20080623Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile (206) 343-040
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Qwest~
Spirit of Service'M
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
June 19,2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-04-30
Application for Approval of Amendment to the Interconnection Agreement
BullsEye Telecom, Inc.
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me . have any questions concerning the enclosed. Thank you for your
assistance in this/matt r.
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.com
f 5
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE- T-04-30
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilties Commission on November 23,2004 (the "Agreement"). The Amendment with Bullseye
Telecom, Inc. ("Bullseye") is submitted herewith.
This Amendment was reached through voluntar negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communcations
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission mayreject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portion(s) thereof) discriminates against a telecommuncations carer not a pary to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable BullsEye to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
BULLSEYE
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest fuher requests that the Commission approve this Amendment without a hearng.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would fuher the public interest.
Respectfully submitted this 19th day of June, 2008.
J Corpration~A~~~
Attorney for Qwest
~
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INERCONNCTION AGREEMENT - Page 2
BULLSEYE
" .
CERTIFICATE OF SERVICE
. I hereby certify that on this 19th day of June, 2008, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j j ewell(ipuc. state .id. us
Hand Delivery
U. S. Mail
~ Overnight Delivery
Facsimile
Email
Scott R. Loney
Vice President~Marketing
BullsEye Telecom, Inc.
25900 Greenfield Road, Suite 330
Oak Park, Michigan 48237
Hand Delivery
-l U. S. Mail
Overnight Delivery
Facsimile
Maura Peterson
Paralegal, Qwest C
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
BULLSEYE
Unbundled Network Elements (UNEs) and Common Area Splitter C,1l!~~~c~np~Amendment
to the Interconnection Agreement between-~'''' ~i"!i t:~ Nf 8: ¡ 6
Qwest Corporation
and
BullsEye Telecom, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Owest
Corporation ("Owest"), a Colorado corporation, and BullsEye Telecom, Inc. ("CLEC"), a
Michigan corporation; (collectively, "the Parties").
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission on November 23, 2004, as
referenced in Order/Case No. OWE-T-04-30 ("Agreement"); and
WHEREAS, the Parties agree to amend the Agreement under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by:
1) Replacing the existing Unbundled Network Elements (UNEs) Section 9, in its entirety, with
the Unbundled Network Elements (UNEs) Section 9 terms, conditions and rates, as set forth in
Attachment 3 and Exhibit A, attached hereto and incorporated herein; and
2) Due to the UNEs Section 9 replacement (noted above), Common Area Splitter Collocation
terms, conditions and rates were moved (and updated) from the UNEs Section of the
Agreement (Section 9), to the Collocation Section of the Agreement (Section 8), as set forth in
Attachment 2 and Exhibit A, attached hereto and incorporated herein; and
3) Adding and replacing definitions in the Definitions Section of the Agreement (Section 4), as
set forth in Attachment 1, attached hereto and incorporated herein.
Rates in Exhibit A shall be updated to reflect legally binding decisions of the Commission and
shall be applied on a prospective basis from the effective date of the legally binding Commission
decision, unless otherwise ordered by the Commission. Rates in Exhibit A that are "Under
Development" shall be updated upon establishment of a rate.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)
Effective Date
This Amendment shall be deemed effective upon Commission approval; however, the Parties
may agree to implement the provisions of this Amendment upon execution. To accommodate
this need, CLEC must generate, if necessary, an updated Customer Questionnaire. In addition
to the Questionnaire, all system updates wil need to be completed by Qwest. CLEC will be
notified when all system changes have been made. Actual order processing may begin once
these requirements have been met. Additionally, Qwest shall implement any necessary billing
changes within two (2) billing cycles after the latest execution date of this Amendment, with a
true-up back to the latest execution date of this Amendment by the end of the second billing
cycle. The Parties agree that so long as Qwest implements the billng changes and the true-up
as set forth above, CLEC's bills shall be deemed accurate and adjusted without error.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties'
authorized representative. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
BullsEye Telecom, Inc.Qwe. 5t Corporation ~,-~.~~S' t ~igna ure
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Signature
úJ,uc' A *' tL Ol3&-u';
Name PrintedlTypedL£
Title
ç'/?g$Date ,r
L. T. Christensen
Name PrintedlTyped
Director - Interconnection Agreements
Title
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May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-Q40920-0008 - (from 11-5-07 Nego Template)2
Attachment 1
Section 4
Definitions
ATTACHMENT 1
DEFINITIONS
The following definitions are added to the Agreement (or replaced as noted below):
Section 4.0 . DEFINITIONS
"Business Line" means a Qwest-owned switched access line used to serve a business
customer, whether by Qwest itself or by CLEC that leases the line from Qwest. The number of
Business Lines in a Wire Center shall equal the sum of all Qwest business switched access
lines, plus the sum of all UNE loops connected to that Wire Center, including UNE loops
provisioned in combination with other unbundled elements. Among these requirements,
Business Line tallies (1) shall include only those access lines connecting End User Customers
with Qwest end-offices for switched services; (2) shall not include non-switched special access
lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps-
equivalent as one line. For example, a. DS1 line corresponds to twenty-four (24) 64 kbps-
equivalents, and therefore to twenty-four (24) Business Lines.
"Dark Fiber" shall have the meaning set forth in Section 9.7.1.
"Dedicated Transport" means Qwest transmission facilities between Wire Centers or switches
owned by Qwest, or between Wire Centers or switches owned by Qwest and switches owned
by CLEC, including, but not limited to, DS1, DS3, and OCn-capacity level services, as well as
Dark Fiber, dedicated to a particular End User Customer or carrier.
"Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is
originated and terminated within the Local Calling Area as defined in Qwests Southern Idaho
and Northern Idaho Exchange and Network Services Catalogs.
"Fiber-based Collocator" means any carrier, unaffiliated with Qwest, that maintains a Collocation
arrangement in a Qwest Wire Center, with active electrical power supply, and operates a fiber-
optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement
within the Wire Center; (2) leaves the Qwest Wire Center premises; and (3) is owned by a party
other than Qwest or any affliate of Qwest, except as set forth in this paragraph. Dark fiber
obtained from Qwest on an indefeasible right of use basis shall be treated as non-Qwest fiber-
optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall
collectively be counted as a single Fiber-based Collocator. For purposes of this definition, the
term "affiliate" is defined by 47 U.S.C. § 153(1).
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Modifcation of Final Judgment, § IV(K), reprinted in United States v. Am. Tel.
& Tel. Co., 552 F. Supp. 131,229 (D. D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
May 28, 2008/msd/BullsEye Telecom/UNEslID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)3
Attachment 1
Section 4
Definitions
The following definition replaces the existing "Miscellaneous Charges" definition:
"Miscellaneous Charges" mean charges that apply for miscellaneous services provided at
CLEC's request or based on CLEC's actions that result in miscellaneous services being
provided by Qwest, as described in the Agreement.
"Mobile Wireless Service" means all mobile wireless telecommunications services, including
commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Non-Impaired Facilties" are those network elements identified in an applicable FCC order as
no longer available as unbundled network elements ("UNEs") under 47 U.S.C. § 251 (c)(3) as
reflected in the Agreement based on non-impairment or tier designations.
"Non-impaired Wire Center" means a Wire Center that meets the loop thresholds identified in 47
C.F.R. § 51.319(a)(4)(i) for DS1 Loops and 47 C.F.R. § 51.319(a)(5)(i) for DS3 Loops. Non-
impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 47 C.F.R. §
51.319(e)(3) and subject to the limitations of 47 C.F.R § 51.319(e)(2)(ii)(A) for DS1 Dedicated
Transport and 47 C.F.R. § 51.319(e)(2)(iii)(A) for DS3 Dedicated Transport.
"Optional Testing" is testing conducted by Qwest, at the request of CLEC, that is in lieu of
testing CLEC should complete to isolate trouble to the Qwest network prior to submitting a
trouble ticket to Qwest.
"Route" is a transmission path between one of Qwests Wire Centers or switches and another of
Qwests Wire Centers or Switches. A route between two (2) points (e.g., Wire Center or Switch
"A" and Wire Center or Switch "Z") may pass through one (1) or more intermediate Wire
Centers or Switches (e.g., Wire Center or Switch "X"). Transmission paths between identical
end points (e.g., Wire Center or Switch "A" and Wire Center or Switch "Z") are the same "route,"
irrespective of whether they pass through the same intermediate Wire Centers or Switches, if
any.
"Tier 1 Wire Centers" means those Qwest Wire Centers that contain at least four (4) Fiber-
based Collocators, at least thirty-eight thousand (38,000) Business Lines, or both. Tier 1 Wire
Centers also are those Qwest tandem switching locations that have no line-side switching
facilities, but nevertheless serve as a point of traffc aggregation accessible by CLEC. Once a
Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later
reclassification as a Tier 2 or Tier 3 Wire Center.
"Tier 2 Wire Centers" means those Qwest Wire Centers that are not Tier 1 Wire Centers, but
contain at least three (3) Fiber-based Collocators, at least twenty-four thousand (24,000)
Business Lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that
Wire Center is not subject to later reclassification as a Tier 3 Wire Center.
"Tier 3 Wire Centers" means those Qwest Wire Centers that do not meet the criteria for Tier 1 or
Tier 2 Wire Centers.
"Trouble Isolation Charge" - see"Maintenance of Service."
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)4
Attachment 1
Section 4
Definitions
The following definition replaces the existing "Wire Center" definition:
"Wire Center" means the location of a Qwest local switching facility containing one or more
Central Offices, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
Federal Regulations. Wire Center boundaries define the area in which all End User Customers
served by a given Wire Center are located.
May 28, 2008/msd/BullsEye Telecom/UNEslID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)5
Attachment 2
Section 8
Common Area Splitter Collocation
ATTACHMENT 2
Common Area Splitter Collocation
The fOllowing language is moved (and updated) from Section 9 (UNEs) to Section 8
(Collocation) as shown below:
Section 8.0 - COLLOCATION
8.1 Description
8.1.1.7 Common Area Splitter Collocation - Allows CLEC to place Splitters in a
common space area outside its Collocation space near CLEC's DSO termination points.
Qwest will install Splitter shelves for shared use by CLECs. .
8.2 Terms and Conditions
8"2.9 Terms and Conditions - Common Area Splitter Collocation
8.2.9.1 If CLEC elects to have Splitters installed in Qwest Wire Centers via
Common Area Splitter Collocation, the Splitters will be installed in those Wire Centers in
one (1) of the following locations: (a) in a relay rack as close to CLEC's DSO 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 COSMICTM/MDF or in some other appropriate location such
as an existing Qwest relay rack or bay. In Wire Centers with access line counts greater
than 10,000, when all common area Splitter bays and racks are fully utilized, space
permittng, Qwest will allow CLEC to place Splitters on the COSMICTM/MDF. CLEC
either may purchase Splitters or have Qwest purchase the Splitters subject to full
reimbursement of the cost of the Splitters plus any pass through actual vendor invoice
costs, including but not limited to taxes, shipping and handling. The Splitters must meet
the requirements for Central Offce equipment Collocation set by the FCC. Qwest will be
responsible for installing and maintaining the Splitters, but CLEC will lease the Splitters
to Qwest at no cost. Qwest may commingle the Splitter shelves of different CLECs in a
single relay rack or bay. Qwest will not be responsible for shortages of Splitters or
Qwests inability to obtain. Splitters from vendors, if acting as purchasing agent on behalf
of CLEC.
