange
Service, for the provision of 911/E911 services and for access to all subtending
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
911/E911 circuits, if facilities are available. When Qwest facilities are available,
Qwest will comply with diversity of facilities and systems as ordered by CLEC.
Where there is alternate routing of 911/E911 calls to a PSAP in the event of
failures, Qwest shall make that alternate routing available to CLEC.
10.3.7.1.2 911 Interconnection Trunk Groups must be, at a minimum, DS-0
level trunks configured as a 2-wire analog interface or as part of a digital (1.544
Mbps) interface. Either configuration must use Centralized Automatic Message
Accounting (CAMA) type signaling with MF tones that will deliver Automatic
Number Identification "ANI" with the voice portion of the call, or Signaling System
7 (SS7) if available (i.e., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTY/TDDs).
10.3.7.1.3 Qwest shall begin restoration of 911/E911 trunking facilities
immediately upon notification of failure or outage. Qwest must provide priority
restoration of trunks or network outages on the same terms and conditions it
provides itself. CLEC will be responsible for the isolation, coordination, and
restoration of all 911 network maintenance problems to the CLEC demarcation.
Qwest will be responsible for the coordination and restoration of all 911 network
maintenance problems beyond the demarcation. Qwest repair service includes
testing and diagnostic service from a remote location, dispatch of or in-person
visit(s) of personnel. Where an on-site technician is determined to be required, a
technician will be dispatched without delay. CLEC is responsible for advising
Qwest of the circuit identification when notifying Qwest of a failure or outage.
The Parties agree to work cooperatively and expeditiously to resolve any 911
outage. Qwest will refer network trouble to CLEC if no defect is found in Qwest’s
network. The Parties agree that 911 network problem resolution will be managed
in an expeditious manner at all times.
10.3.7.2 For CLEC-identified 911 trunk blockages, Qwest agrees to take
corrective action using the same trunking service procedures used for Qwest’s own
E911 trunk groups.
10.3.7.3 The Parties will cooperate in the routing of 911 traffic in those instances
where the ALI/ANI information is not available on a particular 911 call.
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10.3.7.4 For a facility-based CLEC, Qwest shall provide 911 Interconnection,
including the provision of dedicated trunks from CLEC End Office Switch to the 911
control office, at parity with what Qwest provides itself.
10.3.7.5 For a Reseller CLEC, or a CLEC using unbundled switching, Qwest shall
provide CLEC with access to the same 911 trunks used for Qwest’s retail End Users
which extend from the Qwest End Office Switch to the Basic 911 PSAP or the E911
tandem. CLEC access to such 911 trunks shall be on a shared, non-discriminatory
basis.
10.3.8 E911 and Number Portability
10.3.8.1 When a Qwest telephone number is ported out, the receiving CLEC shall
be responsible to update the ALI/DMS database. When a CLEC telephone number is
ported in, Qwest shall be responsible to update the ALI/DMS database.
10.3.8.2 When Remote Call Forwarding (RCF) is used to provide number
portability to the End User and a remark or other appropriate field information is
available in the database, the shadow or "forwarded-to" number and an indication that
the number is ported shall be added to the End User record by CLEC.
10.4 White Pages Directory Listings
10.4.1 Description
White Pages Listings Service (Listings) consists of Qwest placing the names, addresses and
telephone numbers of CLEC’s End Users in Qwest’s listing database, based on End User
information provided to Qwest by CLEC. Qwest is authorized to use CLEC End User listings as
noted below.
10.4.2 Terms and Conditions
10.4.2.1 CLEC will provide in standard format, by mechanized or by manual
transmission to Qwest, its primary, premium and privacy listings. Qwest will accept one
primary listing for each main telephone number belonging to CLEC’s End Users at no
charge.
10.4.2.2 CLEC will be charged for premium and privacy listings (e.g., additional,
foreign, cross reference) at Qwest’s General Exchange listing Tariff rates, less the
wholesale discount, as described in Exhibit A. Primary listings and other types of listings
are defined in the Qwest General Exchange Tariffs.
10.4.2.3 Information on submitting and updating listings is available in "Qwest
Facility Based and Co-Provider Listings User Documents." Qwest will furnish CLEC the
listings format specifications. Directory publishing schedules and deadlines will be
provided to CLEC.
10.4.2.4 If CLEC provides its End User’s listings to Qwest, CLEC grants Qwest
access to CLEC’s end user listings information for use in its Directory Assistance List
Service, and for other lawful purposes, except that CLEC’s listings supplied to Qwest by
CLEC and marked as nonpublished or nonlisted listings shall not be used for marketing
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purposes subject to the terms and conditions of this Agreement. Qwest will incorporate
CLEC End User Listings in the Directory Assistance Database. Qwest will incorporate
CLEC’s End User listings information in all existing and future Directory Assistance
applications developed by Qwest. Should Qwest cease to be a Telecommunications
Carrier, by virtue of a divestiture, merger or other transaction, this access grant
automatically terminates.
10.4.2.5 CLEC End User listings will be treated the same as Qwest’s End User
listings. Prior written authorization from CLEC, which authorization may be withheld,
shall be required for Qwest to sell, make available, or release CLEC’s End User listings
to directory publishers, or other third parties other than Directory Assistance providers.
No prior authorization from CLEC shall be required for Qwest to sell, make available, or
release CLEC’s End User Directory Assistance Listings to Directory Assistance
providers. Listings shall not be provided or sold in such a manner as to segregate End
Users by carrier. Qwest will not charge CLEC for updating and maintaining Qwest’s
listings databases. CLEC will not receive compensation from Qwest for any sale of
listings by Qwest as provided for under this Agreement.
10.4.2.6 To the extent that state Tariffs limit Qwest’s liability with regard to
listings, the applicable state Tariff(s) is incorporated herein and supersedes the
Limitation of Liability section of this Agreement with respect to listings only.
10.4.2.7 Qwest is responsible for maintaining listings, including entering,
changing, correcting, rearranging and removing listings in accordance with CLEC orders.
10.4.2.8 Qwest provides non-discriminatory appearance and integration of white
pages listings for all CLEC’s and Qwest’s End Users. All requests for white pages
Directory Listings, whether CLEC or Qwest End Users, follow the same processes for
entry into the listings database.
10.4.2.9 Qwest will take reasonable steps in accordance with industry practices to
accommodate nonpublished and nonlisted listings provided that CLEC has supplied
Qwest the necessary privacy indicators on such listings.
10.4.2.10 CLEC white pages listings will be in the same font and size as listings for
Qwest End Users, and will not be separately classified.
10.4.2.11 Qwest processes for publication of white pages Directory Listings will
make no distinction between CLEC and Qwest subscribers. CLEC listings will be
provided with the same accuracy and reliability as Qwest’s End User listings. Qwest will
ensure CLEC listings provided to Qwest are included in the white pages directory
published on Qwest’s behalf using the same methods and procedures, and under the
same terms and conditions, as Qwest uses for its own End User listings.
10.4.2.12 Qwest shall ensure its third party publisher distributes appropriate
alphabetical and classified directories (white and yellow pages) and recycling services to
CLEC End Users at parity with Qwest End Users, including providing directories a) upon
establishment of new service; b) during annual mass distribution; and c) upon End User
request.
10.4.2.13 CLEC shall use commercially reasonable efforts to ensure that listings
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provided to Qwest are accurate and complete. All third party listings information is
provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all
listings information provided to Qwest, including End User requested restrictions on use,
such as nonpublished and nonlisted restrictions.
10.4.2.14 Reserved for Future Use.
10.4.2.15 CLEC shall be solely responsible for knowing and adhering to state laws
or rulings regarding listings and for supplying Qwest with the applicable listing
information.
10.4.2.16 CLEC agrees to provide to Qwest its End User names, addresses and
telephone numbers in a standard mechanized format, as specified by Qwest.
10.4.2.17 CLEC will supply its ACNA/CIC or CLCC/OCN, as appropriate, with each
order to provide Qwest the means of identifying listings ownership.
10.4.2.18 Prior to placing listings orders on behalf of End Users, CLEC shall be
responsible for obtaining, and have in its possession, Proof of Authorization (POA), as
set forth in Section 5.3 of this Agreement.
10.4.2.19 Qwest will provide monthly listing verification proofs that provide the data
to be displayed in the published white pages directory and available on Directory
Assistance. Verification proofs containing nonpublished and nonlisted listings are also
available upon request on the same monthly schedule.
10.4.2.20 Qwest will provide CLEC a reasonable opportunity to verify the accuracy
of the listings to be included in the white pages directory and Directory Assistance.
10.4.2.21 CLEC may review and if necessary edit the white page listings prior to
the close date for publication in the directory.
10.4.2.22 CLEC is responsible for all dealings with, and on behalf of, CLEC’s End
Users, including:
10.4.2.22.1 All End User account activity (e.g., End User queries and
complaints);
10.4.2.22.2 All account maintenance activity (e.g., additions, changes,
issuance of orders for listings to Qwest);
10.4.2.22.3 Determining privacy requirements and accurately coding the
privacy indicators for CLEC’s End User information (if End User information
provided by CLEC to Qwest does not contain a privacy indicator, no privacy
restrictions will apply); and
10.4.2.22.4 Any additional services requested by CLEC’s End Users.
10.4.2.23 Pursuant to Sec. 222 (a), (b), (c), (d), and (e) of the Telecommunications
Act, Qwest will provide subscriber lists information gathered in Qwest’s capacity as a
provider of local Exchange Service on a timely and unbundled basis, under non-
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discriminatory and reasonable rates, terms and conditions to CLEC upon request for the
purpose of publishing directories in any format. Rates may be subject to federal or state
law or rules, as appropriate. Upon request by CLEC, Qwest shall enter into negotiations
with CLEC for CLEC’s use of subscriber list information for purposes other than
publishing directories, and Qwest and CLEC will enter into a written contract if
agreement is reached for such use.
10.4.2.23.1 Qwest shall use commercially reasonable efforts to ensure that
its retail End User listings provided to CLEC are accurate and complete. Any
third party listings are provided AS IS, WITH ALL FAULTS. Qwest further
represents that it shall review all its retail End User listings information provided
to CLEC including End User requested restrictions on use, such as nonpublished
and nonlisted restrictions.
10.4.2.24 Qwest represents and warrants that any arrangement for the publication
of white pages Directory Listings with an Affiliate or contractor (including, without
limitation, Qwest Dex, Inc.) (an Affiliate), requires such Affiliate or contractor to publish
the Directory Listings of CLEC contained in Qwest’s listings database so that CLEC’s
Directory Listings are non-discriminatory in appearance and integration, and have the
same accuracy and reliability that such Affiliate or contractor provides to Qwest’s End
Users.
10.4.2.25 Qwest further agrees that any arrangements for the publication of white
pages Directory Listings with an Affiliate or contractor shall require such Affiliate or
contractor to include in the Customer guide pages of the white pages directory, a notice
that End Users should contact their local service provider to request any modifications to
their existing listing or to request a new listing.
10.4.2.26 Qwest agrees that any arrangement with an Affiliate or contractor for the
publication of white pages Directory Listings shall require such Affiliate or contractor to
provide CLEC space in the Customer guide pages of the white pages directory for the
purpose of notifying customers how to reach CLEC to: (1) request service; (2) contact
repair service; (3) dial Directory Assistance; (4) reach an account representative; (5)
request buried cable local service; and (6) contact the special needs center for
customers with disabilities.
10.4.3 Rate Elements
The following rate elements apply to White Pages Listings and are contained in Exhibit A of this
Agreement.
10.4.3.1 Primary Listings; and
10.4.3.2 Premium/Privacy Listings.
10.4.4 Ordering Process
10.4.4.1 Qwest provides training on white page listings requests and submission
processes. The ordering process is similar to the service ordering process.
10.4.4.2 CLEC listings can be submitted for inclusion in Qwest white pages
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directories according to the directions in the Qwest Listings User Documents for Facility-
Based and Reseller CLECs, which is available on-line through the PCAT,
(http//www.qwest.com//wholesale/ or will be provided in hard copy to CLEC upon
request. Initial information and directions are available in the PCAT.
10.4.4.3 CLEC can submit the OBF forms incorporated in the Local Service
Request via the IMA-EDI, IMA-GUI, or fax.
10.5 Directory Assistance
10.5.1 Description
10.5.1.1 Directory assistance service is a telephone number, voice information
service that Qwest provides to its own End Users and to other Telecommunications
Carriers. Qwest provides CLEC non-discriminatory access to Qwest’s Directory
Assistance centers, services and Directory Assistance Databases. There are three (3)
forms of Directory Assistance Services available pursuant to this Agreement -- Directory
Assistance Service, Directory Assistance List Services, and Directory Assistance
Database Service. These services are available with CLEC-specific branding, generic
branding and Directory Assistance Call Completion Link options.
10.5.1.1.1 Directory Assistance Service. The published and non-listed
telephone numbers provided within the relevant geographic area are those
contained in Qwest’s then current Directory Assistance database.
10.5.1.1.1.1 Local Directory Assistance Service -- Allows CLEC’s
End Users to receive published and non-listed telephone numbers within
the caller's NPA/LATA geographic areas, whichever is greater.
10.5.1.1.1.2 National Directory Assistance Service -- Allows
CLEC’s End Users to receive listings from Qwest’s Local Directory
Assistance database and from the database of the National Directory
Assistance services vendor selected by Qwest. National Directory
Assistance Service includes Local Directory Assistance Service.
10.5.1.1.1.3 Call Branding Service – Allows CLEC’s End Users
to receive the service options listed in 10.5.1.1.1.1 and 10.5.1.1.1.2
branded with the brand of CLEC, where Technically Feasible or with a
generic brand. Call Branding announces CLEC’s name to CLEC’s End
User at the start and completion of the call. Call Branding is an optional
service available to CLEC.
a) Front End Brand -- Announces CLEC's name to CLEC's
End User at the start of the call. There is a nonrecurring charge to
setup and record the Front End Brand message.
b) Back End Brand -- Announces CLEC's name to CLEC's
End User at the completion of the call. There is a nonrecurring
charge to setup and record the Back End Brand message.
c) There is a nonrecurring charge to load CLEC’s branded
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message in each Switch.
d) Qwest will record CLEC’s branded message.
10.5.1.1.1.4 Call Completion Link allows CLEC’s End Users’
calls to be returned to CLEC for completion on CLEC’s network, where
available. There is a recurring charge per call.
10.5.1.1.2 Directory Assistance List Service -- Directory Assistance List
Service is the access to Qwest’s Directory Listings for subscribers within Qwest's
fourteen (14) states for the purpose of providing Directory Assistance Service to
its local exchange End User customers subject to the terms and conditions of this
Agreement. See Section 10.6 for terms and conditions relating to the Directory
Assistance List Services.
10.5.1.1.2.1 If CLEC elects to build its own Directory Assistance
Service, it can obtain Qwest Directory Listings through the purchase of
the Directory Assistance List.
10.5.1.1.3 Directory Assistance Database Service -- Qwest shall provide
CLEC non-discriminatory access to Qwest’s Directory Assistance Database or
"Directory1" database, where Technically Feasible, on a "per dip" basis.
10.5.2 Terms and Conditions
10.5.2.1 Qwest will provide CLEC non-discriminatory access to Qwest's Directory
Assistance Databases, Directory Assistance centers and personnel to provide Directory
Assistance service.
10.5.2.2 Qwest’s Directory Assistance database contains only those published
and non-listed telephone number listings obtained by Qwest from its own End Users and
other Telecommunications Carriers.
10.5.2.3 Qwest will provide access to Directory Assistance Service for facility-
based CLECs via dedicated multi-frequency (MF) operator service trunks. CLEC may
purchase operator service trunks from Qwest or provide them itself. These operator
service trunks will be connected directly to a Qwest Directory Assistance host or remote
Switch. CLEC will be required to order or provide at least one operator services trunk for
each NPA served.
10.5.2.4 Qwest will perform Directory Assistance Services for CLEC in
accordance with operating methods, practices, and standards in effect for all Qwest End
Users. Qwest will provide the same priority of handling for CLEC’s End User calls to
Qwest’s Directory Assistance service as it provides for its own End User calls. Calls to
Qwest's Directory Assistance are handled on a first come, first served basis, without
regard to whether calls are originated by CLEC or Qwest End Users.
10.5.2.5 Call Branding for Directory Assistance will entail recording and setting up
a brand message. Dedicated interoffice facilities are required.
10.5.2.6 Call Completion Link requires dedicated interoffice facilities.
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10.5.2.7 If CLEC elects to access the Qwest Directory Assistance databases on a
per dip basis, Qwest will provide to CLEC the facility and equipment specifications
necessary to enable CLEC to obtain compatible facilities and equipment.
10.5.2.8 A Reseller CLECs’ End User customers may use the same dialing
pattern to access Directory Assistance service as used by Qwest’s End User customers
(i.e., 411, 1+411, or 1+NPA+555-1212).
10.5.2.9 A facility-based CLEC may choose to have its End Users dial a unique
number or use the same dialing pattern as Qwest End Users to access Qwest Directory
Assistance operators.
10.5.2.10 Qwest will timely enter into its Directory Assistance database updates of
CLEC’s listings. Qwest will implement quality assurance procedures such as random
testing for listing accuracy. Qwest will identify itself to End Users calling its DA service
provided for itself either by company name or operating company name or operating
company number so that End Users have a means to identify with whom they are
dealing.
10.5.2.10.1 In accordance with Section 18, CLEC may request a
comprehensive audit of Qwest's use of CLEC's directory assistance listings. 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 directory assistance listings 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 Qwest’s use of CLEC’s directory assistance listings in
Qwest’s Directory Assistance Service. CLEC shall be entitled to "seed" or
specially code some or all of the directory assistance listings 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.
10.5.2.11 Qwest shall use CLEC’s Directory Assistance listings supplied to Qwest
by CLEC under the terms of this Agreement for the purposes of providing Directory
Assistance Service and for providing DA List Information to Directory Assistance
provider and for other lawful purposes, except that CLEC’s Directory Assistance Listings
supplied to Qwest by CLEC and marked as nonpublished or nonlisted listings shall not
be used for marketing purposes.
10.5.3 Rate Elements
The following rate elements apply to Directory Assistance Service and are contained in Exhibit
A of this Agreement.
10.5.3.1 A per call rate is applicable for Local Directory Assistance and National
Directory Assistance Service selected by CLEC.