8.2.9.2 Two (2) ITPs and four (4) tie cables will be needed to connect the
Splitters to the Qwest network. One (1) ITP will carry both voice and data traffc from the
COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame, one (1) tie
cable will carry both voice and data traffic to the Splitter. The voice and data traffic will
be separated at the Splitter, and the separated voice and data traffic will be routed to the
ICDF via separate tie cables (Le., 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 wil be routed to the COSMICTM/MDF Switch termination, via a second ITP. CLEC
can also elect a direct connect option pursuant to Section 8.3.1.11.2 of the Agreement.
8.2.9.3 Qwest will provide the cabling used for tie cables between the Splitter and
the ICDF. The Splitter Tie Cable Connection Charge will apply.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)6
Attachment 2
Section 8
Common Area Splitter Collocation
8.2.9.4 The Demarcation Point between Qwests network and CLEC's network
will be at the place where the data Loop leaves the Splitter on its way to CLEC's
collocated equipment, or at the ICDF, where the data port is cabled to existing CLEC
Collocation tie cable.
8.2.9.5 New Splitter shelves may be ordered at the same time as a new
Collocation on a single Collocation Application form and a single order processing
charge will apply. New Splitter shelves may be ordered with an existing Collocation by
submitting a new Collocation Application and the applicable fee. Standard intervals, as
contained in Qwests Wholesale Service Interval Guide (SIG) located on Qwests
website, will apply.
8.2.9.6 Splitter Deployment
8.2.9.6.1 New applications for installation of Splitters will be processed in
the manner outlned in the Collocation Section for Cage less Collocation.
8.2.9.6.2 CLEC may submit applications for additional DSO tie cable
terminations and/or reclassification to support UNE or other services. Qwest will
process any such applications for augmentation and/or reclassification of DSO tie
cable terminations under intervals as outlined below in this Section.
8.2.9.6.3 Augmentation intervals will be thirty (30) Days, subject to the
following terms and conditions identified below:
8.2.9.6.3.1 The interval for reclassification will be fifteen (15) Days,
subject to the following terms and conditions. If the requested
reclassification engineering results in additional requirements for DSO tie
cable terminations or tie cable support, the interval will default to thirty
(30) Days.
8.2.9.6.3.2 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, 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 day
period, or if the subject equipment is not provided in a timely manner,
Qwest will install the subject equipment when available.
8.3 Rate Elements
Rate elements for Common Area Splitter Collocation are included in Exhibit A.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11 c5-07 Nego Template)7
Attachment 2
Section 8
Common Area Splitter Collocation
8.3.9 Rate Elements - Splitter Collocation
8.3.9.1 Tie Cable 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, frame re-stenciling, and any other
work performed between CLEC's Collocation and the Interconnection Distribution Frame
(ICDF) required to provision UNEs and other services.
8.3.9.2 Trouble Isolation Charge - A Miscellaneous Charge will be applied for
trouble isolation in accordance with Maintenance and Repair processes set forth in the
Maintenance and Repair Section of the Agreement. Exhibit A includes charges for
Trouble isolation.
8.3.9.3 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.
8.3.9.4 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 ICDF, or on
the MDF/COSMICTM. These are both recurring and nonrecurring charges.
8.3.9.5 Splitter Charge - A nonrecurring -charge will apply for the cost of each
Splitter purchased by Qwest on behalf of CLEC. This charge wil cover the cost of the
Splitter, plus any associated costs incurred by Qwest to order the Splitter.
8.3.9.6 Engineering - A nonrecurring charge will apply for the planning and
engineering associated with placing Splitters in the Central Office, either in a bay, on the
ICDF, or on the MDF/COSMICTM.
8.3.9.7 Splitter Tie Cable Connections Charge - A nonrecurring Charge will apply
for the cost of each tie cable connected to the Splitters in three (3) different
configurations: common area; Collocation space; and Main Distribution Frame. This
charge will cover both the tie cables and associated blocks per one hundred (100) pair
between the Splitter and the ICDF or Splitter bay.
8.3.9.8 The rates for each of the aforementioned split services rate elements are
set forth in Exhibit A.
8.6 Maintenance and Repair
8.6.6 Splitter Collocation
8.6.6.1 When 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 Splitters. CLEC will leave one (1) unused, spare Splitter
card in every shelf to be used for Maintenance and Repair until such time as the card
must be used to fil the shelf to capacity.
8.6.6.2 When Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC may install test access equipment in its Collocation
May 28, 2008/msd/BullsEye Telecom/UNEslID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)8
Attachment 2
Section 8
Common Area Splitter 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 inCC Docket No. 98-147.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)9
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
ATTACHMENT 3
UNBUNDLED NETWORK ELEMENTS (UNEs)
The following UNEs Section 9.0 replaces the existing UNEs Section 9. in its entirety:
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 the Agreement by
amendment pursuant to Section 2.2 of the Agreement. CLEC and Qwest agree that the UNEs
identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, 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. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE
subsequently defined by the FCC.
9.1.1.1 UNEs shall only be obtained for the provision of Telecommunications
Services, which do not include telecommunications utilized by CLEC for its own
administrative use.
9.1.1.2 CLEC may not access UNEs for the exclusive provision of Mobile Wireless
Services or Interexchange Services.
9.1.1.3 If CLEC accesses and uses a UNE consistently with Section 9.1.2, CLEC
may provide any Telecommunications Services over the same UNE.
9.1.1.4 To submit an order to obtain a high capacity Loop or transport UNE, CLEC
must undertake a reasonably diligent inquiry and, based on that inquiry, self-certify that,
to the best of its knowledge, its request is consistent with the requirements discussed in
Sections iV, V, and Vi of the Triennial Review Remand Order and that it is therefore
entitled to unbundled access to the particular Network Elements sought pursuant to
Section 251 (c)(3) of the Act. As part of such reasonably diligent inquiry, CLEC shall
ensure that a requested unbundled DS1 or DS3 Loop is not in a Wire Center identified
on the list provided by Qwest of Wire Centers that meet the applicable non-impairment
thresholds as specified in Section 9.2, and that a requested unbundled DS1, DS3 and/or
dark fiber transport circuit UNE is not between Wire Centers found identified on the list of
Wire Centers that meet the applicable non-impairment threshold as specified in Section
9.6.
9.1.1.4.1 Upon receiving a request for access to a dedicated transport or
high-capacity loop UNE that indicates that the UNE meets the relevant factual
criteria discussed in sections V and Vi of the Triennial Review Remand Order,
Qwest must immediately process the request if the UNE is in a location that does
not meet the applicable non-impairment thresholds as specified in Section 9.2 or
Section 9.6. To the extent that Qwest seeks to challenge any other such UNEs,
it subsequently can raise that issue through the dispute resolution procedures
provided for in the Agreement.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)10
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.1.1.4.2 Intentionally Left Blank
9.1.1.4.3 Additional Non-Impaired Wire Centers. When Qwest files a
request(s) to add additional Wire Center(s) to the Qwest Non-impaired Wire
Center list, Qwest wil follow the procedures for making such requests as agreed
to by Qwest and certain CLECs in the Multi-state Settlement Agreement
Regarding Wire Center Designations and Related Issues on June 20, 2007. If
the Commission approves the Wire Center(s) as non-impaired, fifteen (15) Days
after Commission-approval CLEC will no longer order impacted High Capacity
Loops, high capacity transport UNEs and Dark Fiber Dedicated Transport UNEs
in (for loops) or between (for transport) those Non-impaired Wire Centers. Qwest
and CLEC will work together to identify those circuits impacted by such change. .
9.1.1.4.3.1 Length of Transition Period for Additional Non-Impairment
Designations. .
9.1.1.4.3.1.1 When the Commission approves additional DS1
and DS3 loop or high capacity transport UNE non-impairment
designations as described in Section 9.1.1.4.3, CLEC will have
ninety (90) days from the effective date of the order in which the
Commission approves the addition to the Qwest Non-impaired
Wire Center list to transition the applicable Non-Impaired Facilties
to an alternative service.
9.1.1.4.3.1.2 When the Commission approves additional Dark
Fiber transport non-impairment Designations as described in
Section 9.1.1.4.3, CLEC will have one-hundred and eighty (180)
days from the effective date of the order in which the Commission
approves the addition to the Qwest Non-impaired Wire Center list
to transition to an alternative arrangement. Qwest and CLEC will
work together to identify those circuits impacted by such a
change.
9.1.1.4.3.2 Rate During Transition Period for Additional Non-
Impairment Designations.
9.1.1.4.3.2.1 For a ninety (90) day period beginning on the
effective date on which the Commission approves an addition to
the Qwest Non-impaired Wire Center list, any DS1 Loop UNEs,
DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and DS3
Dedicated Transport UNEs that CLEC leases from Qwest as of
that date, but which Qwest is not obligated to unbundle, shall be
available for lease from Qwest at a rate equal to 115% of the UNE
rates applicable as of the effective date on which the Commission
adds the Wire Center to the Qwest Non-impaired Wire Center list.
9.1.1.4.3.2.2 For a one-hundred and eighty (180) day period
beginning on the effective date on which the Commission
approves an addition to the Qwest Non-impaired Wire Center list,
any Dark Fiber Dedicated Transport UNEs that CLEC leases from
Qwest as of that date, but which Qwest is not obligated to
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)11
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
unbundle, shall be available for lease from Qwest at a rate equal
to 115% of the UNE rates applicable as of the effective date on
which the Commission adds the Wire Center to the Qwest Non-
impaired Wire Center list.
9.1.1.4.3.2.3 The 115% rate described in Sections 9.1.1.4.3.2.1
and 9.1.1.4.3.2.2 will be applied to CLEC bills on the following bil
cycle, and may be applied as a manual adjustment. Any manual
bill adjustment for the time period for which the facilities were in
place will be applied to each account based on the Billing
Telephone Number (BTN) and/or Circuit (CKT) identification
number per Biling Account Number (BAN) with an effective bill
date as of the effective date on which the Commission adds the
Wire Center to the Qwest Non-impaired Wire Center list.
9.1.1.4.3.2.4 For high capacity loops and high capacity transport
UNE transitions, Qwest will assess the non-recurring charge
contained in the appropriate Tariff. No additional non-recurring
charges apply for the transition, other than OSS non-recurring
charges if applicable. Qwest shall not impose any recurring or
nonrecurring OSS 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.
9.1.1.4.3.2.4.1 When Qwests tariff rate exceeds $25,
Qwest wil provide a clearly identified lump sum credit
within three (3) billing cycles that results in an effective net
non-recurring charge of $25. This lump sum credit applies
until July 31,2010.
9.1.1.5 If it is determined by CLEC or Qwest that CLEC's access to or use of UNEs is
inconsistent with Existing Rules, except due to change of law, CLEC has thirty (30) Days
to convert such UNEs to alternate service arrangements and CLEC is subject to back
billing for the difference between rates for the UNEs and rates for the Qwest alternate
service arrangements. CLEC is also responsible for all non-recurring charges
associated with such conversions.
9.1.1.6 When CLEC submits an order to convert a special access circuit to a UNE
and that circuit has previously been exempt from the special access surcharge pursuant
to 47 C.F.R. § 69.115, CLEC shall document in its certification when and how the circuit
was modified to permit interconnection of the circuit with a local exchange subscriber
line.
9.1.1.7 To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis with an Unbundled Network
Element or combination of Unbundled Network Elements. Notwithstanding the
foregoing, the following are not available for resale Commingling:
a) Non-telecommunications services;
May 28,2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)12
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
b) Enhanced or Information services;
c) Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and
d) Network Elements offered pursuant to Section 271.
9.1.1.8 CLEC may Commingle UNEs and combinations of UNEs with wholesale
services and facilities (e.g., switched and special access services offered pursuant to
Tariff), and request Qwest to perform the necessary functions to provision such
Commingling. CLEC will be required to provide the CFA (Connecting Facilty
Assignment) of CLEC's network demarcation (e.g., Collocation or multiplexing facilties)
for each UNE, UNE Combination, or wholesale service when requesting Qwest to
perform the Commingling of such services. Qwest shall not deny access to a UNE on
the grounds that the UNE or UNE Combination shares part of Qwests network with
access services.
9.1.1.8.1 When a UNE and other service are Commingled, the service
interval for each facility being Commingled will apply only as long as a unique
provisioning process is not required for the UNE or service due to the
Commingling. Performance measurements and\or remedies do not applicable to
the total Commingled arrangement but do apply to each facility or service
ordered within the Commingled arrangement. Work performed by Qwest to
provide Commingled services that are not subject to standard provisioning
intervals will not be subject to performance measures and remedies, if any,
contained in the Agreement or elsewhere, by virtue of that service's inclusion in a
requested Commingled service arrangement. Provisioning intervals applicable to
services included within a requested Commingled service arrangement will not
begin to run until CLEC provides a complete and accurate service request,
necessary CFAs to Qwest, and Qwest completes work required to perform the
Commingling that is in addition to work required to provision the service as a
stand-alone facility or service.
9.1.1.8.2 Qwest will not combine or Commingle services or Network
Elements that are offered by Qwest solely pursuant to Section 271 of the
Communications Act of 1934, as amended, with Unbundled Network Elements or
combinations of Unbundled Network Elements.
9.1.1.8.3 Services are available for Commingling only in the manner in
which they are provided in Qwests applicable product Tariffs, catalogs, price
lists, or other Telecommunications Services offerings.
9.1.1.8.3.1 Entrance Facilties and mid-span meet SPOI obtained
pursuant to Section 7 of the Agreement are not available for
Commingling.
9.1.1.9 Ratcheting. To the extent that CLEC requests Qwest to commingle a UNE or
a UNE Combination with one or more facilities or services thatCLEC has obtained at
wholesale from Qwest pursuant to a method other than unbundling under Section
251(c)(3) of the Act, Qwest will not be required to bill that wholesale circuit at multiple
rates, otherwise known as ratcheting. Such commingling will not affect the prices of
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)13
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
UNEs or UNE Combinations involved.
9.1.1.9.1 To the extent a multiplexed facilty is included in a Commingled
circuit then: (1) the multiplexed facilty wil be ordered and billed at the UNE rate
if and only if all circuits entering the multiplexer are UNEs and (2) in all other
situations the multiplexed facility will be ordered and billed pursuant to the
appropriate Tariff.
9.1.1.10 Service Eligibility Criteria. The following Service Eligibility Criteria apply to
combinations and/or Commingling of high capacity (DSt and DS3) Loops and interoffce
transport (high capacity EELs). This includes new UNE EELs, EEL conversions
(including commingled EEL conversions), or new commingled EELs (e.g., high capacity
loops attached to special access transport).
9.1.1.10.1 Except as otherwise provided in this Section 9.1.1.10, Qwest shall
provide access to Unbundled Network Elements and Combinations of Unbundled
Network Elements without regard to whether CLEC seeks access to the
Unbundled Network Elements to establish a new circuit or to convert an existing
circuit from a service to Unbundled Network Elements.
9.1.1.10.2 CLEC must certify that the following Service Eligibility Criteria are
satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to
obtain a new high capacity EEL; or '(3) to obtain at UNE pricing any portion of a
Commingled circuit that includes a high capacity Loop and transport facility or
service. Such certification shall be in accordance with all of the following
Sections.
9.1.1.10.2.1 State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the absence
of a state certification requirement, has complied with registration,
tariffing, filing fee, or other regulatory requirements applicable to the
provision of local voice service in that area.
9.1.1.10.2.2 Per Circuit Criteria. The following criteria are satisfied for
each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL:
9.1.1.10.2.3 Telephone Number Assignment. Each circuit to be
provided to each End User Customer will be assigned a local telephone
number prior to the provision of service over that circuit. This requires
that each DS 1 circuit must have at least one (1) local telephone number
and each DS3 circuit has at least twenty-eight (28) local telephone
numbers. The origination and termination of local voice traffic on each
local telephone number assigned to a circuit shall not include a toll charge.
and shall not require dialing special digits beyond those normally required
for a local voice calL.
9.1.1.10.2.4 911 or E911. Each circuit to be provided to each End User
Customer will have 911 or E911 capability prior to the provision of service
over that circuit.
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)14
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.1.1.10.2.5 Collocation.
a) Each circuit to be provided to each End User Customer wil
terminate in a Collocation arrangement that is established
pursuant to Section 251(c)(6) of the Act and located at Qwests
Premises within the same LATA as the End User Customer's
premises, when Qwest is not the collocator, and cannot be at an
Interexchange Carrier POP or ISP POP location;
b) Each circuit to be provided to each End User Customer wil
terminate in a Collocation arrangement that is located at the third
part's premises within the same LATA as the End User
Customer's premises, when Qwest is the collocator; and
c) When a DS1 or DS3 EEL Loop is connected to a
multiplexed facility, the multiplexed facilty must be terminated in a
Collocation arrangement that is established pursuant to Section
251 (c)(6) of the Act and located at Qwests Premises within the
same LATA as the End User Customer's premises, when Qwest is
not the collocator, and cannot be at an Interexchange Carrier POP.
or ISP POP location.
9; 1.1.10.2.6 Interconnection Trunking. CLEC must arrange for the .
meaningful exchange of traffc which must include hand-offs of local voice
calls that flow in both directions. Where CLEC does not arrange for a
meaningful exchange of traffic, those arrangements cannot be attributed
toward satisfaction of this criterion. At a minimum, each DS1 circuit must
be served by a DSO equivalent LIS trunk in the same LATA as the End
User Customer served by the circuit. For each twenty~four (24) DS1
circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the
same LATA as the End User Customer served by the circuit.
9.1.1.10.2.6.1 Calling Party Number. Each circuit to be
provided to each End User Customer will be served by an
Interconnection trunk over which CLEC will transmit the Calling
Party Number in connection with calls exchanged over the trunk.
For each twenty-four (24) DS1 EELs or other facilities having
equivalent capacity, CLEC will have at least one (1) active DS1
LIS trunk over which CLEC will transmit the Calling Party Number
in connection with calls exchanged over the trunk. If the Calling
Party Number is not exchanged over an Interconnection trunk,
that trunk shall not be counted towards meeting these criteria.
9.1.1.10.2.7 End Office Switch. Each circuit to be provided to each End
User Customer will be served by an End Office Switch capable of
switching local voice traffic. CLEC must certify that the switching
equipment is either registered in the LERG as a Class 5 Switch or that it
can switch local voice traffic.
9.1.1.10.3 CLEC must provide certification to Qwest through a certification
letter, or other mutually agreed upon communication, that each individual high
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)15
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
capacity loop in combination, or Commingled, with a Qwest-provided high
capacity transport facility or service, meets the Service Eligibility Criteria set forth
above before Qwest will provision or convert the high capacity facility in
combination or Commingled.
9.1.1.10.4 CLEC's high capacity combination or Commingled facilty Service
Eligibilty shall remain valid only so long as CLEC continues to meet the Service
Eligibilty Criteria set forth above. If CLEC's Service Eligibility on a given high
capacity combination or Commingled facilty is no longer valid, CLEC must
submit a service order converting the facility to the appropriate private
line/special access service within thirty (30) Days.
9.1.1.10.5 Service Eligibility Audits. In order to confirm reasonable
compliance with these requirements, Qwest may perform Service Eligibilty
Audits of CLEC's records. Service Eligibility Audits shall be performed in
accordance with the following guidelines:
9.1.1.10.5.1 Qwest may, upon thirty (30) Days written notice to CLEC
that has purchased high capacity combination and Commingled facilities,
conduct a Service Eligibility Audit to ascertain whether those high
capacity facilities were eligible for UNE treatment at the time of
Provisioning or conversion and on an ongoing basis thereafter.
9.1.1.10.5.2 CLEC shall make reasonable efforts to cooperate with any
Service Eligibility Audit by Qwest and shall maintain and provide Qwest
with relevant records (e.g., network and circuit configuration data, local
telephone numbers) which demonstrate that CLEC's high capacity
combination and Commingled facilities meet the Service Eligibilty
Criteria.
9.1.1.10.5.3 An independent auditor hired and paid for by Qwest shall
perform any Service Eligibility Audits, provided, however, that if a Service
Eligibility Audit reveals that CLEC's high capacity combination and
Commingled facility circuit(s) do not meet or have not met the Service
Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the
audit. To the extent the independent auditor's report concludes that
CLEC complied in all material respects with the Service Eligibility Criteria,
Qwest shall reimburse CLEC for its costs associated with .the Service
Eligibility Audit.
9.1.1.10.5.4 An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for
Certified Public Accountants (AICPA) and during normal business hours,
unless there is a mutual agreement otherwise.
9.1.1.10.5.5 Qwest shall not exercise its Service Eligibility Audit rights
with respect to CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibility Audit does find non-compliance, Qwest shall not exercise its
Service Eligibility Audit rights for sixty (60) Days following that audit, and if
any subsequent Service Eligibilty Audit does not find non-compliance,
May 28, 2008/msd/BullsEye Telecom/UNEslID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)16
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
then Qwest shall not exercise its Service Eligibility Audit rights for the
remainder of the calendar year.
9.1.1.10.5.6 At the sametime that Qwest provides notice of a Service
Eligibilty Audit to CLEC under this paragraph, Qwest shall send a copy of
the notice to the Federal Communications Commission.