10.5.3.2 A nonrecurring setup and recording fee will be charged for establishing
each Call Branding option. A nonrecurring charge to load CLEC’s brand in each Switch
is also applicable. Such nonrecurring fees must be paid before service commences.
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10.5.3.3 A per call rate is applicable for Call Completion Link.
10.5.4 Ordering Process
CLEC will order Directory Assistance Service by completing the questionnaire entitled "Qwest
Operator Services/Directory Assistance Questionnaire for Local Service Providers." This
questionnaire may be obtained from CLEC's Qwest account manager.
10.5.5 Billing
10.5.5.1 Qwest will track and bill CLEC for the number of calls placed to Qwest’s
Directory Assistance service by CLEC’s End Users as well as for the number of requests
for Call Completion Link.
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 may request and receive no
more than two 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 Link will be charged at the per call rate when the End
User completes the required action (i.e., "press the number one," "stay on the line," etc.).
10.6 Directory Assistance List
10.6.1 Description
10.6.1.1 Directory Assistance List (DA List) Information consists of name, address
and telephone number information for all End Users of Qwest and other LECs that are
contained in Qwest’s Directory Assistance Database and, where available, related
elements required in the provision of Directory Assistance service to CLEC’s End Users.
No prior authorization from CLEC shall be required for Qwest to sell, make available, or
release CLEC’s End User Directory Assistance listings to Directory Assistance
providers. In the case of End Users who have non-published listings, Qwest shall
provide the End User’s local numbering plan area (NPA), address, and an indicator to
identify the non-published status of the listing to CLEC; however, Qwest will not provide
the non-published telephone number.
10.6.1.2 Qwest will provide DA List Information via initial loads and daily updates
either by means of a magnetic tape or Network Data Mover (NDM) or as otherwise
mutually agreed upon by the Parties. Qwest will provide all changes, additions or
deletions to the DA List Information overnight on a daily basis. The Parties will use a
mutually agreed upon format for the data loads.
10.6.1.3 DA List Information shall specify whether the Qwest subscriber is a
residential, business, or government subscriber, and the listings of other carriers will
specify such information where it has been provided on the carrier’s listing order.
10.6.1.4 In the event CLEC requires a reload of DA List Information from Qwest’s
database in order to validate, synchronize or reconcile its database, a reload will be
made available according to the rate specified in Exhibit A.
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10.6.1.5 Qwest and CLEC will cooperate in the designation of a location to which
the data will be provided.
10.6.2 Terms and Conditions
10.6.2.1 Qwest grants to CLEC, as a competing provider of telephone Exchange
Service and telephone toll service, access to the Directory Assistance List Information
Option 1) solely for the purpose of providing Directory Assistance Services, or Option 2)
for purposes of providing Directory Assistance Services and for other lawful purposes,
except that listings included in Qwest’s Directory Assistance List information and marked
as nonpublished or nonlisted listings, or listings marked with an "omit from lists" indicator
shall not be used for marketing purposes, subject to the terms and conditions of this
Agreement. CLEC will advise Qwest when it orders Qwest’s Directory Assistance List
Information whether it chooses Option 1 or 2. As it pertains to the use of Directory
Assistance List Information in this Agreement, "Directory Assistance Service" shall mean
the provision, by CLEC via a live operator or a mechanized system, of telephone number
and address information for an identified telephone service End User or the name and/or
address of the telephone service End User for an identified telephone number. Should
CLEC cease to be a Telecommunications Carrier, a competing provider of telephone
Exchange Service or telephone toll service, this access grant automatically terminates.
10.6.2.1.1 Qwest shall make commercially reasonable efforts to ensure
that listings belonging to Qwest retail End Users provided to CLEC in Qwest’s DA
List Information are accurate and complete. All third party DA List Information is
provided AS IS, WITH ALL FAULTS. Qwest further represents that it shall
review all of its End User listings information provided to CLEC, including End
User requested restrictions on use, such as nonpublished and nonlisted
restrictions.
10.6.2.2 CLEC will obtain and timely enter into its Directory Assistance database
daily updates of the DA List Information, will implement quality assurance procedures
such as random testing for Directory Assistance Listing accuracy, and will identify itself
to End Users calling its DA service either by company name or operating company
number so that End Users have a means to identify with whom they are dealing.
10.6.2.3 Reserved for Future Use.
10.6.2.4 Qwest shall retain all right, title, interest and ownership in and to the DA
Listing Information it provides hereunder. CLEC acknowledges and understands that
while it may disclose the names, addresses, and telephone numbers (or an indication of
non-published status) of Qwest’s End Users to a third party calling its Directory
Assistance for such information, the fact that such End User subscribes to Qwest’s
Telecommunications Services is confidential and proprietary information and shall not be
disclosed to any third party.
10.6.2.5 CLEC shall not sublicense, copy or allow any third party to access,
download, copy or use the DA List Information, or any portions thereof, or any
information extracted therefrom. Each Party shall take commercially reasonable and
prudent measures to prevent disclosure and unauthorized use of Qwest’s DA List
Information at least equal to the measures it takes to protect its own confidential and
proprietary information, including but not limited to implementing adequate computer
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security measures to prevent unauthorized access to Qwest’s DA List Information when
contained in any database.
10.6.2.5.1 Unauthorized use of Qwest’s DA List information, or any
disclosure to a third party of the fact that an End User, whose listing is furnished
in the DA list, subscribes to Qwest’s, another Local Exchange Carrier’s,
Reseller’s or CMRS’s Telecommunications Services shall be considered a
material breach of this Agreement and shall be resolved under the Dispute
Resolution provisions of this Agreement.
10.6.2.6 Within five (5) days after the expiration or earlier termination of this
Agreement, CLEC shall (a) return and cease using any and all DA List Information which
it has in its possession or control, (b) extract and expunge any and all copies of such DA
List Information, any portions thereof, and any and all information extracted therefrom,
from its files and records, whether in print or electronic form or in any other media
whatsoever, and (c) provide a written certification to Qwest from an officer that all of the
foregoing actions have been completed. A copy of this certification may be provided to
third party carriers if the certification pertains to such carriers’ DA List Information
contained in Qwest’s database.
10.6.2.7 CLEC is responsible for ensuring that it has proper security measures in
place to protect the privacy of the End User information contained within the DA List
Information. CLEC must remove from its database any telephone number for an End
User whose listing has become non-published when so notified by Qwest.
10.6.2.8 Audits -- In accordance with Section 18, Qwest may request a
comprehensive audit of CLEC’s use of the DA List Information. In addition to the terms
specified in Section 18, the following also apply:
10.6.2.8.1 As used herein, "Audit" shall mean a comprehensive review of
the other Party’s delivery and use of the DA List Information provided hereunder
and such other Party’s performance of its obligations under this Agreement.
Either Party (the "Requesting Party) may perform up to two (2) Audits per 12-
month period commencing with the effective date of this Agreement. Qwest shall
be entitled to "seed" or specially code some or all of the DA List Information 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 Section
10.6.2.2 above.
10.6.2.8.2 All paper and electronic records will be subject to audit.
10.6.2.9 CLEC recognizes that certain carriers who have provided DA List
Information that is included in Qwest’s database may be third party beneficiaries of this
Agreement for purposes of enforcing any terms and conditions of the Agreement other
than payment terms with respect to their D A List Information.
10.6.2.10 Qwest will provide a non-discriminatory process and procedure for
contacting End Users with non-published telephone numbers in emergency situations for
non-published telephone numbers that are included in Qwest’s Directory Assistance
Database. Such process and procedure will be available to CLEC for CLEC’s use when
CLEC provides its own Directory Assistance and purchases Qwest’s Directory
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Assistance List product.
10.6.3 Rate Elements
Recurring and nonrecurring rate elements for DA List Information are described below and are
contained in Exhibit A of this Agreement.
10.6.3.1 Initial Database Load -- A "snapshot" of data in the Qwest DA List
Information database or portion of the database at the time the order is received.
10.6.3.2 Reload -- A "snapshot" of the data in the Qwest DA List Information
database or portion of the database required in order to refresh the data in CLEC’s
database.
10.6.3.3 Daily Updates -- Daily change activity affecting DA List Information in the
listings database.
10.6.3.4 One-Time Set-Up Fees -- Charges for special database loads.
10.6.3.5 Output Charges -- Media charges resulting from either the electronic
transmission or tape delivery of the DA List Information, including any shipping costs.
10.6.4 Ordering
10.6.4.1 CLEC may order the initial DA List Information load or update files for
Qwest’s local Exchange Service areas in its 14 state operating territory or, where
Technically Feasible, CLEC may order the initial DA List Information load or update files
by Qwest White Page Directory Code or NPA.
10.6.4.2 Special requests for data at specific geographic levels (such as NPA)
must be negotiated in order to address data integrity issues.
10.6.4.3 CLEC shall use the Directory Assistance List Order Form found in the
PCAT.
10.7 Toll and Assistance Operator Services
10.7.1 Description
10.7.1.1 Toll and assistance operator services are a family of offerings that assist
End Users in completing EAS/local and long distance calls. Qwest provides non-
discriminatory access to Qwest operator service centers, services and personnel.
10.7.1.1.1 Local Assistance. Assists CLEC End Users requesting help or
information on placing or completing EAS/local calls, connects CLEC End Users
to home NPA directory assistance, and provides other information and guidance,
including referral to the business office and repair, as may be consistent with
Qwest’s customary practice for providing End User assistance.
10.7.1.1.2 IntraLATA Toll Assistance. Qwest will direct CLEC’s End User
to contact its provider to complete InterLATA toll calls. Nothing in this Section is
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intended to obligate Qwest to provide any toll services to CLEC or CLEC’s End
Users.
10.7.1.1.3 Emergency Assistance. Provide assistance for handling a
CLEC End User’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 (BLV) is performed when a calling party
requests assistance from the operator bureau to determine if the called line is in
use. The operator will not complete the call for the calling 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 a calling party
requests assistance from the operator to interrupt a telephone call in progress.
The operator will interrupt the busy line and inform the called party that there is a
call waiting. The operator will not connect the calling and called parties. The
operator will 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 – Provide time and charges to hotel/motel and
other CLEC End Users for guest/account identification.
10.7.2 Terms and Conditions
10.7.2.1 For facility-based CLECs, Interconnection to Qwest’s Operator Services
Switch is Technically Feasible at two 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 Qwest’s operator services as a facility-based
CLEC, CLEC must provide an operator service trunk between CLEC's end office 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 BLV/BLI
traffic between the Parties' networks.
10.7.2.6 CLEC will provide separate no-test trunks (not the local/IntraLATA
trunks) to the Qwest BLV/BLI hub or to the Qwest Operator Services Switches.
10.7.2.7 Qwest will perform Operator Services in accordance with operating
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methods, practices, and standards in effect for all its End Users. Qwest will respond to
CLEC’s End User calls to Qwest’s operator services according to the same priority
scheme as it responds to Qwest's End User calls. Calls to Qwest's operator services
are handled on a first come, first served basis, without regard to whether calls are
originated by CLEC or Qwest End Users.
10.7.2.8 Qwest will 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
Users, and to the extent it does so, Qwest will provide forty five (45) days advance
written notice to CLEC of such changes.
10.7.2.9 Qwest shall maintain adequate equipment and personnel to reasonably
perform the Operator Services. CLEC shall provide and maintain the facilities necessary
to connect its End Users 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.
10.7.2.10 Call Branding is an optional service available to CLEC. Call Branding
announces CLEC’s name to CLEC’s End User at the start of the call and at the
completion of the call. If CLEC selects the Call Branding option, Qwest will provide Call
Branding to CLEC where Technically Feasible.
a) Front End Brand – Announces CLEC’s name to CLEC’s End User at
the start of the call. There is a nonrecurring charge to setup and record the Front
End Brand message.
b) Back End Brand – Announces CLEC’s name to CLEC’s End User at
the completion of the call. There is a nonrecurring charge to setup and record
the Back End Brand message.
10.7.2.11 Call branding for toll and operator services will entail recording and setup
of a brand message. Qwest will record CLEC’s branded message. Dedicated interoffice
facilities will be required.
10.7.2.12 Call Branding also entails a nonrecurring charge to load CLEC’s branded
message in each Switch.
10.7.2.13 CLEC’s End Users may dial "0" or "0+" to access Qwest operator
services. A facility-based CLEC may choose to have its End Users access Qwest
operators by dialing a unique number or by using the same dialing pattern as Qwest End
Users.
10.7.3 Rate Elements
Qwest toll and assistance operator services are offered under two pricing options. Option A
offers a per message rate structure. Option B offers a work second and a per call structure.
Applicable recurring and nonrecurring rate elements are detailed below and in Exhibit A of this
Agreement.
10.7.3.1 Option A - Operator Services Rate Elements
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10.7.3.1.1 Operator Handled Calling Card – For each completed calling
card call that was dialed 0+ where the operator entered the calling card number.
10.7.3.1.2 Machine Handled Calling Card – For each completed call that
was dialed 0+ where the End User entered the required information, such as
calling card number.
10.7.3.1.3 Station Call – For each completed station call, including station
sent paid, collect, third number special billing or 0- calling card call.
10.7.3.1.4 Person Call – For each completed person to person call
regardless of the billing used by the End User.
10.7.3.1.5 Connect to Directory Assistance – For each operator placed call
to directory assistance.
10.7.3.1.6 Busy Line Verify – For each call where the operator determines
that conversation exists on a line.
10.7.3.1.7 Busy Line Interrupt – 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 – For each EAS/local call, whether
completed or not, that does not potentially generate an operator surcharge.
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 the End User requests information from the operator and
no attempt is made to complete a call; and calls for quote service.
10.7.3.1.9 "Completed call" as used in this Section shall mean that the End
User makes contact with the location, telephone number, person or extension
designated by the End User.
10.7.3.2 Option B - Per Work Second and Computer Handled Calls
10.7.3.2.1 Operator Handled - CLEC will be charged per work second for
all calls originating from its End Users and facilities that are routed to Qwest's
operator for handling. Work second charging begins when the Qwest operator
position connects with CLEC's End User and terminates when the connection
between the Qwest operator position and CLEC’s End User is terminated.
10.7.3.2.2 Machine Handled - calls that are routed without operator
intervention. Machine handled calls include, but are not limited to, credit card
calls where the End User enters the calling card number, calls originating from
coin telephones where the computer requests deposit of coins, additional End
User key actions, recording of End User voice, etc.
10.7.3.3 Call Branding Nonrecurring Charge. Qwest will charge to CLEC a
nonrecurring setup and recording fee for establishing Call Branding and loading each
Switch with CLEC’s branded message. CLEC must pay such nonrecurring charges prior
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to commencement of the service. The nonrecurring set-up and recording charge will
apply each time CLEC’s brand message is changed. The nonrecurring charge to load
the Switches with CLEC’s branded message will be assessed each time there is any
change to the Switch.
10.7.4 Ordering Process
CLEC will order Operator Services by completing the "Qwest Operator Services/Directory
Assistance Questionnaire for Local Service Providers." Copies of this questionnaire may be
obtained from CLEC's designated Qwest account manager.
10.7.5 Billing
10.7.5.1 Qwest will track usage and bill CLEC for the calls placed by CLEC’s End
Users and facilities.
10.7.5.2 Qwest will compute CLEC’s invoice based on both Option A (Price Per
Message) and Option B (Price Per Work Second and Computer Handled Calls). Qwest
will charge CLEC whichever option results in a lower charge.
10.7.5.3 If, due to equipment malfunction or other error, Qwest does not have
available the necessary information to compile an accurate billing statement, Qwest may
render a reasonably estimated bill, but shall notify CLEC of the methods of such
estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate.
Qwest shall render a bill reflecting actual billable quantities when and if the information
necessary for the billing statement becomes available.
10.8 Access to Poles, Ducts, Conduits, and Rights of Way
10.8.1 Description
10.8.1.1 Pole Attachments – Where it has ownership or control to do so, Qwest
will provide CLEC with access to available pole attachment space for the placing of
facilities for the purpose of transmitting Telecommunications Services.
10.8.1.1.1 The term pole attachment means any attachment by CLEC to a
pole owned or controlled by Qwest.
10.8.1.2 Ducts and Conduits – Where it has ownership or control to do so, Qwest
will provide CLEC with access to available ducts/conduits for the purpose of placing
facilities for transmitting Telecommunications Services. A spare duct/conduit will be
leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC
may place innerduct in an empty duct/conduit. Control of CLEC-installed spare
innerduct shall vest in Qwest immediately upon installation; ownership of such innerduct
shall vest to Qwest if and when CLEC abandons such innerduct.
10.8.1.2.1 The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may
follow streets, bridges, public or private ROW or may be within some portion of a
multi-unit building. Within a multi-unit building, duct and conduit may traverse
building entrance facilities, building entrance links, equipment rooms, remote
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terminals, cable vaults, telephone closets or building riser. The terms Duct and
Conduit include riser conduit.
10.8.1.2.2 The term innerduct means a duct-like raceway smaller than a
duct/conduit that is inserted into a duct/conduit so that the duct may typically
carry three cables.
10.8.1.3 Rights of Way (ROW) – Where it has ownership or control to do so,
Qwest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to
Exhibit D, access to available ROW for the purpose of placing telecommunications
facilities. ROW includes land or other property owned or controlled by Qwest and may
run under, on, above, across, along or through public or private property or enter multi-
unit buildings.
10.8.1.3.1 ROW means a real property interest in privately-owned real
property, but expressly excluding any public, governmental, federal or Native
American, or other quasi-public or non-private lands, sufficient to permit Qwest to
place telecommunications facilities on such real property; such property owner
may permit Qwest to install and maintain facilities under, on, above, across,
along or through private property or enter multi-unit buildings. Within a multi-unit
building, a ROW includes a pathway that is actually used or has been specifically
designated for use by Qwest as part of its transmission and distribution network
where the boundaries of the pathway are clearly defined either by written
specifications or unambiguous physical demarcation.
10.8.1.4 Intentionally Left Blank.
10.8.1.5 The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to Qwest through express
or implied agreements, or through Applicable Rules as defined in this Agreement.
10.8.2 Terms and Conditions
Qwest shall provide CLEC non-discriminatory access to poles, ducts, conduit and rights of way
on terms and conditions found in the Revised Qwest Right of Way, Pole Attachment and/or
Duct/Innerduct Occupancy General Information Document, attached hereto as Exhibit D. Qwest
will not favor itself over CLEC when Provisioning access to poles, ducts, conduits and rights of
way (ROW). Qwest shall not give itself preference when assigning space.