9.1.1.10.5.7 Service Eligibilty Audits conducted by Qwest for the
purpose of determining compliance with Service Eligibility Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
. Qwest may have pursuant to other provisions of the Agreement.
9.1.1.10.5.8 Qwest shall not use any other audit rights it may have
under the Agreement to audit for compliance with the Service Eligibility
Criteria of this Section. Qwest shall not require a Service Eligibility Audit
as a prior prerequisite to Provisioning combination and Commingled
facilities.
9.1.1.10.5.9 CLEC shall maintain appropriate records to support its
Service Eligibilty Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
9.1.1.10.5.10 If a Service Eligibility Audit demonstrates that a high
capacity combination and Commingled facilities do not meet the Service
Eligibility Criteria above, the CLEC must convert all non~compliant circuits
to private line/special access circuits and CLEC must true-up any
difference in payments within thirty (30) days.
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. Notwithstanding the foregoing, Qwest
shall provide access and UNEs at the service performance levels set forth in Section 20 of the
Agreement. Notwithstanding specific language in other sections of the Agreement, all
provisions of the 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 facilties 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 Èxchange Service or its
Eligible Telecommunications Carrier (ETC) obligation to provide primary basic local
Exchange Service. CLEC wil be responsible for any construction charges for which an
End User Customer would be responsible. In other situations, Qwest does not agree
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)17
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant to
Section 9.19.
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 facilties 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 wil complete incremental
facility work (Le., conditioning, place a drop, add a Network Interface Device, and
other routine network modifications as described below) in order to complete
facilties to the End User Customer's premises.
9.1.2.1.2.1 Qwest shall make all routine network modifications to
unbundled Loop and transport facilities used by CLEC where the
requested loop or transport facility has already been constructed. Qwest
shall perform these routine network modifications to unbundled Loop or
transport facilties in a non-discriminatory fashion, without regard to
whether the Loop or transport facility being accessed was constructed on
behalf, or in accordance with the specifications, of any carrier.
9.1.2.1.2.2 A routine network modification is an activity that
Qwest regularly undertakes for its own retail End User Customers.
Routine network modifications include, but are not limited to, rearranging
or splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a line
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that Qwest ordinarily
attaches to a DS1 loop to activate such loop for its own retail End User
Customer. They also include activities needed to enable CLEC to light a
dark fiber transport facility. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable, and installing equipment casings. Routine network
modifications do not include the installation of new aerial or buried cable
for CLEC.
9.1.2.1.3 During the normal assignment process, if no available facilties
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 wil initiate
an engineering job order for delivery of primary service to the End User
Customer. When the engineering job is completed, CLEC will receive
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)18
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 supplemental order to change the Due
Date toa 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.
9.1.2.1.4 Qwest wil provide CLEC notification of major Loop facilty builds
through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds one hundred thousand
dollars ($100,000) in total cost, the estimated Ready for Service Date, the
number of pairs or fibers added, and the location of the new facilties (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.
9.1.2.1.5 Intentionally Left Blank.
9.1.3 Intentionally Left Blank.
9.1.4 Qwest will provide a connection between Unbundled Network Elements and a
Demarcation Point. Such connection is an Interconnection Tie P-air (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 'Offce
Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are
contained in Exhibit A. The 'lP 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
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 Offce Demarcation Point mutually-agreed to by the Parties.
9.1.5 CLEC may connect Network Elements in any Technically Feasible manner.
Qwest wil provide CLEC with the same features, functions and capabilties 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
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)19
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
(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 å manner that allows CLEC to combine such
elements to provide any Telecommunications Services. Qwest shall not in any way restrict
CLEC's 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.
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 wil 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.
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 functionaliy of such combination.
9.1.7 Installation intervals for Unbundled Network Elements are located in Qwests
Wholesale Service Interval Guide (SIG) located on Qwests website.
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.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)20
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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
Interoperabilty 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 C.F.R. Parts 51 and 52. Qwest
provides such disclosures on an Internet web site.
9.1.10 Channel Regeneration. Qwests design will ensure the cable between the
Qwest-provided active elements and the DSX will meet the proper signal level requirements.
Channel regeneration will not be charged for separately for Interconnection between a
Collocation space and Qwests network. Cable distance limitations are based on ANSI
Standard T1.1 02-1993 "Digital Hierarchy - Electrical Interface; Annex B."
9.1.11 Recurring and nonrecurring charges apply for Unbundled Network Elements, as
provided under "Rate Elements" subsections of this Section 9.
9.1.12 Miscellaneous Charges apply for miscellaneous services listed below in this
Section, if such miscellaneous services are available with Unbundled Network Elements as
provided under "Rate Elements" subsections of this Section 9. Miscellaneous services are
provided at CLEC's request or are provided based on CLEC's actions that result in
miscellaneous services being. provided by Qwest. Miscellaneous Charges are in addition to
recurring and nonrecurring charges that apply under this -Amendment. When more than one
miscellaneous service is requested for the same Unbundled Network Element(s), Miscellaneous
Charges for each miscellaneous service apply. Basic rates apply for miscellaneous services
provided during Qwests regular business hours, 8 a.m. to 5 p.m., local time, Monday through
Friday, excluding holidays; overtime Miscellaneous Charges apply for such services provided
between 5 p.m. and 8 a.m., local time, Monday through Friday, or any time Saturday, excluding
holidays; and premium Miscellaneous Charges apply for such services provided any. time on
Sundays or holidays.
a) Additional engineering - engineering work including: 1) additional technical
information after Qwest has already provided the technical information normally on the
design layout record; 2) customized service; or 3) review of Qwest outside plant
records. Basic or overtime rates apply.
b) Additional labor - installation - installation work scheduled to be performed
outside of Qwests regular business hours. Overtime or premium rates apply.
c) Additional labor - other - work not included in "additional labor - installation"
above that involves labor only, including testing and maintenance that are not part of
initially requested installation or maintenance, or, for example, for Optional Testing when
CLEC reports trouble and provides no test results and authorizes Qwest to perform tests
on CLEC's behalf. Basic, overtime, or premium rates apply.
d) Additional cooperative acceptance testing - performing specific tests requested
by CLEC. Qwests participation in such testing is subject to the availability of necessary
qualified Qwest personnel and test equipment at test locations, which normally include
the Qwest Central Office and may include CLEC's specified location. Tests include, but
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Section 9
Unbundled Network Elements (UNEs)
are not limited to, loop back, attenuation, intermodulation, phase jitter, noise, delay,
echo, and frequency shift tests. Basic, overtime, or premium rates apply.
e) Non-scheduled testing - performing specific tests requested by CLEC as
described above under "cooperative testing" or "manual testing" on a non-scheduled
basis. Tests include, but are not limited to, loss, noise, slope, delay, and echo. Such
tests are performed as the result of a repair request and are in addition to tests required
to isolate and repair trouble. Basic, overtime, or premium rates apply.
f) Cancellation - cancellation of a pending order for the installation of services at
any time prior to notification by Qwest that service is available for use. The cancellation
date is the date Qwest receives notice from CLEC that the order is cancelled. If CLEC
or CLEC's End User Customer is unable to accept service within thirty (30) Days after
the original Due Date, the order wil be cancelled by Qwest. Prices for this
miscellaneous service are market-based, using Qwests Tariffed, cataloged, price listed,
or other similarly documented prices, and are subject to change. Additional information
concerning the application of prices for cancellations can be found in Qwests Tariff FCC
NO.1, Section 5.
g) Design change - information provided by CLEC or a request from CLEC that
results in an engineering review and/or a design change to service on a pending service
order, per order, per occurrence. Design changes include, but are not limited to: 1)
changes to the address on a pending service order when the new address is in the same
Qwest Wire Center as the original address; or 2) conversions from an Unbundled
Network Element to a private line/Special Access circuit. In addition to a design change
Miscellaneous Charge, an address change may result in the application of an expedite
Miscellaneous Charge in order to retain the original Due Date. Prices for this
miscellaneous service are market-based, using Qwests Tariffed, cataloged, price listed,
or other similarly documented prices, and are subject to change.
h) Dispatch - 1) information provided by CLEC, or a request from CLEC, in relation
to installation of services, resulting in dispatch of a Qwest techniciån(s) when dispatch is
not required for Qwest to complete its installation work; 2) information provided by CLEC
resulting in dispatch, or a request from CLEC for dispatch, of a Qwest technician(s) in
relation to a repair request where no trouble is found in Qwests facilities; and 3) a Qwest
technician(s) is dispatched and CLEC or CLEC's End User Customer is not available or
ready. Prices for this miscellaneous service are market-based, using Qwests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
i) Expedite - a Due Date that reflects a shorter service interval than is available in
Qwests Service Interval Guide; or that is a request for an earlier Due Date than has
been established on a pending order: or that is required to meet a Due Date on a
pending order due to design or other changes submitted by CLEC. Qwest will
accommodate CLEC's request for an expedited installation if it can do so without
delaying Due Dates or orders of other CLECs or End User Customers. Charges for
expedited installations are in addition to nonrecurring charges for the service ordered.
Prices for this miscellaneous service are market-based, using Qwests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
j) Maintenance of ServicelTrouble Isolation - work performed by Qwest when
CLEC reports trouble to Qwest and no trouble is found in Qwests facilities. CLEC is
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Section 9
Unbundled Network Elements (UNEs)
responsible for payment of charges when the trouble is in equipment or systems
provided by a party(ies) other than Qwest. Additionally, when CLEC reports trouble
within a quantity of services and circuits, but fails to identify the specific service and
circuit experiencing trouble, charges apply for the time spent by Qwest to isolate the
trouble. A call-out of Qwest technician at a time not consecutive with that technician's
scheduled work period is subject to a minimum charge of four (4) hours. Failure of
Qwest personnel to find trouble in Qwest facilities will result in no charge if the trouble is
subsequently found in those facilities. Charges apply per Qwest technician, from the
time of dispatch unti the work is complete. Trouble Isolation Charges (TIC) apply for
trouble isolation work on POTS and Maintenance of Service charges apply for trouble
isolation work on other services. Dispatch Miscellaneous Charges may apply in addition
to Maintenance of Service charges or TIC. Basic, overtime, or premium rates apply.
Prices for this miscellaneous service are market-based, using Qwests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
9.1.13 Intentionally Left Blank.
Intentionally Left Blank.9.1.14
9.1.15 Expedite requests for designed Unbundled Network Elements are allowed.
Expedites are requests for intervals that are shorter than the interval defined in Qwests Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates.
9.1.15.1 CLEC will request an expedite for designed Unbundled Network
Elements, including an expedited Due Date, on the Local Service Request (LSR) or the -
Access Service Request (ASR), as appropriate.
9.1.15.2 The request for an expedite will be allowed only when the request meets
the criteria outlined in the Pre-Approved Expedite Process in Qwests Product Catalog
for expedites at Qwests wholesale web site.