10.8.2.1 Subject to the provisions of this Agreement, Qwest agrees to issue to
CLEC authorization for CLEC to attach, operate, maintain, rearrange, transfer and
remove at its sole expense its facilities on poles/duct/innerduct or ROW owned or
controlled in whole or in part by Qwest, subject to Orders placed by CLEC. Any and all
rights granted to CLEC shall be subject to and subordinate to any future local, state
and/or federal requirements.
10.8.2.2 Qwest will rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and general
engineering principles.
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10.8.2.3 Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), will continue to apply to the extent such requirements affect requests for
attachments or occupancy to Qwest facilities under Section 224(f)(1) of the Act.
10.8.2.4 CLEC shall provide access to a map of the requested
poles/duct/innerduct/ROW route, including estimated distances between major points,
the identification and location of the poles/duct/innerduct and ROW and a description of
CLEC’s facilities. Qwest agrees to provide to CLEC access to relevant plats, maps,
engineering records and other data within ten (10) business days of receiving a request
for such information, except in the case of extensive requests. Extensive requests
involve the gathering of plats from more than one (1) location, span more than five (5)
Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted
simultaneously. Responses to extensive requests will be provided within a reasonable
interval, not to exceed forty-five (45) calendar days.
10.8.2.5 Except as expressly provided herein, or in the Pole Attachment Act of
1934 as amended and its regulations and rules, or in any applicable state or municipal
laws, nothing herein shall be construed to compel Qwest to construct, install, modify or
place any poles/duct/innerduct or other facility for use by CLEC.
10.8.2.6 Qwest retains the right to determine the availability of space on
poles/duct/innerduct, duct, conduit and ROW consistent with 47 USC § 224 and FCC
orders, rules and regulations pursuant to 47 USC § 224. In the event Qwest determines
that rearrangement of the existing facilities on poles, innerduct, duct/conduit and ROW is
required before CLEC’s facilities can be accommodated, the actual cost of such
modification will be included in CLEC’s nonrecurring charges for the associated Order
(Make-Ready fee). When modifications to a Qwest spare duct/conduit include the
placement of innerduct, Qwest or CLEC will install the number of innerduct required to fill
the duct/conduit to its full capacity.
10.8.2.7 Qwest shall make manhole ingress and egress for duct/innerduct access
available to CLEC. Qwest will perform a feasibility study to determine whether to
provide a stub out via the pre-constructed knock out within the manhole, or to perform a
core drill of the manhole.
10.8.2.8 Where such authority does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct
on governmental, federal, Native American, and private rights of way. CLEC shall obtain
any permits, licenses, bonds, or other necessary legal authority and permission, at
CLEC’s sole expense, in order to perform its obligations under this Agreement. CLEC
shall contact all owners of public and private rights-of-way to obtain the permission
required to perform the work prior to entering the property or starting any work thereon.
See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits.
Once such permission is obtained, all such work may be performed by Qwest or CLEC
at the option of CLEC.
10.8.2.9 Access to a Qwest Central Office manhole will be permitted where
Technically Feasible. If space is available, Qwest will allow access through the Central
Office manhole to the POI (Point of Interconnection). There shall be a presumption that
there shall be no fiber splices allowed in the Central Office manhole. However, where
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CLEC can establish the necessity and technical feasibility of splicing in the Central
Office manhole, such action shall be permitted.
10.8.2.10 Replacement/Modification/Installation - If CLEC requests Qwest to
replace or modify existing poles/duct/innerduct to increase its strength or capacity for the
sole benefit of CLEC, CLEC shall pay Qwest the total actual replacement cost, Qwest’s
actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, and
the actual cost for removal (including actual cost of destruction) of the replaced
poles/duct/innerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to
Qwest.
10.8.2.10.1 Upon request, Qwest shall permit CLEC to install
poles/duct/innerduct. Qwest reserves the right to reject any non-conforming
replacement pole/duct/innerduct installed by CLEC that do not conform to the
NESC, OSHA or local ordinances.
10.8.2.10.2 To the extent that a modification is incurred for the benefit of
multiple parties, CLEC shall pay a proportionate share of the total actual cost
based on the ratio of the amount of new space occupied by the facilities of CLEC
to the total amount of space occupied by all parties including Qwest or its
Affiliates participating in the modification. Parties who do not initiate, request or
receive additional space from a modification, are not required to share in the cost
of the modification. CLEC, Qwest or any other party that uses a modification as
an opportunity to bring its facilities into compliance with applicable safety or other
requirements will be deemed to be sharing in the modification and will be
responsible for its share of the modification cost. Attaching entities will not be
responsible for sharing in the cost of governmentally mandated pole or other
facility modification.
10.8.2.10.3 The modifying party or parties may recover a proportionate
share of the modification costs from parties that later are able to obtain access as
a result of the modification. The proportionate share of the subsequent attacher
will be reduced to take account of depreciation to the pole or other facility that
has occurred since the modification. The modifying party or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. Qwest shall
not be responsible for maintaining records regarding modification costs on behalf
of attaching entities.
10.8.2.11 Notification of modifications initiated by or on behalf of Qwest and at
Qwest’s expense shall be provided to CLEC at least sixty (60) calendar days prior to
beginning modifications. Such notification shall include a brief description of the nature
and scope of the modification. If CLEC does not respond to a requested rearrangement
of its facilities within sixty (60) days after receipt of written notice from Qwest requesting
rearrangement, Qwest may perform or have performed such rearrangement and CLEC
shall pay the actual cost thereof. No such notice shall be required in emergency
situations or for routine maintenance of poles/duct/innerduct completed at Qwest’s
expense.
10.8.2.12 Qwest reserves the right to make an on-site/final construction inspection
of CLEC’s facilities occupying the poles/duct/innerduct system. CLEC shall reimburse
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Qwest for the actual cost of such inspections except where specified in this Section.
10.8.2.13 When final construction inspection by Qwest has been completed, CLEC
shall correct such non-complying conditions within the reasonable period of time
specified by Qwest in its written notice. If corrections are not completed within the
specified reasonable period, occupancy authorizations for the ROW,
poles/duct/innerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether CLEC has energized the facilities occupying
said poles/duct/innerduct or ROW system and CLEC shall remove its facilities from said
poles/duct/innerduct or ROW in accordance with the provisions of this Section, provided,
however, if the corrections physically cannot be made within such specified time, and
CLEC has been diligently prosecuting such cure, CLEC shall be granted a reasonable
additional time to complete such cure. Qwest may deny further occupancy authorization
to CLEC until such non-complying conditions are corrected or until CLEC’s facilities are
removed from the poles/duct/innerduct system where such non-complying conditions
exist. If agreed between both Parties, Qwest shall perform or have performed such
corrections and CLEC shall pay Qwest the actual cost of performing such work.
Subsequent inspections to determine if appropriate corrective actions have been taken
may be made by Qwest.
10.8.2.14 Once CLEC’s facilities begin occupying the poles/duct/innerduct or ROW
system, Qwest may perform a reasonable number of inspections. Qwest shall bear the
cost of such inspections unless the results of the inspection reveal a material violation or
hazard, or that CLEC has in any other way failed to comply with the provisions of
Section 10.8.2.20; in which case CLEC shall reimburse Qwest the costs of inspections
and re-inspections, as required. CLEC’s representative may accompany Qwest on such
field inspections. The cost of periodic inspection or any special inspections found
necessary due to the existence of sub-standard or unauthorized occupancies shall be
billed separately.
10.8.2.15 The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be billed to CLEC upon completion
of the inspections.
10.8.2.16 Final construction, subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve CLEC of any responsibilities, obligations, or
liability assigned under this Agreement.
10.8.2.17 CLEC may use individual workers of its choice to perform any work
necessary for the attaching of its facilities so long as such workers have the same
qualifications and training as Qwest’s workers. CLEC may use any contractor approved
by Qwest to perform Make-Ready Work.
10.8.2.18 If Qwest terminates an Order for cause, or if CLEC terminates an Order
without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to the
amount of fees and charges remaining on the terminated Order(s) and shall remove its
facilities from the poles/duct/innerduct within sixty (60) calendar days, or cause Qwest to
remove its facilities from the poles/duct/innerduct at CLEC’s expense; provided,
however, that CLEC shall be liable for and pay all fees and charges provided for in this
Agreement to Qwest until CLEC’s facilities are physically removed. "Cause" as used
herein shall include CLEC’s use of its facilities in material violation of any applicable law
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or in aid of any unlawful act or making an unauthorized modification to Qwest’s
poles/duct/innerduct, or, in the case of ROW, any act or omission that violates the terms
and conditions of either (a) the Access Agreement by which Qwest conveys a right of
access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest
or its predecessor.
10.8.2.19 Qwest may abandon or sell any poles/innerduct, duct/conduit or ROW at
any time by giving written notice to CLEC. Any poles, innerduct, duct/conduit or ROW
that is sold, will be sold subject to all existing legal rights of CLEC. Upon abandonment
of poles/innerduct, duct/conduit or ROW, and with the concurrence of the other joint
user(s), if necessary, CLEC shall, within sixty (60) calendar days of such notice, either:
1) continue to occupy the poles/innerduct, duct/conduit or ROW pursuant to its existing
rights under this Agreement if the poles/innerduct, duct/conduit, or ROW is purchased by
another party; 2) purchase the poles/innerduct, duct/conduit or ROW from Qwest at the
current market value; or 3) remove its facilities therefrom. Failure to explicitly elect one
of the foregoing options within sixty (60) calendar days shall be deemed an election to
purchase the poles/innerduct, duct/conduit or ROW at the current market value if no
other party purchased the poles/innerduct, duct/conduit or ROW within this sixty (60) day
period.
10.8.2.20 CLEC’s facilities shall be placed and maintained in accordance with the
requirements and specifications of the current applicable standards of Telcordia Manual
of Construction Standards, the National Electrical Code, the National Electrical Safety
Code, and the rules and regulations of the Occupational Safety and Health Act, all of
which are incorporated by reference, and any governing authority having jurisdiction.
Where a difference in specifications exists, the more stringent shall apply.
Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest, its
Affiliates or any other Telecommunications Carrier is held. Failure to maintain facilities
in accordance with the above requirements or failure to correct as provided in Section
10.8.2.13 shall be cause for termination of the Order. CLEC shall in a timely manner
comply with all requests from Qwest to bring its facilities into compliance with these
terms and conditions.
10.8.2.21 Should Qwest under the provisions of this Agreement remove CLEC’s
facilities from the poles/duct/innerduct covered by any Order, Qwest will deliver the
facilities removed upon payment by CLEC of the cost of removal, storage and delivery,
and all other amounts due Qwest. If CLEC removes facilities from poles/duct/innerduct
for other than repair or maintenance purposes, no replacement on the
poles/duct/innerduct shall be made until all outstanding charges due Qwest for previous
occupancy have been paid in full. CLEC shall advise Qwest in writing as to the date on
which the removal of facilities from the poles/duct/innerduct has been completed.
10.8.2.22 If any facilities are found attached to poles/duct/innerduct for which no
order is in effect, Qwest, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual
fee per pole or per innerduct run between two (2) manholes for the number of years sine
the most recent inventory, or (b) five times the annual fee per pole or per innerduct run
between two (2) manholes. In addition, CLEC agrees to pay (a) interest on these fees at
a rate set for the applicable time period by the Internal Revenue Service for individual
underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25
U.S.C. § 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any audit
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required to identify unauthorized CLEC attachments. Qwest shall waive half the
unauthorized attachment fee if the following conditions are met: (1) CLEC cures such
unauthorized attachment (by removing it or submitting a valid Order for the attachment in
the form of Attachment 2 of Exhibit D, within thirty (30) days of written notification from
Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Qwest to take curative measures itself (e.g., pulling additional innerduct) prior to
cure by CLEC, (3) CLEC reimburses Qwest for cost of audit, or portion thereof, which
discovered the unauthorized attachment. Qwest shall also waive the unauthorized
attachment fee if the unauthorized attachment arose due to error by Qwest rather than
CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt
of written notification from Qwest of the unauthorized occupancy, a poles/duct/innerduct
application. If such application is not received by Qwest within the specified time period,
CLEC will be required to remove its unauthorized facility within thirty (30) calendar days
of the final date for submitting the required application, or Qwest may remove CLEC’s
facilities without liability, and the cost of such removal shall be borne by CLEC.
10.8.2.23 No act or failure to act by Qwest with regard to an unauthorized
occupancy shall be deemed as the authorization of the occupancy. Any subsequently
issued authorization shall not operate retroactively or constitute a waiver by Qwest of
any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject
to all liabilities of the Agreement in regard to said unauthorized occupancy from its
inception.
10.8.2.24 Qwest will provide CLEC non-discriminatory access to poles, innerducts,
ducts/conduits and ROW pursuant to 47 USC § 224 and FCC orders, rules and
regulations pursuant to 47 USC § 224. In the event of a conflict between this
Agreement, on one hand, and 47 USC § 224 and FCC orders, rules and regulations
pursuant to 47 USC § 224, on the other, 47 USC § 224 and FCC orders, rules and
regulations pursuant to 47 USC § 224 shall govern. Further, in the event of a conflict
between Exhibit D, on one hand, and this Agreement or 47 USC § 224 and FCC orders,
rules and regulations pursuant to 47 USC § 224, on the other, this Agreement or 47 USC
§ 224 and FCC orders, rules and regulations pursuant to 47 USC § 224 shall govern,
provided however, that any Access Agreement that has been duly executed,
acknowledged and recorded in the real property records for the county in which the
ROW is located shall govern in any event pursuant to its terms.
10.8.2.25 Nothing in this Agreement shall require Qwest to exercise eminent
domain on behalf of CLEC.
10.8.2.26 Upon CLEC request, Qwest will certify to a landowner with whom Qwest
has an ROW agreement, the following:
10.8.2.26.1 that the ROW agreement with Qwest does not preclude the
landowner from entering into a separate ROW agreement with CLEC; and
10.8.2.26.2 that there will be no penalty under the agreement between the
landowner and Qwest if the landowner enters into a ROW agreement with CLEC.
10.8.2.27 For purposes of permitting CLEC to determine whether Qwest has
ownership or control over duct/conduit or ROW within a specific multi-dwelling unit, if
CLEC requests a copy of an agreement between Qwest and the owner of a specific
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multi-dwelling unit that grants Qwest access to the multi-dwelling unit, Qwest will provide
the agreement to CLEC pursuant to the terms of this Section. CLEC will submit a
completed Attachment 1.A from Exhibit D that identifies a specific multi-unit dwelling or
route for each agreement.
10.8.2.27.1 Upon receipt of a completed Attachment 1.A, Qwest will prepare
and return an MDU information matrix, within ten (10) days, which will identify (a)
the owner of the multi-dwelling unit as reflected in Qwest’s records, and (b)
whether or not Qwest has a copy of an agreement that provides Qwest access to
the multi-dwelling unit in its possession. Qwest makes no representations or
warranties regarding the accuracy of its records, and CLEC acknowledges that
the original property owner may not be the current owner of the property.
10.8.2.27.2 Qwest grants a limited waiver of any confidentiality rights it may
have with regards to the content of the agreement, subject to the terms and
conditions in Section 10.8.2.27.3 and the Consent to Disclosure form. Qwest will
provide to CLEC a copy of an agreement listed in the MDU information matrix
that has not been publicly recorded after CLEC obtains authorization for such
disclosure from the third party owner(s) of the real property at issue by
presenting to Qwest an executed version of the Consent to Disclosure form that
is included in Attachment 4 to Exhibit D of this Agreement. In lieu of submission
of the Consent to Disclosure form, CLEC must comply with the indemnification
requirements in Section 10.8.4.1.3.
10.8.2.27.3 As a condition of its limited waiver of its right to confidentiality in
an agreement that provides Qwest access to a multi-dwelling unit that Qwest
provides to CLEC or that CLEC obtains from the multi-dwelling unit owner or
operator, Qwest shall redact all dollar figures from copies of agreements that
have not been publicly recorded that Qwest provides to CLEC and shall require
that the multi-dwelling unit owner or operator make similar redaction’s prior to
disclosure of the agreement.
10.8.2.27.4 In all instances, CLEC will use agreements only for the following
purposes: (a) to determine whether Qwest has ownership or control over duct,
conduits, or rights-of-way within the property described in the agreement; (b) to
determine the ownership of wire within the property described in the agreement;
or (c) to determine the Demarcation Point between Qwest facilities and the
Owner's facilities in the property described in the agreement. CLEC further
agrees that CLEC shall not disclose the contents, terms, or conditions of any
agreement provided pursuant to Section 10.8 to any CLEC agents or employees
engaged in sales, marketing, or product management efforts on behalf of CLEC.
10.8.3 Rate Elements
Qwest fees for attachments are in accordance with Section 224 of the Act and FCC orders,
rules and regulations promulgated thereunder, as well as the rates established by the
Commission including the following rates, are reflected in Exhibit A.
10.8.3.1 Inquiry Fee. A non-refundable pre-paid charge used to recover the costs
associated with performing an internal record review to determine if a requested route
and/or facility is available, or with respect to ROW, to determine the information
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necessary to create the ROW matrix, which identifies, for each ROW, the name of the
original grantor and the nature of the ROW (i.e., publicly recorded and non-recorded)
and the MDU matrix, which identifies each requested legal agreement between Qwest
and a third party who has a multi-unit building in Qwest’s possession that relates to
Telecommunications Services provided to or through real property owned by the third
party (MDU Agreement) and, for each such MDU Agreement, the name of the third
party. Separate Inquiry Fees apply for ROW, poles and duct/conduit/innerduct.
10.8.3.2 Field Verification Fee/Access Agreement Preparation Fee. In the case
of poles and duct/innerduct, the Field Verification Fee is a non-refundable pre-paid
charge which recovers the estimated actual costs for a field survey verification required
for a route and to determine scope of any required Make-Ready work. Separate Field
Verification Fees apply for poles and manholes. In the case of ROW, the Access
Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the
estimated actual costs for preparation of the Access Agreement for each ROW
requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be
billed in advance.
10.8.3.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up)
charge which recovers the cost of necessary work required to make the requested
facility/ROW available for access. For innerduct, this could include, but is not limited to,
the placing of innerduct in conduit/duct systems or core drilling of manholes. For pole
attachment requests, this could include, but is not limited to, the replacement of poles to
meet required clearances over roads or land. For ROW, this Make-Ready could include,
but is not limited to, personnel time, including attorney time. With respect to ROW,
Make-Ready work refers to legal or other investigation or analysis arising out of CLEC’s
failure to comply with the process described in Exhibit D for ROW, or other
circumstances giving rise to such work beyond the simple preparation of one or more
Access Agreements. The estimated pre-paid fee shall be billed in advance.
10.8.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the
occupancy, including during any Make-Ready period, of one (1) foot of pole space
(except for antenna attachment which requires two (2) feet). This fee shall be annual
unless CLEC requests that it be semi-annual.
10.8.3.5 Innerduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any Make-Ready period, of an innerduct on a per foot basis.
This fee shall be annual unless CLEC requests that it be semi-annual.
10.8.3.6 Access Agreement Consideration. A pre-paid fee which constitutes
consideration for conveying access to the ROW to CLEC. This fee shall be a one-time
(i.e. nonrecurring) fee.
10.8.4 Ordering
There are two (2) steps required before placing an Order for access to ROW, Duct/Innerduct
and Pole Attachment: Inquiry Review and Field Verification.
10.8.4.1 Inquiry Reviews. Upon receipt of an inquiry regarding ROW access,
Pole Attachment or Duct/Innerduct Occupancy, Qwest will provide CLEC with Exhibit D.
CLEC will review the documents and provide Qwest with maps of the desired area
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indicating the routes and entrance points for proposed attachment, proposed occupancy
or proposed CLEC construction on Qwest owned or controlled poles, duct/innerduct and
ROW as well as the street addresses of any multi-unit buildings upon or through which
CLEC proposes construction on ROW owned or controlled by Qwest. CLEC will include
the appropriate Inquiry Fee with a completed Attachment 1.A from Exhibit D.
10.8.4.1.1 Inquiry Review – Duct/Conduit/Innerduct. Qwest will complete
the database inquiry and prepare a duct/conduit structure diagram (referred to as
a "Flatline") which shows distances and access points (such as manholes).
Along with the Flatline will be estimated costs for field verification of available
facilities. These materials will be provided to the CLEC within ten (10) calendar
days or within the time frames of the applicable federal or state law, rule or
regulation.
10.8.4.1.2 Inquiry Review – Poles. Qwest will provide the name and
contact number for the appropriate local field engineer for joint validation of the
poles and route and estimated costs for field verification on Attachment 1.B of
Exhibit D within ten (10) calendar days of the request.
10.8.4.1.3 Inquiry Review – ROW. Qwest shall, upon request of CLEC,
provide the ROW matrix, the MDU matrix and a copy of all publicly recorded
agreements listed in those matrices to CLEC within ten (10) days of the request.
Qwest will provide to CLEC a copy of agreements listed in the matrices that have
not been publicly recorded if CLEC obtains authorization for such disclosure from
the third party owner(s) of the real property at issue by an executed version of
the Consent to Disclosure form, which is included in Exhibit D, Attachment 4.
Qwest may redact all dollar figures from copies of agreements listed in the
matrices that have not been publicly recorded that Qwest provides to CLEC. Any
dispute over whether terms have been redacted appropriately shall be resolved
pursuant to the dispute resolution procedures set forth in this Agreement.
Alternatively, in order to secure any agreement that has not been publicly
recorded, a CLEC may provide a legally binding and satisfactory agreement to
indemnify Qwest in the event of any legal action arising out of Qwest’s provision
of such agreement to CLEC. In that event, CLEC shall not be required to provide
an executed Consent to Disclosure form. Qwest makes no warranties concerning
the accuracy of the information provided to CLEC; CLEC expressly
acknowledges that Qwest’s files contain only the original ROW instruments, and
that the current owner(s) of the fee estate may not be the party identified in the
document provided by Qwest.
10.8.4.2 Field Verification – Poles Duct/Innerduct and Access Agreement
Preparation (ROW). CLEC will review the inquiry results and determine whether to
proceed with field verification for poles/ducts or Access Agreement preparation for ROW.
If field verification or Access Agreement preparation is desired, CLEC will sign and
return Attachment 1.B of Exhibit D along with a check for the relevant verification fee
(Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access
Agreement as consideration for the Access Agreement. Upon payment of the relevant
fee and Access Agreement consideration, if applicable, Qwest will provide, as
applicable: depending on whether the request is for duct/innerduct/conduit, ROW or
poles : (a) in the case of innerduct/duct/conduit, a field survey and site investigation of
the innerduct/duct/conduit, including the preparation of distances and drawings, to
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determine availability of existing innerduct/duct/conduit; identification of Make-Ready
costs required to provide space; the schedule in which the Make-Ready work will be
completed; and, the annual recurring prices associated with the attachment of facilities;
(b) in the case of ROW, the completed Access Agreement(s), executed and
acknowledged by Qwest. Upon completion of the Access Agreement(s) by CLEC, in
accordance with the instructions, terms and conditions set forth in Exhibit D, the Access
Agreement becomes effective to convey the interest identified in the Access Agreement
(if any). Any dispute regarding whether a legal agreement conveys a ROW shall be
resolved between CLEC and the relevant third party or parties, and such disputes shall
not involve Qwest; and/or (c) In the case of poles, estimates of Make-Ready costs and
the annual recurring prices associated with the attachment of facilities shall be provided
on Attachment 2 of Exhibit D and shall be completed not later than forty-five (45)
calendar days after CLEC’s submission of the inquiry request. Make-ready time, if any,
and CLEC review time, is not part of the forty-five (45) day interval. The Attachment 2
quotation shall be valid for ninety (90) calendar days.
10.8.4.2.1 CLEC-Performed Field Verification. At the option of CLEC, it
may perform its own field verification (in lieu of Qwest performing same) with the
following stipulations: 1) Verifications will be conducted by a Qwest approved
contractor; 2) A Qwest contractor will monitor the activity of CLEC contractor
and a current labor rate will be charged to CLEC; 3) CLEC will provide Qwest
with a legible copy of manhole butterfly drawings that reflect necessary Make-
Ready effort; and 4) Qwest will use CLEC-provided butterfly drawings and
documentation to check against existing jobs and provide a final field report of
available duct/innerduct. CLEC will be charged standard rates for Tactical
Planner time.
10.8.4.3 Order – Poles and Duct/Innerduct. The review, signing and return of
Attachment 2 of the General Information Document along with payment of the Make-
Ready and prorated recurring access charges for the current relevant period (annual or
semi-annual) shall be accepted as an Order for the attachment or occupancy. Upon
receipt of the accepted Order from CLEC and applicable payment for the fees identified,
Qwest will assign the requested space and commence any Make-Ready work which
may be required. Qwest will notify CLEC when poles/duct/innerduct are ready.
10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make-
Ready costs.
10.8.4.4.1 If Qwest requests, CLEC will be responsible for payment of the
actual Make-Ready costs determined if such costs exceed the estimate. Such
payment shall be made within thirty (30) days of receipt of an invoice for the
costs that exceed the estimate.
10.8.4.4.2 Within fifteen (15) business days of a request, Qwest will
provide CLEC copies of records reflecting actual cost of Make-Ready work;
provided, however, that, if Qwest does not possess all such records at the time of
the request, then Qwest will provide copies of such records within fifteen (15)
business days of receipt of such records. CLEC must request such records, if at
all, within sixty (60) calendar days after written notification of the completion of
the Make-Ready work.
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10.8.4.4.3 If the actual Make-Ready costs are less than the estimate, an
appropriate credit for the difference will be issued upon request. Such request
must be received within sixty (60) calendar days following CLEC’s receipt of
copies of records if CLEC has requested records under this paragraph, or within
sixty (60) calendar days after written notification of the completion of Make-
Ready work if CLEC has not requested records under this paragraph. Such
credit will issue within ten (10) business days of Qwest’s receipt of either all
records related to such actual costs or CLEC’s request for credit, whichever
comes last, but in no event later than ninety (90) calendar days following the
request for credit.
10.8.4.4.4 If CLEC cancels or if, due to circumstances unforeseen during
inquiry/verification, Qwest denies the request for poles, ducts or ROW, upon
CLEC request, Qwest will also refund the difference between the actual Make-
Ready costs incurred and those prepaid by CLEC, if any. Such request must be
made within thirty (30) calendar days of CLEC’s receipt of written denial or
notification of cancellation. Any such refund shall be made within ten (10)
business days of either receipt of CLEC’s request or Qwest’s receipt of all
records relating to the actual costs, whichever comes last, but in no event later
than ninety (90) calendar days following the denial.
10.8.5 Billing
CLEC agrees to pay the following fees in advance as specified in Exhibit A: Inquiry Fee, Field
Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee, Pole Attachment Fee,
Duct/Innerduct Occupancy Fee and Access Agreement Consideration. Make-Ready Fees will
be computed in compliance with applicable local, state and federal guidelines. Usage fees for
poles/duct/innerduct (i.e., Pole Attachment Fee and Duct/Innerduct Occupancy Fee) will be
assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual usage fees
for poles/duct/innerduct will be assessed as of January 1 of each year. Semi-annual usage fees
for poles/duct/innerduct will be assessed as of January 1 and July 1 of each year. All fees shall
be paid within thirty (30) days following receipt of invoices. All fees are not refundable except as
expressly provided herein.
10.8.6 Maintenance and Repair
In the event of any service outage affecting both Qwest and CLEC, repairs shall be effectuated
on a non-discriminatory basis as established by local, state or federal requirements. Where
such requirements do not exist, repairs shall be made in the following order: electrical,
telephone (EAS/local), telephone (long distance), and cable television, or as mutually agreed to
by the users of the affected poles/duct/innerduct.
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Section 11.0 - NETWORK SECURITY
11.1 Protection of Service and Property. Each Party shall exercise the same degree of
care to prevent harm or damage to the other Party and any third parties, its employees, agents
or End User Customers, or their property as it employs to protect its own personnel, End User
Customers and property, etc.
11.2 Each Party is responsible to provide security and privacy of communications.
This entails protecting the confidential nature of Telecommunications transmissions between
End User Customers during technician work operations and at all times. Specifically, no
employee, agent or representative shall monitor any circuits except as required to repair or
provide service of any End User Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or who participated in such
communications or even that such communication has taken place. Violation of such security
may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible
for covering its employees on such security requirements and penalties.
11.3 The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
11.4 Qwest and CLEC share responsibility for security and network protection for each
Collocation arrangement. Each Party’s employees, agents or representatives must secure its
own portable test equipment, spares, etc. and shall not use the test equipment or spares of
other parties. Use of such test equipment or spares without written permission constitutes theft
and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either
rolling or track, which CLEC may use in the course of work operations. Qwest assumes no
liability to CLEC, its agents, employees or representatives, if CLEC uses a Qwest ladder
available in the Wire Center.
11.5 Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party.
11.6 In the event that one Party’s employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties’ technicians at the site or by
telephone to each Party’s 24 x 7 security numbers.
11.7 Each Party shall comply at all times with Qwest security and safety procedures
and requirements while performing work activities on Qwest's Premises.
11.8 Qwest will allow CLEC to inspect or observe spaces which house or contain
CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys, entry
codes, lock combinations, or other materials or information which may be needed to gain entry
into any secured CLEC space, in a manner consistent with that used by Qwest.
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11.9 Qwest will limit the keys used in its keying systems for enclosed collocated
spaces which contain or house CLEC equipment or equipment enclosures to its employees and
representatives to emergency access only. CLEC shall further have the right to change locks
where deemed necessary for the protection and security of such spaces.
11.10 Keys may entail either metallic keys or combination electronic ID/key cards. It is
solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that office
security is always maintained. Qwest has similar responsibility for its employees.
11.11 CLEC will train its employees, agents and vendors on Qwest security policies and
guidelines.
11.12 When working on Qwest ICDF Frames or in Qwest's common or CLEC equipment
line-ups, Qwest and CLEC employees, agents and vendors agree to adhere to Qwest quality
and performance standards provided by Qwest and as specified in this Agreement.
11.13 CLEC shall report all material losses to Qwest Security. All security incidents are
to be referred directly to local Qwest Security – 1-888-879-7328. In cases of emergency, CLEC
shall call 911 and 1-888-879-7328.
11.14 Qwest and CLEC employees, agents and vendors will display the
identification/access card above the waist and visible at all times.
11.15 Qwest and CLEC shall ensure adherence by their employees, agents and
vendors to all applicable Qwest environmental health and safety regulations. This includes all
fire/life safety matters, OSHA, EPA, Federal, State and local regulations, including evacuation
plans and indoor air quality.
11.16 Qwest and CLEC employees, agents and vendors will secure and lock all doors
and gates.
11.17 CLEC will report to Qwest all property and equipment losses immediately, any lost
cards or keys, vandalism, unsecured conditions, security violations, anyone who is unauthorized
to be in the work area or is not wearing the Qwest identification/access card.
11.18 Qwest and CLEC’s employees, agents and vendors shall comply with Qwest
Central Office fire and safety regulations, which include but are not limited to, wearing safety
glasses in designated areas, keeping doors and aisles free and clean of trip hazards such as
wire, checking ladders before moving, not leaving test equipment or tools on rolling ladders, not
blocking doors open, providing safety straps and cones in installation areas, using electrostatic
discharge protection, and exercising good housekeeping.
11.19 Smoking is not allowed in Qwest buildings, Wire Centers, or other Qwest facilities.
No open flames shall be permitted anywhere within the buildings, Wire Centers or other
facilities. Failure to abide by this restriction may result in denial of access for that individual and
may constitute a violation of the access rules, subjecting CLEC employee, agent or vendor to
denial of unescorted access. Qwest shall provide written notice within five (5) calendar Days of
a CLEC violation of this provision to CLEC prior to denial of access and such notice shall
include: 1) identification of the violation of this provision and the personnel involved, 2)
identification of the safety regulation violated and 3) date and location of such violation. CLEC
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will have five (5) calendar Days to remedy any such violation for which it has received notice
from Qwest. In the event that CLEC fails to remedy any such violation of which it has received
notice within such five (5) calendar Days following receipt of such notice, CLEC shall be denied
unescorted access to the affected Premises. In the event CLEC disputes any action Qwest
seeks to take or has taken pursuant to this provision, CLEC may pursue immediate resolution
by expedited Dispute Resolution.
11.20 No flammable or explosive fluids or materials are to be kept or used anywhere
within the Qwest buildings or on the grounds.
11.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest
property are subject to this restriction as well.
11.22 Except as otherwise provided in this Agreement, CLEC’s employees, agents or
vendors may not make any modifications, alterations, additions or repairs to any space within
the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC its
employees or agents from performing modifications, alterations, additions or repairs to its own
equipment or facilities.
11.23 Qwest employees may request CLEC’s employees, agents or vendors to stop any
work activity that in their reasonable judgment is a jeopardy to personal safety or poses a
potential for damage to the Qwest Premises, Qwest equipment or Qwest services within the
facility until the situation is remedied. CLEC employees may report any work activity that in their
reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the
building, CLEC equipment or CLEC services within the facility to Qwest Service Assurance
(800-713-3666) and the reported work activity will be immediately stopped until the situation is
remedied. In the event such non-compliant activity occurs in a Qwest Central Office, notification
of the non-compliant activity may be made to the Central Office supervisor, and the Central
Office supervisor shall immediately stop the reported work activity until the situation is remedied.
The compliant Party shall provide immediate notice of the non-compliant work activity to the
non-compliant Party and such notice shall include: 1) identification of the non-compliant work
activity, 2) identification of the safety regulation violated, and 3) date and location of safety
violation. If such non-compliant work activities pose an immediate threat to the safety of the
other Party's employees, interference with the performance of the other Party's service
obligations, or pose an immediate threat to the physical integrity of the other Party's facilities,
the compliant Party may perform such work and/or take action as is necessary to correct the
condition at the non-compliant Party's expense. In the event the non-compliant Party disputes
any action the compliant Party seeks to take or has taken pursuant to this provision, the non-
compliant Party may pursue immediate resolution by expedited Dispute Resolution. If the non-
compliant Party fails to correct any safety non-compliance within ten (10) calendar Days of
written notice of non-compliance, or if such non-compliance cannot be corrected within ten (10)
calendar Days of written notice of non-compliance, and if the non-compliant Party fails to take
all appropriate steps to correct as soon as reasonably possible, the compliant Party may pursue
immediate resolution by expedited Dispute Resolution.
11.24 Qwest is not liable for any damage, theft or personal injury resulting from CLEC’s
employees, agents or vendors parking in a Qwest parking area.
11.25 CLEC’s employees, agents or vendors outside the designated CLEC access area
or without proper identification will be asked to vacate the Premises and Qwest security may be
notified. Continued violations may result in termination of access privileges. Qwest shall
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provide immediate notice of the security violation to CLEC and such notice shall include: 1)
identification of the security violation, 2) identification of the security regulation violated, and 3)
date and location of security violation. CLEC will have five (5) calendar Days to remedy any
such alleged security violation before any termination of access privileges for such individual. In
the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this
provision, CLEC may pursue immediate resolution by expedited or other Dispute Resolution.
11.26 Building related problems may be referred to the Qwest Work Environment
Centers:
800-879-3499 (CO, WY, AZ, NM)
800-201-7033 (all other Qwest states)
11.27 CLEC will submit a Qwest Collocation Access Application form for individuals
needing to access Qwest facilities. CLEC and Qwest will meet to review applications and
security requirements.
11.28 CLEC employees, agents and vendors will utilize only corridors, stairways and
elevators that provide direct access to CLEC’s space or the nearest restroom facility. Such
access will be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC will collect identification/access cards for any employees, agents or
vendors no longer working on behalf of CLEC and forward them to Qwest Security. If cards or
keys cannot be collected, CLEC will immediately notify Qwest at 800-210-8169.
11.30 CLEC will assist Qwest in validation and verification of identification of its
employees, agents and vendors by providing a telephone contact available seven (7) Days a
week, twenty-four (24) hours a Day.
11.31 Qwest and CLEC employees, agents and vendors will notify Qwest Service
Assurance (800-713-3666) prior to gaining access into a Central Office after hours, for the
purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00
a.m. to 5:00 p.m.
11.32 CLEC will notify Qwest if CLEC has information that its employee, agent or vendor
poses a safety and/or security risk. Qwest may deny access to anyone who in the reasonable
judgment of Qwest threatens the safety or security of facilities or personnel.