9.1.16 Intentionally Left Blank.
9.2 Unbundled Loops
9.2.1 Description
The Unbundled Loop is defined as a transmission facility between a distribution frame (or its
equivalent) in a Qwest Central Offce and the Loop Demarcation Point at an End User
Customer's premises. The Unbundled Loop includes all features, functions, and capabilities of
such transmission facility. Those features, functions, and capabilties include, but are not limited
to, attached electronics that are necessary for the full functionality of the loop (except those
electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access
Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1, and DS3 Loops.
9.2.1.1 Loop Demarcation Point - For purposes of this Section, Loop
Demarcation Point is the point where Qwest owned or controlled facilities cease, and
CLEC, End User Customer, owner or landlord ownership of facilities begins.
9.2.1.2 FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-
Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or
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Section 9
Unbundled Network Elements (UNEs)
lit, and serving an End User Customets premises, or, in the case of predominantly
residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that
extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a
Fiber-to-the-Curb (FTTC) loop is a local loop. consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer's premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a
copper distribution plant loop at a serving area interface from which every other copper
distribution subloop also is not more than 500 feet from the respective End User
Customer's premises.
9.2.1.2.1 FTTH/FTTC New Builds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop to an End User Customer's premises
that had not previously been served by any loop facilty prior to October 2,2003.
9.2.1.2.2 FTIH/FTTC Overbuilds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop parallel to, or in replacement of, an
existing copper loop facility. Notwithstanding the foregoing, where Qwest
deploys a FTTH/FTIC loop parallel to, or in replacement of, an existing copper
loop facility:
9.2.1.2.2.1 Qwest shall: (i) leave the existing copper loop
connected to the -End User Customer's premises after deploying the
FTTH/FTTC loop to such premises, and (ii) upon request provide access
to such copper loop as an Unbundled Network Element. Notwithstanding
the foregoing, Qwest shall not be required to incur any expense to ensure
that any such existing copper loop remains capable of transmitting signals
prior to receiving a request from CLEC for access, as set forth above, in
which case Qwest shall restore such copper loop to serviceable condition
on an Individual Case Basis. Any such restoration shall not be subject to
Performance Indicator Definition or other performance service
measurement or intervals. Qwests obligations under this subsection
9.2.1.2.2 shall terminate when Qwest retires such copper Loop in
accordance with the provisions of Section 9.2.1.2.3 below.
9.2.1.2.2.2 In the event Qwest, in accordance with the
provisions of Section 9.2.1.2.3 below, retires the existing copper loop
connected to the End User Customer's premises, Qwest shall provide
access, as an Unbundled Network Element, over the FTTH/FTTC loop to
a 64 kbps transmission path capable of voice grade service.
9.2.1.2.3 Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH/FTTC Loops. In the event Qwest decides to replace
any copper loop or copper Subloop with a FTTH/FTTC Loop, Qwest wil: (i).provide notice of such planned replacement on its web site
(www.qwest.com/disclosures); (ii) provide e-mail notice of such planned
retirement to CLECs; and (iii) provide public notice of such planned replacement
to the FCC. Such notices shall be in addition to any applicable state Commission
notification that may be required. Ariy such notice provided to the FCC shall be
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Section 9
Unbundled Network Elements (UNEs)
deemed approved on the ninetieth (90th) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) CLEC objection to a Qwest notice that it
plans to replace any copper Loop or copper subloop with a FTTH/FTTC Loop
shall be filed with the FCC and served upon Qwest no later than the ninth (9th)
business day following the release of the FCC's public notice of the filing and (ii)
any such objection shall be deemed denied ninety (90) Days after the date on
which the FCC releases public notice of the filing, unless the FCC rules
otherwise within that period.
9.2.1.3 Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both
fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the
distribution plant.
9.2.1.3.1 Broadband Services. When CLEC seeks access to a Hybrid
Loop for the provision of broadband services, including DS1 or DS3 capacity, but
not DSL, Qwest shall provide CLEC with non-discriminatory access on an
unbundled basis to time division multiplexing features, functions, and capabilities
of that Hybrid Loop, only where impairment has been found to exist to establish a
complete transmission path between Qwests Central Offce and an End User
Customer's premises. This access shall include access to all features, functions,
and capabilities of the Hybrid Loop that are not used to transmit packetized
information.
9.2.1.3.2 Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services, Qwest may either:
a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (Le., equivalent to
DSO capacity), using time division multiplexing technology; or
b) Provide non-discriminatory access to a spare home-run copper
loop serving that End User Customer on an unbundled basis.
9.2.1.4 Intentionally Left Blank.
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 User Customers. 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 User
Customers. Unbundled Loops shall be provisioned in accordance with Qwests
Wholesale Service Interval Guide (SIG) located on Qwests website, and the
performance metrics set forth in Section 20 of the Agreement 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
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Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 Unbundled Loop, Qwest wil 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 provision Unbundled Loops over 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 suffcient to cause reasonable concern about 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
access in a manner reasonably related to the need to protect Confidential
or Proprietary Information. CLEC shall be responsible for Qwests
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 and xDSL-1 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, metallc wire, metallic
wire based digital Loop carrier, and fiber optic fed digital carrier systems. Qwest wil
provision digital Loops in a non-discriminatory manner, using the same facilties
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
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)26
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Section 9
Unbundled Network Elements (UNEs)
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 Intentionally Left Blank.
9.2.2.3.1.1 DS1 Unbundled Loops. Subject to the cap described in
Section 9.2.2.3.1.1.1, Qwest shall provide CLEC with non-discriminatory
access to a DS 1 Loop on an unbundled basis to any building not served
bya Wire Center with at least 60,000 Business Lines and at least four (4)
Fiber-based Collocators. Once a Wire Center exceeds both of these
thresholds, no future DS1 Loop unbundling will be required in that Wire
Center.
9.2.2.3.1.1.1 Cap on Unbundled DS1 Loop Circuits. CLEC may
obtain a maximum of ten (10) unbundled DS1 Loops to any single
building in which DS1 Loops are available as Unbundled Loops.
9.2.2.3.1.2 DS3 Unbundled Loops. Subject to the cap described
in Section 9.2.2.3.1.2.1, Qwest shall provide CLEC with non-
discriminatory access to a DS3 Loop on an unbundled basis to any
building not served by a Wire Center with at least 38,000 Business Lines
and at least four (4) Fiber-based Collocators. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
that Wire Center.
9.2.2.3.1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may
obtain a maximum of a single unbundled DS3 Loop to any single
building in which DS3 Loops are available as unbundled Loops.
9.2.2.3.2 If CLEC orders a 2/4 wire non-loaded Unbundled Loop for an End
User Customer served by a digital loop carrier system, Qwest will conduct an
assignment process which considers the potential for an 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 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 (Le., 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
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)27
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Section 9
Unbundled Network Elements (UNEs)
involved within three (3) months of such Due Date. Where Qwest does not
perform conditioning in accord with the standards applicable under the
Agreement, CLEC shall be entitled to a credit of one-half (1/2) 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 the 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-1 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, and BRITE cards in order to provision the
Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be
required in orderto 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 its 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-1 capable Loops using the specifications in the
Technical Publication 77384. Refer to that document for more information. CLEC wil
be charged an Extension Technology recurring charge in addition to the Unbundled
Loop recurring charge, if applicable, as specified in Exhibit A. 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 DS1 capable Loops provide a transmission path between a
Central Offce network interface at a DS1 panel or equivalent in a Qwest serving
Central Office and the network interface at the End User Customer location. DS1
capable Loops transport bi-directional DS1 signals with a nominal transmission
rate of 1.544 Mbit/s. DS1 capable Loops shall meet the design requirements
specified in Technical Publication 77384 (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 Customer location. DS3 capable Loops transport bi-directional DS3
signals with 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 (DS3).
9.2.2.7 Qwest is not obligated to provision BRI-ISDN, xDSL-I-capable, DS1 or
DS3-capable 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:
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)28
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Section 9
Unbundled Network Elements (UNEs)
the 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. CLEC may request an audit of Qwests
company records, back office systems and databases pertaining to Loop information
pursuant to Section 18 of the Agreement.
9.2.2.8.1 Loop Qualification TooL. CLEC may use the Loop Qualification
tool to pre-qualify the requested circuit utilizing the existing telephone number or
address to determine whether it meets DSL specifications. The qualification
process screens the circuit for compliance with the design requirements specified
in Technical Publication 77399.
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, ML T 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, ML T 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 CLEC through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and
whether there are load coils on the Loop.
9.2.2.8.4 DSL Qualification TooL. The DSL Qualification Tool is available
to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer
regarding the Loop's ability to support Qwest DSL service. If the DSL
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 CLEC 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.
9.2.2.8.6 If the Loop make-up information for a particular facility is not
contained in the Loop qualification tools, if the Loop qualification tools return
unclear or incomplete information, or ifCLEC identifies any inaccuracy in the
information returned from the Loop qualification tools, and provides Qwest with
the basis for CLEC's belief that the information is inaccurate, then CLEC may
request, and Qwest will perform a manual search of the company's records, back
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template). 29
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 Qwests 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, the
existence of any terminals, such as Remote Terminals or digital loop terminals,
Bridged Tap, and load coils; Loop length, and wire gauge. In the case of Loops
served by digital loop carrier, the email will provide the availabilty of spare feeder
and distribution facilities that could be used to provision service to the End User
Customer, including any spare facilities not connected to the Switch and Loop
makeup for such spare facilities. After completion of the investigation, Qwest wil
load the information into the Loop Facilties Assignment and Control System
(LFACS) database, which wil populate this Loop information into the fields in the
Loop qualification tools.
9.2.2.9 Provisioning Options. The following 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. Testing parameters are
described below and in Qwest Technical Publication 77384, Qwest Interconnection
Service - Unbundled Loop.
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 Customer, the Basic
Installation option is a "lift and lay" procedure. The Central Offce
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 Customer 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 Locàl Number
Portability (LNP) option, that enables CLEC to receive the Quick Loop
installation interval as set forth in Qwests Wholesale Service Interval
Guide located on Qwests website. 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 copperalternative.
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 Customer, Basic
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Unbundled Network Elements (UNEs)
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 ImplementorlTester perform the required performance tests to
ensure that the new circuit meets required parameter limits.