11.33 CLEC will supply to Qwest Security, and keep up to date, a list of its employees,
agents and vendors who require access to CLEC’s space. The list will include names and
social security numbers. Names of employees, agents or vendors to be added to the list will be
provided to Qwest Security, who will provide it to the appropriate Qwest personnel.
11.34 Revenue Protection. Qwest shall make available to CLEC all present and future
fraud prevention or revenue protection features. These features include, but are not limited to,
screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud
prevention, detection and control functionality within pertinent Operations Support Systems
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which include but are not limited to LIDB Fraud monitoring systems.
11.34.1 Uncollectable or unbillable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
11.34.2 Uncollectible or unbillable revenues resulting from the accidental or
malicious alteration of software underlying Network Elements or their subtending
Operational Support Systems by unauthorized third parties that could have reasonably
been avoided shall be the responsibility of the Party having administrative control of
access to said Network Element or operational support system software.
11.34.3 Qwest shall be responsible for any direct uncollectible or unbillable
revenues resulting from the unauthorized physical attachment to Loop facilities from the
Main Distribution Frame up to and including the Network Interface Device, including clip-
on fraud, if Qwest could have reasonably prevented such fraud.
11.34.4 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by CLEC, those costs will be borne by CLEC.
11.34.5 To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e.g., clip-on, missing information digits, missing toll
restriction, etc.).
11.34.6 If Qwest becomes aware of potential fraud with respect to CLEC's
accounts, Qwest will promptly inform CLEC and, at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
11.35 Law Enforcement Interface. Qwest provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
11.36 Qwest provides trap/trace, pen register and Title III assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours, Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services will be billed directly to the law enforcement agency,
without involvement of CLEC, for any lines served from Qwest Wire Centers or cross boxes.
11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross
boxes, whether the line is a resold line or part of an Unbundled Local Switching or Unbundled
Loop element, Qwest will perform trap/trace Title III and pen register assistance directly with law
enforcement. CLEC will not be involved or notified of such actions, due to non-disclosure court
order considerations, as well as timely response duties when law enforcement agencies are
involved. Exceptions to the above will be those cases, as yet undetermined, where CLEC must
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participate due to technical reasons wherein its circuitry must be accessed or modified to
comply with law enforcement, or for legal reasons that may evolve over time. CLEC will provide
Qwest with a twenty-four (24) hour a Day, seven (7) Days a week contact for processing such
requests, should they occur.
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Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
12.1 Description
12.1.1 Qwest has developed and shall continue to provide Operational Support System
(OSS) interfaces using electronic gateways and manual processes. These gateways act as a
mediation or control point between CLEC’s and Qwest’s OSS. These gateways provide security
for the interfaces, protecting the integrity of the Qwest OSS and databases. Qwest’s OSS
interfaces have been developed to support Pre-ordering, Ordering and Provisioning,
Maintenance and Repair and Billing. This section describes the interfaces and manual
processes that Qwest has developed and shall provide to CLEC. Additional technical
information and details shall be provided by Qwest in training sessions and documentation and
support, such as the "Interconnect Mediated Access User’s Guide." Qwest will continue to
make improvements to the electronic interfaces as technology evolves, Qwest's legacy systems
improve, or CLEC needs require. Qwest shall provide notification to CLEC consistent with the
provisions of the Change Management Process (CMP) set forth in Section 12.2.6.
12.1.2 Through its electronic gateways and manual processes, Qwest shall provide
CLEC non-discriminatory access to Qwest’s OSS for Pre-ordering, Ordering and Provisioning,
Maintenance and Repair, and Billing functions. For those functions with a retail analogue, such
as pre-ordering and ordering and Provisioning of resold services, Qwest shall provide CLEC
access to its OSS in substantially the same time and manner as it provides to itself. For those
functions with no retail analogue, such as pre-ordering and ordering and Provisioning of
Unbundled Elements, Qwest shall provide CLEC access to Qwest’s OSS sufficient to allow an
efficient competitor a meaningful opportunity to compete. Qwest will comply with the standards
for access to OSS set forth in Section 20. Qwest shall deploy the necessary systems and
personnel to provide sufficient access to each of the necessary OSS functions. Qwest shall
provide assistance for CLEC to understand how to implement and use all of the available OSS
functions. Qwest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC
equivalent access to all of the necessary OSS functions. Through its website, training,
disclosure documentation and development assistance, Qwest shall disclose to CLEC any
internal business rules and other formatting information necessary to ensure that CLEC's
requests and orders are processed efficiently. Qwest shall provide training to enable CLEC to
devise its own course work for its own employees. Through its documentation available to
CLEC, Qwest will identify how its interface differs from national guidelines or standards. Qwest
shall provide OSS designed to accommodate both current demand and reasonably foreseeable
demand.
12.2 OSS Support for Pre-Ordering, Ordering and Provisioning
12.2.1 Local Service Request (LSR) Ordering Process
12.2.1.1 Qwest shall provide electronic interface gateways for submission of
LSRs, including both an Electronic Data Interchange (EDI) interface and a Graphical
User Interface (GUI).
12.2.1.2 The interface guidelines for EDI are based upon the Order & Billing
Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication Industry
Forum (TCIF) Customer Service Guidelines; and the American National Standards
Institute/Accredited Standards Committee (ANSI ASC) X12 protocols. Exceptions to the
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above guidelines/standards shall be specified in the EDI disclosure documents.
12.2.1.3 The GUI shall provide a single interface for Pre-Order and Order
transactions from CLEC to Qwest and is browser based. The GUI interface shall be
based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup
Language (HTML), JAVA and the Transmission Control Protocol/Internet Protocol
(TCP/IP) to transmit messages.
12.2.1.4 Functions Pre Ordering - Qwest will provide real time, electronic access
to pre-order functions to support CLEC’s ordering via the electronic interfaces described
herein. Qwest will make the following real time pre-order functions available to CLEC:
12.2.1.4.1 Features, services and Primary Interexchange Carrier (PIC)
options for IntraLATA toll and InterLATA toll available at a valid service address;
12.2.1.4.2 Access to Customer Service Records (CSRs) for Qwest retail or
resale End User Customers. The information will include Billing name, service
address, Billing address, service and feature subscription, Directory Listing
information, and long distance Carrier identity;
12.2.1.4.3 Telephone number request and selection;
12.2.1.4.4 Reservation of appointments for service installations requiring
the dispatch of a Qwest technician on a non-discriminatory basis;
12.2.1.4.5 Information regarding whether dispatch is required for service
installation and available installation appointments
12.2.1.4.6 Service address verification;
12.2.1.4.7 Facility availability, Loop qualification, including resale-DSL, and
Loop make-up information, including, but not limited to, Loop length, presence of
Bridged Taps, repeaters, and loading coils. This Section 12.2.1.4.1.7 shall apply
only to CLEC orders for Unbundled Loops or Loop combinations.
12.2.1.4.8 A list of valid available CFAs for Unbundled Loops.
12.2.1.4.9 A list of one to five (1-5) individual Meet Points or a range of
Meet Points for shared Loops.
12.2.1.4.10 Design Layout Record (DLR) Query which provides the layout
for the local portion of a circuit at a particular location where applicable.
12.2.1.5 Dial-Up Capabilities
12.2.1.5.1 Reserved for Future Use.
12.2.1.5.2 Reserved for Future Use.
12.2.1.5.3 When CLEC requests from Qwest more than fifty (50) SecurIDs
for use by CLEC Customer service representatives at a single CLEC location,
CLEC shall use a T1 line instead of dial-up access at that location. If CLEC is
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obtaining the line from Qwest, then CLEC shall be able to use SECURIDs until
such time as Qwest provisions the T1 line and the line permits pre-order and
order information to be exchanged between Qwest and CLEC.
12.2.1.6 Access Service Request (ASR) Ordering Process
12.2.1.6.1 Qwest shall provide a computer-to-computer batch file interface
for submission of ASRs based upon the OBF Access Service Order Guidelines
(ASOG). Qwest shall supply exceptions to these guidelines in writing in sufficient
time for CLEC to adjust system requirements.
12.2.1.7 Facility Based EDI Listing Process
12.2.1.7.1 Qwest shall provide a Facility Based EDI Listing interface to
enable CLEC listing data to be translated and passed into the Qwest listing
database. This interface is based upon OBF LSOG and ANSI ASC X12
standards. Qwest shall supply exceptions to these guidelines/standards in
writing in sufficient time for CLEC to adjust system requirements.
12.2.1.8 Qwest will establish interface contingency plans and disaster recovery
plans for the interfaces described in this Section. Qwest will work cooperatively with
CLECs through the CMP process to consider any suggestions made by CLECs to
improve or modify such plans. CLEC specific requests for modifications to such plans
will be negotiated and mutually agreed upon between Qwest and CLEC.
12.2.1.9 Ordering and Provisioning - Qwest will provide access to ordering and
status functions. CLEC will populate the service request to identify what features,
services, or elements it wishes Qwest to provision in accordance with Qwest’s published
business rules.
12.2.1.9.1 Qwest shall provide all Provisioning services to CLEC during the
same business hours that Qwest provisions services for its End User Customers.
Qwest will provide out-of-hours Provisioning services to CLEC on a non-
discriminatory basis as it provides such Provisioning services to itself, its End
User Customers, its Affiliates or any other Party. Qwest shall disclose the
business rules regarding out-of-hours Provisioning on its wholesale website.
12.2.1.9.2 When CLEC places an electronic order, Qwest will provide
CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC will
follow industry-standard formats and contain the Qwest Due Date for order
completion. Upon completion of the order, Qwest will provide CLEC with an
electronic completion notice which follows industry-standard formats and which
states when the order was completed. Qwest supplies two (2) separate
completion notices: 1) service order completion (SOC) which notifies the CLEC
that the service order record has been completed, and 2) Billing completion that
notifies the CLEC that the service order has posted to the Billing system.
12.2.1.9.3 When CLEC places a manual order, Qwest will provide CLEC
with a manual Firm Order Confirmation notice. The confirmation notice will follow
industry-standard formats. Upon completion of the order, Qwest will provide
CLEC with a completion notice which follows industry-standard formats and
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which states when the order was completed. Qwest supplies two (2) separate
completion notices: 1) service order completion (SOC) which notifies the CLEC
that the service order record has been completed, and 2) Billing completion that
notifies the CLEC that the service order has posted to the Billing system.
12.2.1.9.4 When CLEC places an electronic order, Qwest shall provide
notification electronically of any instances when (1) Qwest’s Committed Due
Dates are in jeopardy of not being met by Qwest on any service or (2) an order is
rejected. The standards for returning such notices are set forth in Section 20.
12.2.1.9.5 When CLEC places a manual order, Qwest shall provide
notification of any instances when (1) Qwest’s Committed Due Dates are in
jeopardy of not being met by Qwest on any service or (2) an order is rejected.
The standards for returning such notices are set forth in Section 20.
12.2.1.9.6 Business rules regarding rejection of LSRs or ASRs are subject
to the provisions of Section 12.2.6.
12.2.1.9.7 Where Qwest provides installation on behalf of CLEC, Qwest
shall advise the CLEC End User Customer to notify CLEC immediately if the
CLEC End User Customer requests a service change at the time of installation.
12.2.1.10 Reserved for Future Use.
12.2.2 Maintenance and Repair
12.2.2.1 Qwest shall provide electronic interface gateways, including an
Electronic Bonding interface and a GUI interface, for reviewing a Customer's trouble
history at a specific location, conducting testing of a Customer's service where
applicable, and reporting trouble to facilitate the exchange of updated information and
progress reports between Qwest and CLEC while the Trouble Report (TR) is open and a
Qwest technician is working on the resolution. CLEC may also report trouble through
manual processes. For designed services, the TR will not be closed prior to verification
by CLEC that trouble is cleared.
12.2.3 Interface Availability
12.2.3.1 Qwest shall make its OSS interfaces available to CLECs during the
hours listed in the Gateway Availability PIDs in Section 20.
12.2.3.2 Qwest shall notify CLECs in a timely manner regarding system downtime
through mass email distribution and pop-up windows as applicable.
12.2.3.3 Reserved for Future Use.
12.2.4 Billing
12.2.4.1 For products billed out of the Qwest Interexchange Access Billing
System (IABS), Qwest will utilize the existing CABS/BOS format and technology for the
transmission of bills.
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12.2.4.2 For products billed out of the Qwest Customer Record Information
System (CRIS), Qwest will utilize the existing EDI standard for the transmission of
monthly local Billing information. EDI is an established standard under the auspices of
the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Billing. Any deviance from these standards and
guidelines shall be documented and accessible to CLEC.
12.2.5 Outputs
Output information will be provided to CLEC in the form of bills, files, and reports. Bills will
capture all regular monthly and incremental/usage charges and present them in a summarized
format. The files and reports delivered to CLEC come in the following categories:
Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facility Based Line Usage Information
SAG/FAM Street Address/Facility Availability Information
12.2.5.1 Bills
12.2.5.1.1 CRIS Summary Bill - The CRIS Summary Bill represents a
monthly summary of charges for most wholesale products sold by Qwest. This
bill includes a total of all charges by entity plus a summary of current charges
and adjustments on each sub-account. Individual sub-accounts are provided as
Billing detail and contain monthly, one-time charges and incremental/call detail
information. The Summary Bill provides one bill and one payment document for
CLEC. These bills are segmented by state and bill cycle. The number of bills
received by CLEC is dictated by the product ordered and the Qwest region in
which CLEC is operating.
12.2.5.1.2 IABS Bill - The IABS Bill represents a monthly summary of
charges. This bill includes monthly and one-time charges plus a summary of any
usage charges. These bills are segmented by product, LATA, Billing account
number (BAN) and bill cycle.
12.2.5.2 Files and Reports
12.2.5.2.1 Daily Usage Record File provides the accumulated set of call
information for a given Day as captured or recorded by the network Switches.
This file will be transmitted Monday through Friday, excluding Qwest holidays.
This information is a file of unrated Qwest originated usage messages and rated
CLEC originated usage messages. It is provided in ATIS standard Electronic
Message Interface (EMI) format. This EMI format is outlined in the document
SR-320; which can be obtained directly from ATIS. The Daily Usage Record File
contains multi-state data for the Data Processing Center generating this
information. Individual state identification information is contained with the
message detail. Qwest will provide this data to CLEC with the same level of
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precision and accuracy it provides itself. This file will be provided for the
following list of products:
a) Resale;
b) Unbundled Switch Port; and
c) UNE-P for POTS.
12.2.5.2.2 The charge for this Daily Usage Record File is contained in
Exhibit A of this Agreement.
12.2.5.2.3 Routing of in-region IntraLATA Collect, Calling Card, and Third
Number Billed Messages - Qwest will distribute in-region IntraLATA collect,
calling card, and third number billed messages to CLEC and exchange with other
CLECs operating in region in a manner consistent with existing inter-company
processing agreements. Whenever the daily usage information is transmitted to
a Carrier, it will contain these records for these types of calls as well.
12.2.5.2.4 Loss Report provides CLEC with a daily report that contains a
list of accounts that have had lines and/or services disconnected. This may
indicate that the End User Customer has changed CLECs or removed services
from an existing account. This report also details the order number, service
name and address, and date this change was made. Individual reports will be
provided for the following list of products:
a) Interim Number Portability;
b) Resale;
c) Unbundled Loop;
d) Unbundled Line Side Switch Port; and
e) UNE-P for POTS.
12.2.5.2.5 Completion Report provides CLEC with a daily report. This
report is used to advise CLEC that the order(s) for the service(s) requested is
complete. It details the order number, service name and address and date this
change was completed. Individual reports will be provided for the following list of
products:
a) Interim Number Portability;
b) Resale;
c) Unbundled Loop;
d) Unbundled Line Side Switch; and
e) UNE-P for POTS.
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12.2.5.2.6 Category 11 Records are Exchange Message Records (EMR)
which provide mechanized record formats that can be used to exchange access
usage information between Qwest and CLEC. Category 1101 series records are
used to exchange detailed access usage information.
12.2.5.2.7 Category 1150 series records are used to exchange
summarized Meet Point Billed access minutes-of-use. Qwest will make
accessible to CLEC through electronic means the transmission method/media
types available for these mechanized records.
12.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)/ FAM
(Features Availability Matrix) files contain the following information:
a) SAG provides Address and Serving Central Office Information.
b) FAM provides USOCs and descriptions by state (POTS services
only), and USOC availability by NPA-NXX with the exception of Centrex.
InterLATA/IntraLATA Carriers by NPA-NXX.
These files are made available via a download process. They can be retrieved by ftp (file
transfer protocol), NDM connectivity, or a Web browser.
12.2.6 Change Management
Qwest agrees to maintain a change management process, known as the Change Management
Process (CMP), that is consistent with or exceeds industry guidelines, standards and practices
to address Qwest’s OSS, products and processes. The CMP shall include, but not be limited to,
the following: (i) provide a forum for CLEC and Qwest to discuss CLEC and Qwest change
requests (CR), CMP notifications, systems release life cycles, and communications; (ii) provide
a forum for CLECs and Qwest to discuss and prioritize CRs, where applicable pursuant to
Exhibit G; (iii) develop a mechanism to track and monitor CRs and CMP notifications;
(iv) establish intervals where appropriate in the process; (v) processes by which CLEC impacts
that result from changes to Qwest’s OSS, products or processes can be promptly and effectively
resolved; (vi) processes that are effective in maintaining the shortest timeline practicable for the
receipt, development and implementation of all CRs; (vii) sufficient dedicated Qwest processes
to address and resolve in a timely manner CRs and other issues that come before the CMP
body; (viii) processes for OSS Interface testing; (ix) information that is clearly organized and
readily accessible to CLECs, including the availability of web-based tools; (x) documentation
provided by Qwest that is effective in enabling CLECs to build an electronic gateway; and (xi) a
process for changing CMP that calls for collaboration among CLECs and Qwest and requires
agreement by the CMP participants. Pursuant to the scope and procedures set forth in Exhibit
G, Qwest will submit to CLECs through the CMP, among other things, modifications to existing
products and product and technical documentation available to CLECs, introduction of new
products available to CLECs, discontinuance of products available to CLECs, modifications to
pre-ordering, ordering/Provisioning, maintenance/repair or Billing processes, introduction of pre-
ordering, ordering/Provisioning, Maintenance/Repair or Billing processes, discontinuance of pre-
ordering, ordering/Provisioning, maintenance/repair or Billing processes, modifications to
existing OSS interfaces, introduction of new OSS interfaces, and retirement of existing OSS
interfaces. Qwest will maintain as part of CMP an escalation process so that CMP issues can
be escalated to a Qwest representative authorized to make a final decision and a process for
the timely resolution of disputes. The governing document for CMP, known as the Change
Management Process, is attached as Exhibit G (the "CMP Document"). As of the date of filing,
the CMP Document (Exhibit G) is the subject of ongoing negotiations between Qwest and
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CLECs in the ongoing CMP redesign process. Not all of the sections of Exhibit G have been
discussed or considered during the ongoing CMP redesign process, and the CMP Document
will continue to be changed through those discussions. Exhibit G reflects the commitments
Qwest has made regarding maintaining its CMP as of the date of filing, and Qwest commits to
implement agreements made in the CMP redesign process as soon as practicable after they are
made. Following the completion of the CMP Document, Exhibit G will be subject to change
through the CMP process, as set forth in the CMP Document. Qwest will maintain the most
current version of the CMP Document on its wholesale website.
12.2.6.1 In the course of establishing operational ready system interfaces
between Qwest and CLEC to support local service delivery, CLEC and Qwest may need
to define and implement system interface specifications that are supplemental to existing
standards. CLEC and Qwest will submit such specifications to the appropriate
standards committee and will work towards their acceptance as standards.
12.2.6.2 Release updates will be implemented pursuant to the CMP set forth in
Exhibit G.
12.2.7 CLEC Responsibilities for Implementation of OSS Interfaces
12.2.7.1 Before any CLEC implementation can begin, CLEC must completely and
accurately answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once Qwest receives a complete and accurate New Customer
Questionnaire, Qwest and CLEC will mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.2.8 Qwest Responsibilities for On-going Support for OSS Interfaces
Qwest will support previous EDI releases for six (6) months after the next subsequent EDI
release has been deployed.
12.2.8.1 Qwest will provide written notice to CLEC of the need to migrate to a
new release.
12.2.8.2 Qwest will provide an EDI Implementation Coordinator to work with
CLEC for business scenario re-certification, migration and data conversion strategy
definition.
12.2.8.3 Re-certification is the process by which CLECs demonstrate the ability to
generate correct functional transactions for enhancements not previously certified.
Qwest will provide the suite of tests for re-certification to CLEC with the issuance of the
disclosure document.
12.2.8.4 Qwest shall provide training mechanisms for CLEC to pursue in
educating its internal personnel. Qwest shall provide training necessary for CLEC to use
Qwest's OSS interfaces and to understand Qwest's documentation, including Qwest's
business rules.
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12.2.9 CLEC Responsibilities for On-going Support for OSS Interfaces
12.2.9.1 If using the GUI interface, CLEC will take reasonable efforts to train
CLEC personnel on the GUI functions that CLEC will be using.
12.2.9.2 An exchange protocol will be used to transport EDI formatted content.
CLEC must perform certification testing of exchange protocol prior to using the EDI
interface.
12.2.9.3 Qwest will provide CLEC with access to a stable testing environment that
mirrors production to certify that its OSS will be capable of interacting smoothly and
efficiently with Qwest’s OSS. Qwest has established the following test processes to
assure the implementation of a solid interface between Qwest and CLEC:
12.2.9.3.1 Connectivity Testing – CLEC and Qwest will conduct
connectivity testing. This test will establish the ability of the trading partners to
send and receive EDI messages effectively. This test verifies the
communications between the trading partners. Connectivity is established during
each phase of the implementation cycle. This test is also conducted prior to
Controlled Production and before going live in the production environment if
CLEC or Qwest has implemented environment changes when moving into
production.
12.2.9.3.2 Stand-Alone Testing Environment (SATE) – Qwest has
developed a stand-alone testing environment to take pre-order and order
requests, pass them to the stand-alone database, and return responses to CLEC
during its development and implementation of EDI. SATE provides CLEC the
opportunity to validate its technical development efforts built via Qwest
documentation without the need to schedule test times. This testing verifies
CLEC’s ability to send correctly formatted EDI transactions through the EDI
system edits successfully for both new and existing releases. SATE uses test
account data supplied by Qwest. Qwest will make additions to the test beds and
test accounts as it introduces new OSS electronic interface capabilities, including
support of new products and services, new interface features, and functionalities.
All SATE pre-order queries and orders are subjected to the same edits as
production pre-order and order transactions. This testing phase is optional.
12.2.9.3.3 Interoperability Testing – CLEC has the option of participating
with Qwest in interoperability testing to provide CLEC with the opportunity to
validate technical development efforts and to quantify processing results.
Interoperability testing verifies CLEC’s ability to send correct EDI transactions
through the EDI system edits successfully. Interoperability testing requires the
use of valid data in Qwest production systems. All interoperability pre-order
queries and order transactions are subjected to the same edits as production
orders. This testing phase is optional when CLEC has conducted Stand-Alone
Testing successfully. Qwest shall process pre-order transactions in Qwest's
production OSS and order transactions through the business processing layer of
the EDI interfaces.
12.2.9.3.4 Controlled Production – Qwest and CLEC will perform controlled
production. The controlled production process is designed to validate the ability
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of CLEC to transmit EDI data that completely meets X12 standards definitions
and complies with all Qwest business rules. Controlled production consists of
the controlled submission of actual CLEC production requests to the Qwest
production environment. Qwest treats these pre-order queries and orders as
production pre-order and order transactions. Qwest and CLEC use controlled
production results to determine operational readiness. Controlled production
requires the use of valid account and order data. All certification orders are
considered to be live orders and will be provisioned.
12.2.9.3.5 If CLEC is using EDI, Qwest shall provide CLEC with a pre-
allotted amount of time to complete certification of its business scenarios. Qwest
will allow CLEC a reasonably sufficient amount of time during the Day and a
reasonably sufficient number of Days during the week to complete certification of
its business scenarios consistent with the CLEC's business plan. It is the sole
responsibility of CLEC to schedule an appointment with Qwest for certification of
its business scenarios. CLEC must make every effort to comply with the agreed
upon dates and times scheduled for the certification of its business scenarios. If
the certification of business scenarios is delayed due to CLEC, it is the sole
responsibility of CLEC to schedule new appointments for certification of its
business scenarios. Qwest will make reasonable efforts to accommodate CLEC
schedule. Conflicts in the schedule could result in certification being delayed. If
a delay is due to Qwest, Qwest will honor CLEC’s schedule through the use of
alternative hours.
12.2.9.4 If CLEC is using the EDI interface, CLEC must work with Qwest to certify
the business scenarios that CLEC will be using in order to ensure successful transaction
processing. Qwest and CLEC shall mutually agree to the business scenarios for which
CLEC requires certification. Certification will be granted for the specified release of the
EDI interface. If CLEC is certifying multiple products or services, CLEC has the option of
certifying those products or services serially or in parallel where Technically Feasible.
12.2.9.4.1 For a new software release or upgrade, Qwest will provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. For software releases and upgrades,
Qwest has implemented the testing processes set forth in Section 12.2.9.3.2,
12.2.9.3.3 and 12.2.9.3.4.
12.2.9.4.2 Intentionally Left Blank.
12.2.9.5 New releases of the EDI interface may require re-certification of some or
all business scenarios. A determination as to the need for re-certification will be made
by the Qwest coordinator in conjunction with the release manager of each IMA EDI
release. Notice of the need for re-certification will be provided to CLEC as the new
release is implemented. The suite of re-certification test scenarios will be provided to
CLEC with the disclosure document. If CLEC is certifying multiple products or services,
CLEC has the option of certifying those products or services serially or in parallel, where
Technically Feasible.
12.2.9.6 CLEC will contact the Qwest EDI Implementation Coordinator to initiate
the migration process. CLEC may not need to certify to every new EDI release,
however, CLEC must complete the re-certification and migration to the new EDI release
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within six (6) months of the deployment of the new release. CLEC will use reasonable
efforts to provide sufficient support and personnel to ensure that issues that arise in
migrating to the new release are handled in a timely manner.
12.2.9.6.1 The following rules apply to initial development and certification
of EDI interface versions and migration to subsequent EDI interface versions:
12.2.9.6.1.1 Stand Alone and/or Interoperability testing must
begin on the prior release before the next release is implemented.
Otherwise, CLEC will be required to move their implementation plan to
the next release.
12.2.9.6.1.2 New EDI users must be certified and in production
with at least one product and one order activity type on a prior release
two (2) months after the implementation of the next release. Otherwise,
CLEC will be required to move their implementation plan to the next
release.
12.2.9.6.1.3 Any EDI user that has been placed into production
on the prior release not later than two (2) months after the next release
implementation may continue certifying additional products and activities
until two (2) months prior to the retirement of the release. To be placed
into production, the products/order activities must have been tested in the
SATE or Interoperability environment before two months after the
implementation of the next release.
12.2.9.7 CLEC will be expected to execute the re-certification test cases in the
stand alone and/or interoperability test environments. CLEC will provide Purchase
Order Numbers (PONs) of the successful test cases to Qwest.
12.2.9.8 In addition to the testing set forth in other sections of Section 12.2.9,
upon request by CLEC, Qwest shall enter into negotiations for comprehensive
production test procedures. In the event that agreement is not reached, CLEC shall be
entitled to employ, at its choice, the dispute resolution procedures of this Agreement or
expedited resolution through request to the state Commission to resolve any differences.
In such cases, CLEC shall be entitled to testing that is reasonably necessary to
accommodate identified business plans or operations needs, accounting for any other
testing relevant to those plans or needs. As part of the resolution of such dispute, there
shall be considered the issue of assigning responsibility for the costs of such testing.
Absent a finding that the test scope and activities address issues of common interest to
the CLEC community, the costs shall be assigned to the CLEC requesting the test
procedures.
12.2.9.9 Reserved for Future Use.
12.2.10 CLEC Support
12.2.10.1 Qwest shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. Qwest shall
provide to CLEC in writing any internal business rules and other formatting information
necessary to ensure that CLEC's requests and orders are processed efficiently. This
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assistance will include, but is not limited to, contacts to the CLEC account team, training,
documentation, and CLEC Help Desk. Qwest will also supply CLEC with an escalation
level contact list in the event issues are not resolved via contacts to the CLEC account
team, training, documentation and CLEC Help Desk.
12.2.10.2 CLEC Help Desk
12.2.10.2.1 The CLEC Systems Help Desk will provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availability, and file outputs. The CLEC Systems Help Desk areas are further
described below.
12.2.10.2.1.1 Connectivity covers trouble with CLEC’s access to
the Qwest system for hardware configuration requirements with relevance
to EDI and GUI interfaces; software configuration requirements with
relevance to EDI and GUI interfaces; modem configuration requirements,
T1 configuration and dial-in string requirements, firewall access
configuration, SecurID configuration, Profile Setup, and password
verification.
12.2.10.2.1.2 System Availability covers system errors generated
during an attempt by CLEC to place orders or open trouble reports
through EDI and GUI interfaces. These system errors are limited to:
Resale/POTS; UNE POTS; Design Services and Repair.
12.2.10.2.1.3 File Outputs covers CLEC’s output files and reports
produced from its usage and order activity. File outputs system errors are
limited to: Daily Usage File; Loss / Completion File, IABS Bill, CRIS
Summary Bill, Category 11 Report and SAG/FAM Reports.
12.2.10.3 Additional assistance to CLECs is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on Qwest’s wholesale web
site. Qwest will provide an Interconnect Service Center Help Desks which will provide a
single point of contact for CLEC to gain assistance in areas involving order submission
and manual processes.
12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring OSS startup charges, as applicable, will be billed at rates set forth
in Exhibit A. Any such rates will be consistent with Existing Rules. Qwest shall not impose any
recurring or nonrecurring OSS start up charges unless and until the Commission authorizes
Qwest to impose such charges and/or approves applicable rates at the completion of
appropriate cost docket proceedings.
12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 Qwest will provide repair and maintenance for all services covered by
this Agreement in substantially the same time and manner as that which Qwest provides
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for itself, its End User Customers, its Affiliates, or any other party. Qwest shall provide
CLEC repair status information in substantially the same time and manner as Qwest
provides for its retail services.
12.3.1.2 During the term of this Agreement, Qwest will provide necessary
maintenance business process support to allow CLEC to provide similar service quality
to that provided by Qwest to its itself, its End User Customers, its Affiliates, or any other
party.
12.3.1.3 Qwest will perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affiliates, or any other party. Trouble calls from CLEC shall receive response time
priority that is substantially the same as that provided to Qwest, its End User Customers,
its Affiliates, or any other party and shall be handled in a nondiscriminatory manner.
12.3.2 Branding
12.3.2.1 Qwest shall use unbranded Maintenance and Repair forms while
interfacing with CLEC End User Customers. Upon request, Qwest shall use CLEC
provided and branded Maintenance and Repair forms. Qwest may not unreasonably
interfere with branding by CLEC.
12.3.2.2 Except as specifically permitted by CLEC, in no event shall Qwest
provide information to CLEC subscribers about CLEC or CLEC product or services.
12.3.2.3 This section shall confer on Qwest no rights to the service marks,
trademarks and trade names owned by or used in connection with services offered by
CLEC or its Affiliates, except as expressly permitted by CLEC.
12.3.3 Service Interruptions
12.3.3.1 The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Party, its affiliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
affiliated companies, or its connecting concurring Carriers involved in its services; 3)
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Party’s facilities; or 4) create hazards to the
employees of either Party or to the public. Each of these requirements is hereinafter
referred to as an "Impairment of Service".
12.3.3.2 If it is confirmed that either Party is causing an Impairment of Service, as
set forth in this Section, the Party whose network or service is being impaired (the
"Impaired Party) shall promptly notify the Party causing the Impairment of Service (the
"Impairing Party) of the nature and location of the problem. The Impaired Party shall
advise the Impairing Party that, unless promptly rectified, a temporary discontinuance of
the use of any circuit, facility or equipment may be required. The Impairing Party and
the Impaired Party agree to work together to attempt to promptly resolve the Impairment
of Service. If the Impairing Party is unable to promptly remedy the Impairment of
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Service, the Impaired Party may temporarily discontinue use of the affected circuit,
facility or equipment.
12.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall designate a
repair center for such service.
12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records
are normally located and where current status reports on any trouble reports are readily
available. If necessary, alternative out-of-hours procedures shall be established to
ensure access to a location that is staffed and has the authority to initiate corrective
action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other’s facilities.
12.3.3.5.1 In cases where a trouble condition affects a significant portion of
the other’s service, the Parties shall assign the same priority provided to other
interconnecting CLECs as itself, its End User Customers, its Affiliates, or any
other party.
12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions.
12.3.4 Trouble Isolation
12.3.4.1 CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on services it provides to its End User
Customers to the extent the capability to perform such trouble isolation is available to
CLEC, prior to reporting trouble to Qwest. CLEC shall have access for testing purposes
at the Demarcation Point, NID, or Point of Interface. Qwest will work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of Qwest’s network. Qwest and CLEC will report trouble isolation
test results to the other. Each Party shall be responsible for the costs of performing
trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4.3.
12.3.4.2 When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service charge will apply if the trouble is found to be on the End User
Customer's side of the Demarcation Point. If the trouble in on the End User Customer's
side of the Demarcation Point, and the CLEC authorizes Qwest to repair trouble on the
CLEC's behalf, Qwest will charge CLEC the appropriate Additional Labor Charge set
forth in Exhibit A in addition to the Maintenance of Service charge.
12.3.4.3 When CLEC elects not to perform trouble isolation and Qwest performs
tests at CLEC request, a Maintenance of Service Charge shall apply if the trouble is not
in Qwest’s facilities, including Qwest’s facilities leased by CLEC. Maintenance of
Service charges are set forth in Exhibit A. When trouble is found on Qwest’s side of the
Demarcation Point, or Point of Interface during the investigation of the initial or repeat
trouble report for the same line or circuit within thirty (30) Days, Maintenance of Service
charges shall not apply.
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12.3.5 Inside Wire Maintenance
Except where specifically required by state or federal regulatory mandates, Qwest will not
perform any maintenance of inside wire (premises wiring beyond the End User Customer's
Demarcation Point) for CLEC or its End User Customers.
12.3.6 Testing/Test Requests/Coordinated Testing/UNEs
12.3.6.1 Where CLEC does not have the ability to diagnose and isolate trouble on
a Qwest line, circuit, or service provided in this Agreement that CLEC is utilizing to serve
an End User Customer, Qwest will conduct testing, to the extent testing capabilities are
available to Qwest, to diagnose and isolate a trouble in substantially the same time and
manner that Qwest provides for itself, its End User Customers, its Affiliates, or any other
party.
12.3.6.2 Prior to Qwest conducting a test on a line, circuit, or service provided in
this Agreement that CLEC is utilizing to serve an End User Customer, Qwest must
receive a trouble report from CLEC.
12.3.6.3 On manually reported trouble for non-designed services, Qwest will
provide readily available test results to CLEC or test results to CLEC in accordance with
any applicable Commission rule for providing test results to End User Customers or
CLECs. On manually reported trouble for designed services provided in this Agreement,
Qwest will provide CLEC test results upon request. For electronically reported trouble,
Qwest will provide CLEC with the ability to obtain basic test results in substantially the
same time and manner that Qwest provides for itself, its End User Customers, its
Affiliates, or any other party.
12.3.6.4 CLEC shall isolate the trouble condition to Qwest’s portion of the line,
circuit, or service provided in this Agreement before Qwest accepts a trouble report for
that line, circuit or service. Once Qwest accepts the trouble report from CLEC, Qwest
shall process the trouble report in substantially the same time and manner as Qwest
does for itself, its End User Customers, its Affiliates, or any other party.
12.3.6.5 Qwest shall test to ensure electrical continuity of all UNEs, including
Central Office Demarcation Point, and services it provides to CLEC prior to closing a
trouble report.
12.3.7 Work Center Interfaces
12.3.7.1 Qwest and CLEC shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble
resolution processes.
12.3.8 Misdirected Repair Calls
12.3.8.1 CLEC and Qwest will employ the following procedures for handling
misdirected repair calls:
12.3.8.1.1 CLEC and Qwest will provide their respective End Use
Customers with the correct telephone numbers to call for access to their
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respective repair bureaus.