9.2.2.9.2.2 The Qwest ImplementorlTester 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 Customer service, the Basic
Installation with Performance Testing option requires a dispatch to the
End User Customer 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 ImplementorlTester 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 "ApPC?intment
Time" when it submits the LSR. On the Due Date (DO), at CLEC's 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 Qwests 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 Customer, Coordinated
Installation With Cooperative Testing .is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Offce 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 Customer service, Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
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Section 9
Unbundled Network Elements (UNEs)
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
ImplementorlTester 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 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 (DO), at
CLEC's designated Appointment Time, the Qwest ImplementorlTester 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 submittng 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 dispatcA that offers CLEC the ability to coordinate the
conversion activity. The Qwest Implementor advises CLEC when the "lit
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 Customer
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
ImplementorlTester complete the required performance tests to ensure
that the new circuit meets required parameter limits. CLEC wil not
receive test results. When installation is complete, Qwest wil . 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 Customer, 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
ImplementorlTester will contact CLEC, read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest wil
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.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)32
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.2.2.9.5.2 For new End User Customer service, Basic
Installation With Cooperative Testing may require a dispatch to the End
User Customer 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
Qwests fault, Qwest will waive the nonrecurring charge for the installation
option. If CLEC stil desires cooperative testing, the Parties will attempt to
set a new Appointment Time on the same day and, if unable to do so,
Qwest wil issue a jeopardy notice and a FOC with a new Due Date.
9.2.2.9.6 Performance Testing.
performance tests for various Loop types:
Qwest performs the following
a) 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
b) 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
c) 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 (AN I) when' dial-tone is present
d) DS 1-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
e) DS3-Capable Loops
Continuity Testing
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 DSO Unbundled Loops.
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Section 9
Unbundled Network Elements (UNEs)
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 Qwests ability to meet a
reasonable demand. Considerations such as system down time, Switch
upgrades, Switch maintenance, and the possibilty of other CLECs
requesting the same Frame Due Time (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 (FOG). 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 Qwests standard
installation hours or out of hours. Qwest standard installation hours for
Unbundled Loops are 8:00 a.m. to 5:00 p.m. (local time), Monday through
Friday, excluding holidays. 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 (4) 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 to change the Due Date, within twenty-four
(24) hours ofthe negotiated FDT, CLEC will be charged a one (1) Personthree (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 (1) Person
three (3) hour minimum charge.
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 End User Customer. If the problem cannot be corrected
within an acceptable timeframe to CLEC or the End User Customer,
CLEC may request the restoral of Qwest service for the ported End User
Customer. Such restoration shall begin immediately upon request. If
CLEC is in error then a supplemental order shall be provided to Qwest. If
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Section 9
Unbundled Network Elements (UNEs)
Qwest is in error, no supplemental 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 Customer.
9.2.2.10 CLEC may request Qwest to Commingle DS1 or DSO analog voice grade
unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Qwests
special access or private line Tariffs. Terms and conditions for this Commingled
arrangement are provided in Section 9.25.
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 Interoperabilty
require advance notice pursuant to the Notices Section of the Agreement.
9.2.2.12 If there is a conflict between an End User Customer (or its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops,
Qwest wil advise the End User Customer to contact CLEC, and Qwest will initiate
. contact with CLEC.
9.2.2.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User
Customer 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 wil 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 Qwests 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
Qwests property in that facility. Entry for any other purpose is subject to audit provisions
in the Audit Section of the Agreement.
9.2.2.14 Intentionally Left Blank.
9.2.2.15 Reuse of Loop Facilities
9.2.2.15.1 When an End User Customer contacts Qwest with a request to
convert their local service from CLEC to Qwest, Qwest wil notify CLEC of the
loss of the End User Customer, and will disconnect the Loop Qwest provided to
CLEC. Qwest will disconnect the Loop only where Qwest has obtained proper
Proof of Authorization.
9.2.2.15.2 When CLEC contacts Qwest with a request to convert an End
User Customer from their Current Service Provider to CLEC, CLEC is
rèsponsible for notifying the Current Service Provider of the conversion. Qwest
will disconnect the Loop Qwest provided the Current Service Provider and, at
CLEC's request, where technically compatible, will reuse the Loop for the service
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Section 9
Unbundled Network Elements (UNEs)
requested by CLEC (e.g., resale service).
9.2.2.15.3 When CLEC contacts Qwest with a request to convert an End
User Customer from Qwest to CLEC, at CLEC request, Qwest wil reuse the
existing Loop faciliies 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.
9.2.2.16 Lack of Facilities; Priority Right to Facilities. In the event Qwest notifies
CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest
shall maintain the order as pending for a period of thirty (30) business days. If facilties
become available to fill the order within that thirty (30) business day period, Qwest shall
notify CLEC of such availability. CLEC and Qwest acknowledge that the availability of
facilities hereunder is on a first come, first served basis. Any facility orders placed by
any other provider, including Qwest, which predate CLEC's order shall have priority for
any facilities made available under the terms of this section.
9.2.3 Rate Elements
The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A.
Recurring charges vary based on CLEC selected installation options, conditioning, and
extension technology. Exhibit A also provides Miscellaneous Charges.
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, Basic Rate (BRI) ISDN and xDSL-I~Capable
Loop Recurring and Nonrecurring rates.
9.2.3.3.1 DSO, DS1, and DS3-Capable Loop 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-1 Capable Loops.
9.2.3.5 Conditioning Nonrecurring rates for 2/4 wire non-loaded Loops, Basic
Rate (BRI) ISDN and xDSL-1 Capable Loop, as requested and approved by CLEC.
9.2.3.6 All miscellaneous services as described in Section 9.1.12 are available
with Unbundled Loops. Miscellaneous Charges apply for miscellaneous services.
9.2.3.7 Miscellaneous Charges for Out of Hours Coordinated Installations.
9.2.3.7.1 Intentionally Left Blank.
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Section 9
Unbundled Network Elements (UNEs)
9.2.3.7.2 Intentionally Left Blank.
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 labor - installation Miscellaneous Charges in addition to regular
nonrecurring charges for the installation.
9.2.3.8 Conversions of private line/special access circuits to Unbundled Loops.
9.2.4 Ordering Process
9.2.4.1 Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Operational Support Systems Section of the Agreement. Detailed
ordering processes are found on the Qwest wholesale web site.
9.2.4.2 Prior to placing orders on behalf of the End User Customer, 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, ISDN
capable Loop or xDSL-1 capable Loop, CLEC should use one of Qwests 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 wil 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. 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, ISDN-capable
Loop, and xDSL-I-capable Loop, or DS1-capable Loop, Qwest wil return
a Firm Order Confirmation (FOC) to CLEC within seventy-two (72) hours
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Section 9
Unbundled Network Elements (UNEs)
from receipt of a valid and accurate LSR. Return of such FOC wil
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 available to fil 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 (Le., five (5) ~ays).
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 CLECvia a reject notification. CLEC must
submit a new version of the LSR approving Loop conditioning. In
this scenario, the Application Date wil correspond to the date the
new version is received by Qwest.
9.2.4.3.1.2.3 Intentionally Left Blank.
9.2.4.3.1.2.4 Intentionally Left Blank.
9.2.4.4 Installation intervals for all Unbundled Loops are defined in Qwests
Wholesale Service Interval Guide located on Qwests website. 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. Forservice 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 of the Agreement. The Firm
Order Confirmation wil 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 provided the service originates at CLEC's Collocation in the
Serving Wire Center. The Loop conversion ordering process applies.
9.2.4.7 Intentionally Left Blank.
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.
9.2.4.9 The installation interval for xDSL Loops depends on the need to condition
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Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 wil 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, Qwests standard installation hours
are 8:00 a.m. to 5:00 p.m.. (local time), Monday through Friday, excluding
holidays. CLEC may request an out of hours Coordinated Installation outside of
Qwests standard installation hours. Installations requested outside of standard
installation hours are considered to be out of hours Installations.
9.2.4.10.2 Intentionally Left Blank.
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 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 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 Qwests 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 applies if the trouble is found to be on CLEC's side or on
the End User Customer's side of the Loop Demarcation Point. If the trouble is on the
End User Customer's side of the Loop Demarcation Point, CLEC is required to perform
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)39
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
its own maintenance.
9.2.5.3 Before submitting a repair request to Qwest, CLEC will isolate trouble to
the Qwest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by
Qwest, and Qwest determines that the trouble is on CLEC's or the End User Customer's
side of the Loop Demarcation Point, a Maintenance of Service charge applies. If CLEC
elects not to perform trouble isolation and Qwest performs tests on the Unbundled Loop
at CLEC's request, a Maintenance of Service charge applies. Maintenance and Repair
processes are set forth in Section 12.3 of the Agreement.
9.2.5.4 Qwest wil 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 Loops
provided to CLEC by Qwest. Based on this analysis, Qwest will take corrective measure
to fix persistent and recurrent problems, reporting to CLEC 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, ISDN-capable Loops,
xDSL-I-capable Loops, DS1-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 notdistribute, 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
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)40
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
aforementioned personnel who have access to such Confidential Information be
involved in Qwests 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 wil place such T1 s,
by whomever employed, within binder groups ina 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'
T1 s 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
Part 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 Intentionally Left Blank.
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 the Commission or other authorized
dispute resolution body. CLEC may submit any claims for resolution under Section 5.18
of the 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 Qwests 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
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)41
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
to apportion responsibility for those costs, including, but not limited to CLECs taking
services under the Agreement.
9.2.7 Private line/special access circuits may be converted to Unbundled Loops subject to
the terms and conditions of the Agreement, including the following criteria: 1) must be Iike-for-
like facilities, e.g., DS1 private line to DS1 capable Unbundled Loop; 2) must originate at
CLEC's Collocation site in the serving Central Offce; and 3) must terminate at an End User
Customer's premises. The provisioning intervals for converting from private line/special access
to Unbundled Loop are located in the Service Interval Guide (SIG). Additional information can
be found in the Product Catalog for Unbundled Loop.
9.3 Subloop Unbundling
9.3.1 Description
9.3.1.1 An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a
transmission facility between any point that it is Technically Feasible to access at
terminals in Qwests outside plant (originating outside of the Central Office), including
inside wire owned or controlled by Qwest, and terminates at the End User Customer's
premises. An accessible terminal is any point on the Loop where technicians can
access the wire within the cable without removing a splice case to reach the wire within.
Such points may include, but are not limited to, the pole, pedestal, Network Interface
Device, minimum point of entry, single point of Interconnection, Remote Terminal,
Feeder Distribution Interface (FDI), or Serving Area Interface (SAl). CU~C shall not
have access on an unbundled basis to a feeder subloop defined as facilities extending
from the Central Office to a terminal that is not at the End User Customer's premises or
multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only
to the extent it is part of fa complete transmission path, not a subloop, between the
, Central Offce and the End User Customer's premises or MTE. This section does not
address Unbundled Dark Fiber MTE Subloop which is addressed in Section 9.7.
9.3.1.1.1 Building terminals within or physically attached to a privately
owned building in a Multiple 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 the
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 faciliies of Qwest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Qwest facilities where they
cire also used by CLECs for Subloop element access, and (6) any otherrequirements, 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 the
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)42
9.3.1.2
a)
b)
c)
d)
9.3.1.3
9.3.1.4
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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, and shall make its
determinations within ten (10) business days and shall apprise CLEC of the
conditions for access. If there is a dispute regarding the conditions for access,
Qwest shall attempt to accommodate access pending resolution of the specific
issues in dispute.
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.
9.3.1.1.4.2 Detached Terminals: All accessible terminals other
than MTE Terminals.