12.3.8.1.2 End User Customers of CLEC shall be instructed to report all
cases of trouble to CLEC. End User Customers of Qwest shall be instructed to
report all cases of trouble to Qwest.
12.3.8.1.3 To the extent the correct provider can be determined,
misdirected repair calls will be referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit Qwest or CLEC from discussing its products and services
with CLEC's or Qwest's End User Customers who call the other Party seeking
such information.
12.3.8.1.4 CLEC and Qwest will provide their respective repair contact
numbers to one another on a reciprocal basis.
12.3.8.1.5 In responding to repair calls, CLEC's End User Customers
contacting Qwest in error will be instructed to contact CLEC; and Qwest's End
User Customers contacting CLEC in error will be instructed to contact Qwest. In
responding to calls, neither Party shall make disparaging remarks about each
other. To the extent the correct provider can be determined, misdirected calls
received by either Party will be referred to the proper provider of local Exchange
Service; however, nothing in this Agreement shall be deemed to prohibit Qwest
or CLEC from discussing its products and services with CLEC's or Qwest's End
User Customers who call the other Party seeking such information.
12.3.9 Major Outages/Restoral/Notification
12.3.9.1 Qwest will notify CLEC of major network outages in substantially the
same time and manner as it provides itself, its End User Customers, its Affiliates, or any
other party. This notification will be via e-mail to CLEC’s identified contact. With the
minor exception of certain Proprietary Information such as Customer information, Qwest
will utilize the same thresholds and processes for external notification as it does for
internal purposes. This major outage information will be sent via e-mail on the same
schedule as is provided internally within Qwest. The email notification schedule shall
consist of initial report of abnormal condition and estimated restoration time/date,
abnormal condition updates, and final disposition. Service restoration will be non-
discriminatory, and will be accomplished as quickly as possible according to Qwest
and/or industry standards.
12.3.9.2 Qwest will meet with associated personnel from CLEC to share contact
information and review Qwest’s outage restoral processes and notification processes.
12.3.9.3 Qwest’s emergency restoration process operates on a 7X24 basis.
12.3.10 Protective Maintenance
12.3.10.1 Qwest will perform scheduled maintenance of substantially the same
quality to that which it provides to itself, its End User Customers, its Affiliates, or any
other party.
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12.3.10.2 Qwest will work cooperatively with CLEC to develop industry-wide
processes to provide as much notice as possible to CLEC of pending maintenance
activity. Qwest shall provide notice of potentially CLEC Customer impacting
maintenance activity, to the extent Qwest can determine such impact, and negotiate
mutually agreeable dates with CLEC in substantially the same time and manner as it
does for itself, its End User Customers, its Affiliates, or any other party.
12.3.10.3 Qwest shall advise CLEC of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by Qwest on any Services,
including, to the extent Qwest can determine, any hardware, equipment, software, or
system providing service functionality which may potentially impact CLEC and/or CLEC
End User Customers. Qwest shall provide the maximum advance notice of such non-
scheduled maintenance and testing activity possible, under the circumstances; provided,
however, that Qwest shall provide emergency maintenance as promptly as possible to
maintain or restore service and shall advise CLEC promptly of any such actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 Qwest’s repair operation is seven Days a week, 24 hours a Day. Not all
functions or locations are covered with scheduled employees on a 7X24 basis. Where
such 7X24 coverage is not available, Qwest’s repair operations center (always available
7X24) can call-out technicians or other personnel required for the identified situation.
12.3.12 Escalations
12.3.12.1 Qwest will provide trouble escalation procedures to CLEC. Such
procedures will be substantially the same type and quality as Qwest employs for itself,
its End User Customers, its Affiliates, or any other party. Qwest escalations are manual
processes.
12.3.12.2 Qwest repair escalations may be initiated by either calling the trouble
reporting center or through the electronic interfaces. Escalations sequence through five
tiers: tester, duty supervisor, manager, director, vice president. The first escalation point
is the tester. CLEC may request escalation to higher tiers in its sole discretion.
Escalations status is available through telephone and the electronic interfaces.
12.3.12.3 Qwest shall handle chronic troubles on non-designed services, which are
those greater than three (3) troubles in a rolling thirty (30) Day period, pursuant to
Section 12.2.2.1.
12.3.13 Dispatch
12.3.13.1 Qwest will provide maintenance dispatch personnel in substantially the
same time and manner as it provides for itself, its End User Customers, its Affiliates, or
any other party.
12.3.13.2 Upon the receipt of a trouble report from CLEC, Qwest will follow internal
processes and industry standards, to resolve the repair condition. Qwest will dispatch
repair personnel on occasion to repair the condition. It will be Qwest’s decision whether
or not to send a technician out on a dispatch. Qwest reserves the right to make this
dispatch decision based on the best information available to it in the trouble resolution
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process. It is not always necessary to dispatch to resolve trouble; should CLEC require
a dispatch when Qwest believes the dispatch is not necessary, appropriate charges will
be billed by Qwest to CLEC for those dispatch-related costs in accordance with Exhibit A
if Qwest can demonstrate that the dispatch was in fact unnecessary to the clearance of
trouble or the trouble is identified to be caused by CLEC facilities or equipment.
12.3.13.3 For POTS lines and designed service circuits, Qwest is responsible for
all Maintenance and Repair of the line or circuit and will make the determination to
dispatch to locations other than the CLEC Customer Premises without prior CLEC
authorization. For dispatch to the CLEC Customer Premises Qwest shall obtain prior
CLEC authorization with the exception of major outage restoration, cable
rearrangements, and MTE terminal maintenance/replacement.
12.3.13.4 Intentionally Left Blank.
12.3.14 Electronic Reporting
12.3.14.1 CLEC may submit Trouble Reports through the Electronic Bonding or
GUI interfaces provided by Qwest.
12.3.14.2 The status of manually reported trouble may be accessed by CLEC
through electronic interfaces.
12.3.15 Intervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of Qwest End
User Customers or on behalf of CLEC End User Customers, will receive commitment
intervals in substantially the same time and manner as Qwest provides for itself, its End
User Customers, its Affiliates, or any other party.
12.3.16 Jeopardy Management
12.3.16.1 Qwest will notify CLEC, in substantially the same time and manner as
Qwest provides this information to itself, its End User Customers, its Affiliates, or any
other party, that a trouble report commitment (appointment or interval) has been or is
likely to be missed. At CLEC option, notification may be sent by email or fax through the
electronic interface. CLEC may telephone Qwest repair center or use the electronic
interfaces to obtain jeopardy status.
12.3.17 Trouble Screening
12.3.17.1 CLEC shall screen and test its End User Customer trouble reports
completely enough to insure, to the extent possible, that it sends to Qwest only trouble
reports that involve Qwest facilities. For services and facilities where the capability to
test all or portions of the Qwest network service or facility rest with Qwest, Qwest will
make such capability available to CLEC to perform appropriate trouble isolation and
screening.
12.3.17.2 Qwest will cooperate with CLEC to show CLEC how Qwest screens
trouble conditions in its own centers, so that CLEC may employ similar techniques in its
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centers.
12.3.18 Maintenance Standards
12.3.18.1 Qwest will cooperate with CLEC to meet the maintenance standards
outlined in this Agreement.
12.3.18.2 On manually reported trouble, Qwest will inform CLEC of repair
completion in substantially the same time and manner as Qwest provides to itself, its
End User Customers, its Affiliates, or any other party. On electronically reported trouble
reports the electronic system will automatically update status information, including
trouble completion, across the joint electronic gateway as the status changes.
12.3.19 End User Customer Interface Responsibilities
12.3.19.1 CLEC will be responsible for all interactions with its End User Customers
including service call handling and notifying its End User Customers of trouble status
and resolution.
12.3.19.2 All Qwest employees who perform repair service for CLEC End User
Customers will be trained in non-discriminatory behavior.
12.3.19.3 Qwest will recognize the designated CLEC/DLEC as the Customer of
record for all services ordered by CLEC/DLEC and will send all notices, invoices and
pertinent information directly to CLEC/DLEC. Except as otherwise specifically provided
in this Agreement, Customer of record shall be Qwest’s single and sole point of contact
for all CLEC/DLEC Customers.
12.3.20 Repair Call Handling
12.3.20.1 Manually-reported repair calls by CLEC to Qwest will be answered with
the same quality and speed as Qwest answers calls from its own End User Customers.
12.3.21 Single Point of Contact
12.3.21.1 Qwest will provide a single point of contact for CLEC to report
maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a
Day. A single 7X24 trouble reporting telephone number will be provided to CLEC for
each category of trouble situation being encountered.
12.3.22 Network Information
12.3.22.1 Qwest maintains an information database, available to CLEC for the
purpose of allowing CLEC to obtain information about Qwest's NPAs, LATAs, Access
Tandems and Central Offices.
12.3.22.2 This database is known as the ICONN database, available to CLEC via
Qwest's Web site.
12.3.22.3 CPNI information and NXX activity reports are also included in this
database.
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12.3.22.4 ICONN data is updated in substantially the same time and manner as
Qwest updates the same data for itself, its End User Customers, its Affiliates, or any
other party.
12.3.23 Maintenance Windows
12.3.23.1 Generally, Qwest performs major Switch maintenance activities off-
hours, during certain "maintenance windows". Major Switch maintenance activities
include Switch conversions, Switch generic upgrades and Switch equipment additions.
12.3.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00
am Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m.,
Mountain Time. Although Qwest normally does major Switch maintenance during the
above maintenance window, there will be occasions where this will not be possible.
Qwest will provide notification of any and all maintenance activities that may impact
CLEC ordering practices such as embargoes, moratoriums, and quiet periods in
substantially the same time and manner as Qwest provides this information to itself, its
End User Customers, its Affiliates, or any other party.
12.3.23.3 Reserved for Future Use.
12.3.23.4 Planned generic upgrades to Qwest Switches are included in the ICONN
database, available to CLEC via Qwest's Web site.
12.3.24 Switch and Frame Conversion Service Order Practices
12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the
removal of one Switch and its replacement with another. Generic Switch software or
hardware upgrades, the addition of Switch line and trunk connection hardware and the
addition of capacity to a Switch do not constitute Switch conversions.
12.3.24.2 Frame Conversions. Frame conversions are generally the removal and
replacement of one or more frames, upon which the Switch ports terminate.
12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame
conversion planned Day of cut-over to the replacement frame(s) or Switch. The actual
conversion time typically is set for midnight of the Conversion Date. This may cause the
actual Conversion Date to migrate into the early hours of the Day after the planned
Conversion Date.
12.3.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the
time period that the Switch or frame Trunk Side facility connections are frozen to
facilitate conversion from one Switch or frame to another with minimal disruption to the
End User Customer or CLEC services. During the embargo period, Qwest will reject
orders for Trunk Side facilities (see Section 12.3.24.4.1) other than conversion orders
described in Section 12.3.24.4.3. Notwithstanding the foregoing and to the extent Qwest
provisions trunk or trunk facility related service orders for itself, its End User Customers,
its Affiliates, or any other party during embargoes, Qwest shall provide CLEC the same
capabilities.
12.3.24.4.1 ASRs for Switch or frame Trunk Side facility augments to
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capacity or changes to Switch or frame Trunk Side facilities must be issued by
CLEC with a Due Date prior to or after the appropriate embargo interval as
identified in the ICONN database. Qwest shall reject Switch or frame Trunk Side
ASRs to augment capacity or change facilities issued by CLEC or Qwest, its End
User Customers, its Affiliates or any other party during the embargo period,
regardless of the order’s Due Date except for conversion ASRs described in
Section 12.3.24.4.3.
12.3.24.4.2 For Switch and Trunk Side frame conversions, Qwest shall
provide CLEC with conversion trunk group service requests (TGSR) no less than
ninety (90) Days before the Conversion Date.
12.3.24.4.3 For Switch and Trunk Side frame conversions, CLEC shall issue
facility conversion ASRs to Qwest no later than thirty (30) Days before the
Conversion Date for like-for-like, where CLEC mirrors their existing circuit design
from the old Switch or frame to the new Switch or frame, and sixty (60) Days
before the Conversion Date for addition of trunk capacity or modification of circuit
characteristics (i.e., change of AMI to B8ZS).
12.3.24.5 Frame Embargo Period. During frame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the
affected frame. For conversion of trunks where CLEC mirrors their existing circuit
design from the old frame to the new frame on a like-for-like basis, such embargo period
shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after
the Conversion Date. If CLEC requests the addition of trunk capacity or modification of
circuit characteristics (i.e., change of AMI to B8ZS) to the new frame, new facility ASRs
shall be placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Qwest shall identify the particular dates and locations for frame
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party.
12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities associated with
the trunk side of the Switch. For conversion of trunks where CLEC mirrors their existing
circuit design from the old Switch to the new Switch on a like-for-like basis, such
embargo period shall extend from thirty (30) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or
modification of circuit characteristics to the new Switch, new facility ASRs shall be
placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Qwest shall identify the particular dates and locations for Switch
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party.
12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and
frame conversion quiet periods are the time period within which LSRs may not contain
Due Dates, with the exception of LSRs that result in disconnect orders, including those
related to LNP orders, record orders, Billing change orders for non-switched products,
and emergency orders.
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12.3.24.7.1 LSRs of any kind issued during Switch or frame conversion quiet
periods create the potential for loss of End User Customer service due to manual
operational processes caused by the Switch or frame conversion. LSRs of any
kind issued during the Switch or frame conversion quiet periods will be handled
as set forth below, with the understanding that Qwest shall use its best efforts to
avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as Qwest uses for itself, its End User
Customers, its Affiliates, or any other party.
12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed for the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion and is identified in the ICONN database.
12.3.24.7.3 The quiet period for frame conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed or the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion.
12.3.24.7.4 LSRs, except those requesting order activity described in
12.3.24.7, (i) must be issued with a Due Date prior to or after the conversion
quiet period and (ii) may not be issued during the quiet period. LSRs that do not
meet these requirements will be rejected by Qwest.
12.3.24.7.5 LSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, will be processed after the quiet
period expires.
12.3.24.7.6 CLEC may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the
Day prior to the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change. Such changes shall
be handled as emergency orders by Qwest.
12.3.24.7.7 CLEC may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the
Day after the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change and contacting the
Interconnect Service Center. Such changes shall be handled as emergency
orders by Qwest.
12.3.24.7.8 In the event that CLEC End User Customer service is
disconnected in error, Qwest will restore service in substantially the same time
and manner as Qwest does for itself, its End User Customers, its Affiliates, or
any other party. Restoration of CLEC End User Customer service will be
handled through the LNP escalations process.
12.3.24.8 Switch Upgrades. Generic Switch software and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above. If
such generic Switch or software upgrades require significant activity related to
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translations, an abbreviated embargo and/or quiet period may be required. Qwest shall
implement service order embargoes and/or quiet periods during Switch upgrades in
substantially the same time and manner as Qwest does for itself, its End User
Customers, its Affiliates, and any other party.
12.3.24.9 Switch Line and Trunk Hardware Additions. Qwest shall use its best
efforts to minimize CLEC service order impacts due to hardware additions and
modifications to Qwest’s existing Switches. Qwest shall provide CLEC substantially the
same service order processing capabilities as Qwest provides itself, its End User
Customers, Affiliates, or any other party during such Switch hardware additions.
Section 13
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Section 13.0 - ACCESS TO TELEPHONE NUMBERS
13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party’s right to request an assignment of any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines will be considered the current
standard.
13.2 North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with Industry guidelines and Commission rules,
including those sections requiring the accurate reporting of data to the NANPA.
13.3 It shall be the responsibility of each Party to program and update its own Switches
and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and
route traffic to the other Party’s assigned NXX or NXX-X codes. Neither Party shall impose any
fees or charges on the other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party is
responsible for updating the LERG data for NXX codes assigned to its Switches. Each Party
shall use the LERG published by Telcordia or its successor for obtaining routing information and
shall provide through an authorized LERG input agent, all required information regarding its
network for maintaining the LERG in a timely manner.
13.5 Each Party shall be responsible for notifying its end users of any changes in
numbering or dialing arrangements to include changes such as the introduction of new NPAs.
Section 14
Local Dialing Parity
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Section 14.0 - LOCAL DIALING PARITY
14.1 The Parties shall provide local Dialing Parity to each other as required under
Section 251(b)(3) of the Act. Qwest will provide local Dialing Parity to competing providers of
Telephone Exchange Service and telephone toll service, and will permit all such providers to
have non-discriminatory access to telephone numbers, operator services, directory assistance,
and Directory Listings, with no unreasonable dialing delays. CLEC may elect to route all of its
End User Customers’ calls in the same manner as Qwest routes its End User Customers’ calls,
for a given call type (e.g., 0, 0+, 1+, 411), or CLEC may elect to custom route its End User
Customers’ calls differently than Qwest routes its End User Customers' calls. Additional terms
and conditions with respect to customized routing are described in Sections 9.12 of this
Agreement. Customized Routing may be ordered as an application with resale or Unbundled
Local Switching.
Section 15
Qwest Dex
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Section 15.0 - Qwest Dex
15.1 Qwest and CLEC agree that certain issues outside the provision of basic white
page Directory Listings, such as yellow pages advertising, yellow pages listings, directory
coverage access to call guide pages (phone service pages), applicable listings criteria, white
page enhancements and publication schedules will be the subject of negotiations between
CLEC and directory publishers, including Qwest Dex. Qwest acknowledges that CLEC may
request Qwest to facilitate discussions between CLEC and Qwest Dex.
Section 16
Referral Announcement
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Section 16.0 - REFERRAL ANNOUNCEMENT
16.1 When an End User Customer changes from Qwest to CLEC, or from CLEC to
Qwest, and does not retain its original main/listed telephone number, the Party formerly
providing service to the End User Customer will provide a transfer of service announcement on
the abandoned telephone number. Each Party will provide this referral service consistent with
its Tariff. This announcement will provide details on the new number that must be dialed to
reach the End User Customer.
Section 17
Bona Fide Request Process
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Section 17.0 - BONA FIDE REQUEST PROCESS
17.1 Any request for Interconnection or access to an Unbundled Network Element or
ancillary service that is not already available as described in other sections of this Agreement,
including but not limited to Exhibit F or any other Interconnection Agreement, Tariff or otherwise
defined by Qwest as a product or service shall be treated as a Bona Fide Request (BFR).
Qwest shall use the BFR Process to determine the terms and timetable for providing the
requested Interconnection, access to UNEs or ancillary services and the technical feasibility of
new/different points of Interconnection. Qwest will administer the BFR Process in a non-
discriminatory manner.
17.2 A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs.
CLEC and Qwest may work together to prepare the BFR form and either Party may request that
such coordination be handled on an expedited basis. This form shall be accompanied by the
non-refundable Processing Fee specified in Exhibit A of this Agreement. Qwest will refund one-
half of the Processing Fee if the BFR is cancelled within ten (10) business days of the receipt of
the BFR form. The form will request, and CLEC will need to provide, the following information,
and may also provide any additional information that may be reasonably necessary in
describing and analyzing CLEC’s request:
17.2.1 a technical description of each requested Network Element or
new/different points of Interconnection or ancillary services;
17.2.2 the desired interface specification;
17.2.3 each requested type of Interconnection or access;
17.2.4 a statement that the Interconnection or Network Element or ancillary
service will be used to provide a Telecommunications Service;
17.2.5 the quantity requested;
17.2.6 the specific location requested;
17.2.7 Intentionally Left Blank.
17.2.8 Intentionally Left Blank.
17.3 Within two (2) business days of its receipt, Qwest shall acknowledge receipt of the
BFR and in such acknowledgment advise CLEC of missing information, if any, necessary to
process the BFR. Thereafter, Qwest shall promptly advise CLEC of the need for any additional
information required to complete the analysis of the BFR. If requested, either orally or in writing,
Qwest will provide weekly updates on the status of the BFR.
17.4 Within twenty-one (21) calendar Days of its receipt of the BFR and all information
necessary to process it, Qwest shall provide to CLEC an analysis of the BFR. The preliminary
analysis shall specify Qwest’s conclusions as to whether or not the requested Interconnection or
access to an Unbundled Network Element complies with the unbundling requirements of the Act
or state law.
17.5 If Qwest determines during the twenty-one (21) Day period that a BFR does not
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qualify as an Unbundled Network Element or Interconnection or ancillary service that is required
to be provided under the Act or state law, Qwest shall advise CLEC as soon as reasonably
possible of that fact, and Qwest shall promptly, but in no case later than the twenty-one (21)
Day period, provide a written report setting forth the basis for its conclusion.
17.6 If Qwest determines during such twenty-one (21) Day period that the BFR
qualifies under the Act or state law, it shall notify CLEC in writing of such determination within
ten (10) calendar Days, but in no case later than the end of such twenty-one (21) Day period.
17.7 As soon as feasible, but in any case within forty-five (45) calendar Days after
Qwest notifies CLEC that the BFR qualifies under the Act, Qwest shall provide to CLEC a BFR
quote. The BFR quote will include, at a minimum, a description of each Interconnection,
Network Element, and ancillary service, the quantity to be provided, any interface specifications,
and the applicable rates (recurring and nonrecurring) including the separately stated
development costs and construction charges of the Interconnection, Unbundled Network
Element or ancillary service and any minimum volume and term commitments required, and the
timeframes the request will be provisioned.
17.8 A CLEC has sixty (60) business days upon receipt of the BFR quote, to either
agree to purchase under the quoted price, or cancel its BFR.
17.9 If CLEC has agreed to minimum volume and term commitments under the
preceding paragraph, CLEC may cancel the BFR or volume and term commitment at any time
but may be subject to termination liability assessment or minimum period charges.
17.10 If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
17.11 All time intervals within which a response is required from one Party to another
under this Section are maximum time intervals. Each Party agrees that it will provide all
responses to the other Party as soon as the Party has the information and analysis required to
respond, even if the time interval stated herein for a response is not over.
17.12 In the event CLEC has submitted a Request for Interconnection, Unbundled
Network Elements or any combinations thereof, or ancillary services and Qwest determines in
accordance with the provisions of this Section 17 that the request is Technically Feasible,
subsequent requests or orders for substantially similar types of Interconnection, Unbundled
Network Elements or combinations thereof or ancillary services by that CLEC shall not be
subject to the BFR process. To the extent Qwest has deployed or denied a substantially similar
Interconnection, Unbundled Network Elements or combinations thereof or ancillary services
under a previous BFR, a subsequent BFR shall not be required and the BFR application fee
shall be refunded immediately. Qwest may only require CLEC to complete a New Product
Questionnaire before ordering such Interconnection, Unbundled Network Elements or
combinations thereof, or ancillary services. ICB pricing and intervals will still apply for requests
that are not yet standard offerings. For purposes of this Section 17.12, a "substantially similar"
request shall be one with substantially similar characteristics to a previous request with respect
to the information provided pursuant to Subsections 17.2.1 through 17.2.8 of Section 17.2
above. The burden of proof is upon Qwest to prove the BFR is not substantially similar to a
previous BFR.
Section 17
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17.13 The total cost charged to CLEC shall not exceed the BFR quoted price.
17.14 Upon request, Qwest shall provide CLEC with Qwest’s supporting cost data
and/or studies for the Interconnection, Unbundled Network Element or ancillary service that
CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a
release from its vendors within seven (7) business days, in which case Qwest will make the data
available as soon as Qwest receives the vendor release. Such cost data shall be treated as
Confidential Information, if requested by Qwest under the non-disclosure sections of this
Agreement.
17.15 Qwest shall make available a topical list of the BFRs that it has received with
CLECs under this Agreement or an Interconnection Agreement. The description of each item
on that list shall be sufficient to allow CLEC to understand the general nature of the product,
service, or combination thereof that has been requested and a summary of the disposition of the
request as soon as it is made. Qwest shall also be required upon the request of CLEC to
provide sufficient details about the terms and conditions of any granted requests to allow CLEC
to elect to take the same offering under substantially identical circumstances. Qwest shall not
be required to provide information about the request initially made by CLEC whose BFR was
granted, but must make available the same kinds of information about what it offered in
response to the BFR as it does for other products or services available under this Agreement.
CLEC shall be entitled to the same offering terms and conditions made under any granted BFR,
provided that Qwest may require the use of ICB pricing where it makes a demonstration to
CLEC of the need therefor.
Section 18
Audit Process
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Section 18.0 - AUDIT PROCESS
18.1 Nothing in this Section 18 shall limit or expand the audit provisions in the
Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the audit
provisions in this Section 18. For purposes of this section the following definitions shall apply:
18.1.1 "Audit" shall mean the comprehensive review of the books, records, and
other documents used in the Billing process for services performed, including, without
limitation, reciprocal compensation and facilities provided under this Agreement.
18.1.2 "Examination" shall mean an inquiry into a specific element or process
related to the above. Commencing on the Effective Date of this Agreement, either Party
may perform Examinations as either Party deems necessary.
18.2 This Audit shall take place under the following conditions:
18.2.1 Either Party may request to perform an Audit or Examination.
18.2.2 The Audit or Examination shall occur upon thirty (30) business days
written notice by the requesting Party to the non-requesting Party.
18.2.3 The Audit or Examination shall occur during normal business hours.
However, such Audit will be conducted in a commercially reasonable manner and both
Parties will work to minimize disruption to the business operations of the Party being
audited.
18.2.4 There shall be no more than two (2) Audits requested by each Party
under this Agreement in any twelve (12) month period. Either Party may audit the other
Party's books, records and documents more frequently than twice in any twelve (12)
month period (but no more than once in each quarter) if the immediately preceding audit
found previously uncorrected net variances, inaccuracies or errors in invoices in the
audited Party's favor with an aggregate value of at least two percent (2%) of the
amounts payable for the affected services during the period covered by the Audit.
18.2.5 The requesting Party may review the non-requesting Party’s records,
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
18.2.6 The location of the Audit or Examination shall be the location where the
requested records, books and documents are retained in the normal course of business.
18.2.7 All transactions under this Agreement which are over twenty-four (24)
months old will be considered accepted and no longer subject to Audit. The Parties
agree to retain records of all transactions under this Agreement for at least twenty-four
(24) months.
18.2.8 Audit or Examination Expenses
18.2.8.1 Each Party shall bear its own expenses in connection with
conduct of the Audit or Examination. The requesting Party will pay for the
reasonable cost of special data extractions required by the Party to conduct the
Section 18
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Audit or Examination. For purposes of this section, a "Special Data Extraction"
means the creation of an output record or informational report (from existing data
files) that is not created in the normal course of business. If any program is
developed to the requesting Party's specification and at that Party's expense, the
requesting Party will specify at the time of request whether the program is to be
retained by the other Party for reuse for any subsequent Audit or Examination.
18.2.8.2 Notwithstanding the foregoing, the audited Party shall pay all of
the Auditing Party’s commercially reasonable expenses in the event an Audit or
Examination identifies a difference between the amount billed and the amount
determined by the Audit that exceeds five percent (5%) of the amount billed and
results in a refund and/or reduction in the Billing to the auditing Party.
18.2.9 The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor, which agreement will not be unreasonably
withheld or delayed by the non-requesting Party. Under this circumstance, the costs of
the independent auditor shall be paid for by the Party requesting the Audit subject to
Section 18.2.8.2.
18.2.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties. The portion of this expense borne by the Auditing
Party shall be borne by the Audited Party if the terms of Section 18.2.8.2 are satisfied.
18.2.11 Adjustments, credits or payments will be made and any corrective action
must commence within thirty (30) Days after the Parties receipt of the final audit report to
compensate for any errors and omissions which are disclosed by such Audit or
Examination and are agreed to by the Parties. The interest rate payable shall be in
accordance with Commission requirements. In the event that any of the following
circumstances occur within thirty (30) business days after completion of the Audit or
Examination, they may be resolved at either Party’s election, pursuant to the Dispute
Resolution Process: (i) errors detected by the Audit or Examination have not been
corrected; (ii) adjustments, credits or payments due as a result of the Audit or
Examination have not been made, or (iii) a dispute has arisen concerning the Audit or
Examination.
18.2.12 Neither the right to examine and audit nor the right to receive an
adjustment will be affected by any statement to the contrary appearing on checks or
otherwise.
18.2.13 This Section will survive expiration or termination of this Agreement for a
period of two (2) years after expiration or termination of the Agreement.
18.3 All information received or reviewed by the requesting Party or the independent
auditor in connection with the Audit is to be considered Proprietary Information as defined by
this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non-
employee who is involved directly or indirectly in any Audit or the resolution of its findings as
described above to execute a nondisclosure agreement satisfactory to the non-requesting Party.
To the extent an Audit involves access to information of other competitors, CLEC and Qwest will
aggregate such competitors’ data before release to the other Party, to insure the protection of
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the proprietary nature of information of other competitors. To the extent a competitor is an
Affiliate of the Party being audited (including itself and its subsidiaries), the Parties shall be
allowed to examine such Affiliate's disaggregated data, as required by reasonable needs of the
Audit. Information provided in an Audit or Examination may only be reviewed by individuals with
a need to know such information for purposes of this Section 18 and who are bound by the
nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information
be shared with the Parties’ retail marketing, sales or strategic planning.
18.3.1 Either Party may request an Audit of the other's compliance with this
Agreement’s measures and requirements applicable to limitations on the distribution,
maintenance, and use of proprietary or other protected information that the requesting
Party has provided to the other. Those Audits shall not take place more frequently than
once in every three (3) years, unless cause is shown to support a specifically requested
Audit that would otherwise violate this frequency restriction. Examinations will not be
permitted in connection with investigating or testing such compliance. All those other
provisions of this Section 18 that are not inconsistent herewith shall apply, except that in
the case of these Audits, the Party to be audited may also request the use of an
independent auditor.
Section 19
Construction Charges
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Section 19.0 - CONSTRUCTION CHARGES
19.1 All rates, charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services and access to Unbundled Loops
or ancillary services to the extent existing facilities are available. Except for modifications to
existing facilities necessary to accommodate Interconnection and access to Unbundled Loops
or ancillary services specifically provided for in this Agreement, Qwest will consider requests to
build additional or further facilities for network Interconnection and access to Unbundled Loops
or ancillary services, as described in the applicable section of this Agreement.
19.2 All necessary construction will be undertaken at the discretion of Qwest,
consistent with budgetary responsibilities, consideration for the impact on the general body of
End User Customers and without discrimination among the various Carriers.
19.3 A quote for CLEC’s portion of a specific job will be provided to CLEC. The quote
will be in writing and will be binding for ninety (90) business days after the issue date. When
accepted, CLEC will be billed the quoted price and construction will commence after receipt of
payment. If CLEC chooses not to have Qwest construct the facilities, Qwest reserves the right
to bill CLEC for the expense incurred for producing the engineered job design.
19.4 In the event a construction charge is applicable, CLEC’s service Application Date
will become the date upon which Qwest receives the required payment.
Section 20
Service Performance
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Section 20.0 – SERVICE PERFORMANCE
Performance Indicator Definitions (PIDs), in their current form as developed by the Regional
Oversight Committee, are included in Exhibit B of this Agreement. Subsequent changes to
these PIDs that are made by the Regional Oversight Committee shall be incorporated into
Exhibit B by reference. Modifications of PIDs that apply to the Qwest Performance Assurance
Plan (QPAP) shall be made in accordance with Section 16.0 of Exhibit K.
Section 21
Network Standards
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Section 21.0 - NETWORK STANDARDS
21.1 The Parties recognize that Qwest services and Network Elements have been
purchased and deployed, over time, to Telcordia and Qwest technical standards. Specification
of standards is built into the Qwest purchasing process, whereby vendors incorporate such
standards into the equipment Qwest purchases. Qwest supplements generally held industry
standards with Qwest Technical Publications.
21.2 The Parties recognize that equipment vendors may manufacture
telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to persons or property.
21.3 Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:
21.3.1 Switching
GR-954-CORE LIDB
GR-2863-CORE AIN
GR-1428-CORE Toll Free Service
GR-1432-CORE TCAP
GR-905-CORE ISUP
GR-1357-CORE Switched Fractional DS1
GR-1298-CORE AIN Switching System Generic Requirements
GR-1299-CORE AIN Service Control Point Adjunct Interface Generic
Requirements
TR-NWT-001284 AIN 0.1 Switching System Generic Requirements
GR-905-CORE Common Channel Signaling Network Interface Specification
GR-1432-CORE CCS Network Interface Specification Telcordia TR-TSY-000540,
Issue 2R2
GR-305-CORE
GR-1429-CORE
GR-2863-CORE
FR-64 LATA LSSGR
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GR-334-CORE Switched Access Service
TR-NWT-000335 Voice Grade Special Access Services
TR-TSY-000529 Public LSSGR
TR-NWT-000505 LSSGR Call Processing
FR-NWT-000271 OSSGR
TR-NWT-001156 OSSGR Subsystem
SR-TSY-001171 System Reliability Analysis
21.3.2 Transport
Telcordia FR-440
TR-NWT-000499 (TSGR) Transport Systems Generic Requirements
GR-820-CORE Generic Transmission Surveillance; DS1 and DS3 Performance
GR-253-CORE Synchronous Optical Network Systems (SONET)
TR-NWT-000507 Transmission
TR-NWT-000776 NID for ISDN Subscriber Access
TR-INS-000342 High Capacity Digital Special Access Service
ST-TEC-000051 & 52 Telecommunications Transmission Engineering
Handbooks Volumes 1 & 2
ANSI T1.102-1993 Digital Hierarchy – Electrical Interface; Annex B
21.3.3 Loops
TR-NWT-000057 Functional Criteria for Digital Loop Carrier Systems Issue 2
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR-253-CORE SONET Common Generic Criteria
TR-NWT-000303 Integrated Digital Loop Carrier System Generic Requirements
TR-TSY-000673 Operations Interface for an IDLC System
GR-303-CORE Issue 1 Integrated Digital Loop Carrier System Generic
Requirements
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
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Subscriber Lines
TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier
System and a Local Digital Switch
TR-NWT-008 and 303
TA-TSY-000120 Subscriber Premises or Network Ground Wire
GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface
Requirements
TR-NWT-000239 Indoor Telephone Network Interfaces
TR-NWT-000937 Generic Requirements for Outdoor and Indoor Building
Entrance
TR-NWT-000133 Generic Requirements for Network Inside Wiring
21.3.4 Local Number Portability
Number Portability Generic Switching and Signaling Requirements for Number
Portability, Issue 1.00, February 12, 1996 (Editor – Lucent Technologies, Inc.);
Generic Requirements for SCP Application and GTT Function for Number
Portability, Issue 0.95, Final Draft, September 4, 1996 (Editor – Ameritech Inc.);
Generic Operator Services Switching Requirements for Number Portability, Issue
1.00, Final Draft, April 12, 1996 (Editor – Nortel);
ATIS, TRQ No. 1, Technical Requirements for Number Portability Operator
Services Switching Systems, April 1999;
ATIS, TRQ No. 2, Technical Requirements for Number Portability Switching
Systems, April 1999;
ATIS, TRQ No. 3, Technical Requirements for Number Portability Database and
Global Title Translation, April 1999;
FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC
96-286; CC Docket 95-116, RM 8535; Released July 2, 1996;
FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC
Docket 95-116, RM 8535; Released March 11, 1997.
FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM 8535;
Released August 18, 1997.
21.4 The Parties will cooperate in the development of national standards for
Interconnection elements as the competitive environment evolves. Recognizing that there are
no current national standards for Interconnection Network Elements, Qwest has developed its
own standards for some Network Elements, including:
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Qwest Interconnection – Unbundled Loop #77384
Expanded Interconnection and Collocation for Private Line Transport and Switched
Access Services - #77386
Unbundled Dedicated Interoffice Transport - #77389
Telecommunications Equipment Installation Guidelines - #77350
21.5 Qwest Technical Publications have been developed to support service offerings,
inform End User Customers and suppliers, and promote engineering consistency and
deployment of developing technologies. Qwest provides all of its Technical Publications at no
charge via website: http://www.qwest.com/techpub/.
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Section 22.0 - SIGNATURE PAGE
By signing below, and in consideration of the mutual promises set forth herein, and other good
and valuable consideration, the Parties agree to abide by the terms and conditions set forth in
this Interconnection Agreement.
Qwest Communications Corporation Qwest Corporation
Signature Signature
Carol A. Miller L. T. Christensen
Name Printed/Typed Name Printed/Typed
V.P. – Network Operations & Engineering Director-Interconnection Agreements
Title Title
Date Date
Qwest Corporation
Signature
John Richardson
Name Printed/Typed
S.V.P. - Controller
Title
Date