9.3.1.1.5 Intentionally Left Blank.
Standard Subloops available.
Two-Wire/Four Wire Unbundled Distribution Loop
Intentionally Left Blank
Two-Wire/Four Wire Non-loaded Distribution Loop
Intrabuilding Cable Loop
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 $ubloops 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.
Field Connection Point
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)43
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 of the Agreement and
does not constitute a Cross Connect Collocation.
9.3.1.4.3 A FCP arrangement can be established either within a Qwest
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 wil 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 facilties to Qwests Subloops. The Demarcation Point between
CLEC and Qwests 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 the 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 Intentionally Left Blank.
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 Customer location. The Two-
Wire/Four-Wire Unbundled Distribution Loop is suitable for local exchange-type
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)44
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
services. CLEC can obtain access to this Unbundled Network 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 Customer 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 (Le., "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 Network Element at any Technically
Feasible accessible terminaL.
9.3.2.1.3 Intrabuilding Cable Loop: a Qwest-provided facility from the
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 a Subloop in a campus
environment from an accessible terminal that seRIes multiple buildings, CLEC
can access the Subloop by ordering a Distribution Loop (pursuant to either
Section 9.3.2.1.1 or Section 9.3.2.1.2. A campus environment is one piece of
property, owned by one (1) Person or entity, on which there are multiple
buildings.
9.3.2.2 Intentionally Left Blank.
9.3.2.2.1 Intentionally Left Blank.
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. Collocation is
not required to access Subloops used to access the network infrastructure within an
MTE, unless CLEC requires the placement of equipment in a Qwest Premises. Cross
Connect Collocation, as defined in Section 9.3, refers to creation of a cross connect field
and does not constitute Collocation as defined in Section 8 of the Agreement. The terms
and conditions of Section 8 of the Agreement do not apply to Cross Connect Collocation
if required at or near an MTE.
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
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)45
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 facilties within the MTE. CLEC will be responsible for all work associated
with bringing its facilties into and terminating the facilties 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 facilties, CLEC must seek to
use such space. In such circumstances, an inventory of CLEC's terminations within the
MTE shall be input into Qwests systems to support Subloop orders before Subloop
orders are provisioned or in conjunction with the first Subloop order in the MTE. If CLEC
requires immediate access to the Subloop, then CLEC may access the Subloop element
prior to the completion of the inventory per Section 9.3.5.4.7. Qwest shall have five (5)
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 intervaL. If CLEC submits
a Subloop order before Qwest inputs the inventory into its systems, Qwest shall process
the order in accordance with Section 9.3.5.4.1.
9.3.3.6 If CLEC connects Qwests 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) 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 MTE, 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.
'Qwests obligation to construct a SPOI is limited to those MTEs where Qwest has
distribution facilities to that MTE and owns, controls, or leases the inside wire at the
MTE. In addition, Qwest shall have an obligation only when CLEC indicates that it
intends to place an order for access to an unbundled Subloop Network Element via a
SPOI. In such instances, CLEC shall pay the applicable charge, identified in Exhibit A,
which shall be ICB, based on the scope of the work required.
9.3.3.7.1 If Qwestmust rearrange its MTE Terminal to make space for
CLEC, Qwest shall have forty~five (45) 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) 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.
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)46
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.3.3.72 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 facilties 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 facilties 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.
9.3.4 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.
9.3.42 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.
9.3.4.3 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 Qwests 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 the
Agreement) and shall coordinate its facility placement with Qwest, when placing
its 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 responsibilty of CLEC to resolve with the municipality, utility, property
owner or other third part.
9.3.4.3.2 The optimum point and method to access Subloop elements wil
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.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)47
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.3.4.3.3 CLEC must identify the size and type of cable that will be
terminated in the Qwest FCP location. Qwest wil 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 responsibilty 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 Qwestis 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.
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 utilze the
Dispute Resolution process pursuant to the Dispute Resolution Section of the
Agreement. 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 Part's facilties. 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 of the Agreement.
9.3.5.1.2 CLEC shall identify Subloop elements by NC/NCI codes. This
information shall be kept confidential and used solely for spectrum management
purposes.
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.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)48
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 facilties or attempt to run a jumper between its Subloop
elements and Qwests 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 Qwests Wholesale Service Interval Guide located on Qwests
website, shall apply.
9.3.5.3 Intentionally Left Blank.
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 Qwestin writing,
including via email, of its intention to provide access to End User Customers that
reside within a MTE. Upon receipt of such request, Qwest shall have up to ten
(10) Days to notify CLEC and the MTE owner whether Qwest believes it or theMTE owner owns the intrabuilding cable. In the event that there has been a
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 facilties on the End User Customer side of
the terminal, the preceding ten (10) Day period shall be reduced to five (5) Days
from Qwests 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 orders Intrabuilding Cable Loop, CLEC shall dispatch a
technician to run a jumper between its Subloop elements and Qwests 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 Qwests 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.
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)49
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 Qwests Standard MTE
Access Protocol unless the Parties have negotiated a separate document
for such Subloop access. If CLEC requests a MTE Access Protocol that
is different from Qwests Standard MTE Access Protocol, Qwest shall
negotiate with CLEC promptly and in good faith toward that end.
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 Qwests Wholesale Service
Interval Guide located on Qwests website, shall apply.
9.3.5.4.7 For access to Qwests 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 of the Agreement.
9.3.5.5.2.1.2 A Cross Connect Collocation in a detached
terminal shall be provisioned within ninety (90) 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) Days of
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)50
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Section 9
Unbundled Network Elements (UNEs)
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
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 wil 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) 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
Exhibit A provides recurring and nonrecurring rates for Subloop and also provides
Miscellaneous Charges.
9.3.6.1 All Subloop Types
9.3.6.1.1 Recurring Charges - CLEC will be charged monthly recurring
charges for each Subloop.
9.3.6.1.2 Nonrecurring Charges - One-time charges apply for specific
work activities associated with installation of each Subloop.
9.3.6.2 Intentionally Left Blank.
9.3.6.3 Additional Rate Elements for Detached Terminal Subloop Access
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Amendment to CDS-040920-0008 - (from .11-5-07 Nego Template)51
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.3.6.3.1 Cross Connect Collocation Charge: CLEC shall pay the full
nonrecurring charge for creation of a Cross Connect Collocation upon
submission of the Collocation Application. The FCP Request Form shall not be
considered complete until complete payment is submitted to Qwest, as described
in Section 8.1.1.8.1 of the Agreement.
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 charged for
in accordance with the rate elements set forth in Section 8 of the Agreement.
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 for each Subloop ordered by CLEC.
9.3.6.4 Additional Rate Elements for MTE Terminal Subloop Access
9.3.6.4.1 CLEC will be charged the Subloop MTE - POI Site Inventory
nonrecurring charge for Qwest to complete an inventory of CLEC's facilities .
within the MTE such that Subloop orders can be submitted and processed.
9.3.6.4.2 CLEC wil be charged the MTE - POI Rearrangement of
Facilities nonrecurring charge for Qwest to complete a rearrangement of facilities
to make room for an MTE for CLEC.
9.3.6.4.3 CLEC will be charged the MTE - POI Construction of New SPOI
nonrecurring charge for Qwest to construct a new MTE SPOI for CLEC.
9.3.6.5 Nonrecurring charges apply for conditioning for Distribution Subloop.
9.3.6.6 All miscellaneous services as described in Section 9.1.12 are available
with Subloop. Miscellaneous Charges apply for miscellaneou~ services.
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 Intentionally Left Blank
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 Qwests
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
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Amendment to CDS-040920-0008 . (from 11-5-07 Nego Template)52
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a
Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to
access only a NID (Le., 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 Qwests 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 End User Customer's premises wiring, including access to the
Cross Connection field, regardless of the particular design of the NID mechanism. Although the
NIDprovides the connection to the End User Customer's 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 End User 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 Qwests NID, as well as any on premises wiring that Qwestowns or controls,
wil remain in place and continue to carry the signal over the End User Customer's on-premises
wiring to the End User Customer'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
Customer's on-premises inside yviring 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 faciliies.
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. Qwes! 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.
9.5.1.4 Intentionally Left Blank.
9.5.2 Terms and Conditions
9.5.2.1 CLEC may 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 facilities-based
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)53
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
provider up to and including its NID, the Qwest facility currently in place, including the
NID, wil remain in place.
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 pràctices, 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 Part's own NID. Future installation of Qwest
NIDs will be such that it wil not unnecessarily impede access to the End User
Customer's wiring.
9.5.2.1.4 CLEC may enter the subscriber access chamber or End User
Customer side of a dual chamber NID enclosure 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 an End
User 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
Qwests 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 End User Customer's in-premises wiring. All services fed
through a protector field in a Qwest NID that is attached to a building wil interface on
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)54
Attachment 3
SectiOlt9
Unbundled Network Elements (UNEs)
industry standard lugs or a binding post type of termination and then extend, via a Cross
Connection, to the End User 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
used by Qwest or any other Telecommunications Carrier to provide service to the
premises. If 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.
9.5.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for access or modifications to an existing
NID, andExhibit A also provides Miscellaneous Charges.
9.5.3.1 If CLEC requests the current simple NID be replaced with a different
simple NID, pursuant to Section 9.5.2.1, additional labor - other Miscellaneous Charges
wil be assessed 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 apply for unbundled access to the protector field in a
Qwest NID, pursuant to Section 9.5.2.5. As of the Effective Date of the Agreement,
Qwest has not implemented charges for this recurring rate element, but reserves the
right to assess such a charge in the future.
9.5.3.3 When 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 as additional labor - other Miscellaneous Charges.
9.5.3.4 When Qwest makes rearrangements to the inside wire terminations or
terminal enclosure pursuant to Section 9.5.2.1.5, charges will be assessed as additional
labor - other Miscellaneous Charges.
9.5.3.5 CLEC wil be charged for any change-out Qwest performs pursuant to
Section 9.5.2.2. CLEC wil be billed only for the portion of the change-out that is specific
to CLEC's request for modified/additional capacity. Charges will be assessed as
additional labor - other Miscellaneous Charges.
9.5.4 OrderingProcess
9.5.4.1 Intentionally Left Blank.
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 Section 9.3. If the terminal is a NID and
CLEC wishes to access the End User Customer field of the NID, no additional
verification is needed by Qwest. CLEC shall tag its jumper wire.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)55
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.5.4.2.1 When CLEC seeks to connect to a cross connect field other than
to the End User 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 the
Agreement. No additional verification is needed by Qwest and CLEC shall tag its
jumper wire.
9.5.4.3 Subject to the terms of Section 9.5.4.2, CLEC may perform a NID-to-NID
connection, according to Section 9.5.2.3, and access the End User Customer field ofthe
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 Customer'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 facilties 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. This work is billed to CLEC as additional labor - other Miscellaneous
Charges. Maintenance and Repair pi:cesses are contained in the Access to OSS
Section 12.3 of the 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 Wire Centers in the
same LATA and state. UDIT provides a path between one (1) CLEC's Collocation in one
(1) Qwest Wire Center and a different CLEC's Collocation in another Qwest Wire Center.
UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffice transmission path
designed to a DSX in each Qwest Wire Center. UDIT is available in DSO through DS3
bandwidths. CLEC can assign channels and transport its choice of voice or data.
Specifications, interfaces and parameters are described in Qwest Technical Publication
77389.
9.6.2 Terms and Conditions
9.6.2.0 Intentionally Left Blank.
9.6.2.0.1 Qwest shall unbundle DS1 transport between any pair of Qwest
Wire Centers except where, through application of "Tier" classifications, as
defined in the Definition Section 4 of the Agreement, both Wire Centers defining
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)56
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
the Route are Tier 1 Wire Centers. As. such, Qwest must unbundle DS1
transport if a Wire Center at either end of a requested Route is not a Tier 1 Wire
Center, or if neither is a Tier 1 Wire Center.
9.6.2.0.1.1 On Routes for which no unbundling obligation for DS3
dedicated transport circuits exists but for which DS1 Dedicated Transport
is available on an unbundled basis, CLEC may obtain a maximum of ten
(10) unbundled DS1 Dedicated Transport circuits.
9.6.2.0.2 Qwest shall unbundle DS3 transport between any pair of Qwest
Wire Centers except where, through application of "Tiet' classifications, as
defined in the Definition Section 4 of the Agreement, both Wire Centers defining
the Route are either Tier 1 or Tier 2 Wire Centers. As such, Qwest must
unbundle DS3 transport if a Wire Center on either end of a requested Route is a
Tier 3 Wire Center.
9.6.2.0.2.1 CLEC may obtain a maximum of twelve (12) unbundled
DS3 dedicated transport circuits on each Route where DS3 dedicated
transport is available on an unbundled basis.
9.6.2.0.3 Intentionally Left Blank.
9.6.2.0.4 All services provided in this Section 9.6 are subject to the
Ratcheting criteria as provided in Section 9.1.1.9.
9.6.2.0.5 All services provided in this Section 9.6, when combined with high
capacity Loops, are subject to the Service Eligibility Criteria as provided in
Section 9.1.1.10.
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 UDIT element from one point to another.
9.6.2.2 Intentionally Left Blank.
9.6.2.3 With the exception of combinations provided through the UNE
Combinations Section 9.23, CLEC may utilize any form of Collocation at both ends of the
UDIT. Qwests design will ensure the cable between the Qwest-provided active elements
and the DSX wil meet the proper signal level requirements. Channel regeneration will not
be charged for separately for Interconnection between a Collocation space and Qwests
network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital
Hierarchy - Electrical Interface; Annex B."
9.6.2.4 Intentionally Left Blank.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)57
9.6.2.5
9.6.2.6
9.6.2.7
9.6.2.8
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
9.6.2.9 Upon CLEC request, Qwest will convert special access or private line
circuits to UDIT, provided the service originates at CLEC's Collocation in the Serving
Wire Center.
9.6.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for UDIT and also provides Miscellaneous
Charges.
9.6.3.1
9.6.3.2
DS1 UDIT includes the following rate 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 Facilties (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between QlNest 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 Qwest Wire Centers.
c) Intentionally Left Blank.
d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS 1 service.
e)Intentionally Left Blank.
DS3 UDIT rates include the following rate 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 Qwest Wire Centers.
c) Intentionally Left Blank.
d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)58
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
e)Intentionally Left Blank.
9.6.3.3 DSO UDIT includes the following rate elements:
a) DSO Transport Termination (Fixed). 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) DSO Transport Facilities (Per Mile). 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 DSO UDIT. The
mileage is calculated between the originating and terminating Qwest Wire
Centers.
c) DSO Nonrecurring Charges. One-time charges apply for a specific work
activity associated with installation of the DSO service.
d) Low Side Channelization. Recurring charges apply for low side
multiplexed channel cards and settings at each end of the DSO UDIT.
9.6.3.4
9.6.3.5
Intentionally Left Blank.
Intentionally Left Blank.
9.6.3.5.1 .Intentionally Left Blank.
9.6.3.6 Nonrecurring charges apply for rearrangements of UDIT.
9.6.3.7 Intentionally Left Blank.
9.6.3.8 Intentionally Left Blank.
9.6.3.9 The following miscellaneous services, as described in Section 9.1.12, are
available with UDIT. Miscellaneous Charges apply for miscellaneous services.
a)Additional labor - other
b)Cancellation
c)Design Change
d)Dispatch
e)Expedite
f)Maintenance of Service.
9.6.3.10 A nonrecurring charge is applied to the conversion of an existing private
line/Special Access circuit to UDIT.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)59
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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 .Access Service Request (ASR) process.
Ordering processes are contained in the Access to OSS Section 12.2 of the
Agreement.
9.6.4.1.2 Intentionally Left Blank.
9.6.4.1.3 The interval will start when Qwest receives a complete and
accurate ASR. This date is considered the start of the installation interval if the
order is received prior to 3:00 p.m. The installation 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 Qwests Wholesale Service
Interval Guide located on Qwests website.
9.6.4.1.4 Intentionally Left Blank.
9.6.4.1.5 An order may be canceled any time up to and including the Due
Date/Service Date. Cancellation Miscellaneous Charges apply for such
cancellations 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 Qwests Wholesale Service
Interval Guide located on Qwests website, 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 4 of
the 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 Intentionally Left Blank.
9.6.4.4 Intentionally Left Blank.
9.6.4.5 Qwest will perform industry standard tests, set forth in Technical
Publication 77389, when installing UDIT service.
9.6.4.6 To convert an existing private line/special access circuit to UDIT, CLEC
must submit two (2) ASRs to change the circuit identification, Network Channel Interface
Code (NCI) and billing.
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Section 9
Unbundled Network Elements (UNEs)
9.6.4.7 CLEC will submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.g., Connecting Facilty Assignment
(CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes).
9.6.5 Maintenance and Repair
9.6.5.1 The Parties wil 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 Access to OSS Section 12.3 of the Agreement.
9.6.6 Rearrangement
9.6.6.1 CLEC can submit requests through the ASR process to move or
rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options.
These rearrangements are available through a single Wire Center or dual Wire Center
request. Single Wire Center rearrangements are limited to the change in options or
movement of terminations within a single Wire Center. Dual Wire Center
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.
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 outlned in Qwests Wholesale Service Interval Guide located on Qwests
website. 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
Dedicated dark fiber shall be made available to CLEC on an unbundled basis as set forth below.
Dark fiber transport consists of unactivated optical interoffice transmission facilities.
9.7.1 Description
Unbundled Dark Fiber (UDF) is a deployed, unlit strand or strands of fiber that connects two (2)
Wire Centers within Qwests network within the same LATA or state. UDF exists in two (2)
distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route
between two (2) Qwest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE
premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall include
all local exchange Dark Fiber Qwest owns directly or to which it has a right to access under
agreements with any other party affiliated or not, that do not prohibit Qwests ability to provide
access to another Person or entity. Deployed Dark Fiber facilities shall not be limited to facilties
owned by Qwest, but wil 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 Qwests
access; however, in the case of access obtained from an Affliate: (a) the actual practice and
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Section 9
Unbundled Network Elements (UNEs)
custom as between Qwest and the Affliate shall apply, in the event that it provides broader
access than does any documented agreement that may exist, and (b) any terms restrièting access
by CLEC that are imposed by the agreement with the Affliate (excluding good-faith restrictions
imposed by any agreement with a third part from whom the Affliate has gained rights of access)
shall not be applied to restrict CLEC access.
9.7.2 Terms and Conditions
9.7.2.0 Qwest shall unbundle dark fiber transport between any pair of Qwest Wire
Centers except where, through application of "Tier" classifications described in the
Definition Section 4 of the Agreement, both Wire Centers defining the Route are either
Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle dark fiber transport if a
Wire Center on either end of a requested Route is a Tier 3 Wire Center.
9.7.2.1 Qwest will provide CLEC with non-discriminatory access to UDF in
accordance with Section 9.1. Qwest wil 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 A poiot of technically feasible access is any point in Qwests
outside plant at or near an MTE premises where a technician can access the
wire or fiber within the cable without removing a splice case to reach the wire or
fiber within to access the wiring in the MTE premises. Such points include, but
are not limited to, a pole or pedestal, the network interface device, the minimum
point of entry, the single point of interconnection, and the feeder/distribution
interface.
9.7.2.2.3 Intentionally Left Blank.
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 at both ends, provided
that if CLEC requests Qwest to obtain and connect the electronic equipment, Qwest will
follow the requirements of Section 9.19 in deciding whether or not to build the facilties
for CLEC.
9.7.2.4 Qwest will provide Unbundled Dark Fiber to CLEC in increments of one
(1) or two (2) strands. CLEC may obtain up to twenty-five percent (25%) of availableDark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fibet 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 UDF MTE Subloop
fiber 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.
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Unbundled Network Elements (UNEs)
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 Qwests 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 Qwests
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 abilty to meet its
Carrier of last resort obligations as established by any regulatory authority.
Qwest shall initiate such proceeding within seven (7) 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 Intentionally Left Blank.
9.7.2.7 Specifications, interfaces and parameters for Dark Fiber are described in
Qwests Technical Publication 77383.
9.7.2.8
Qwest.
CLEC is responsible for trouble isolation before reporting trouble to
i9.7.2.9 Intentionally Left Blank.
9.7.2.10 Upon thirty (30) 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 Qwests 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 the 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 Intentionally Left Blank.
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Section 9
Unbundled Network Elements (UNEs)
9.7.2.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to Section 9.1.4 at both terminating points of
the UDF-IOF. No Collocation is required in intermediate Wire Centers within a UDF or at
Wire Centers where CLEC's UDFs are cross connected. CLEC has no access to UDF
at those intermediate Wire Centers.
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 CLEC is responsible for all work activities at the MTE premises. All
negotiations with the premises End User Customer and or premises owner are solely the
responsibility of CLEC. .
9.7.2.14 Intentionally Left Blank.
9.7.2.15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a
non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to
access MTE Subloops.
9.7.2.16 CLEC wil 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 Qwests Wholesale Service Interval Guide located on
Qwests website. Qwest and CLEC must coordinate on the 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 (1) 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 CLEC may identify on its order the Wire Center at which Qwest
must provide a light detector and the Wire Center at which CLEC will provide
light generating equipment. If CLEC does not identify the Wire Center on its
order, Qwest and CLEC shall mutually agree on the Wire Center at which CLEC.
will provide the light generating equipment.
9.7.2.17.2
9.7.2.17.3
Intentionally Left Blank.
Intentionally Left Blank.
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 CLEC's disconnect order, Qwest will refund the nonrecurring charges
associated with the Provisioning excluding IRI, FVQP and Field Verification and will
discontinue all recurring charges.
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Unbundled Network Elements (UNEs)
9.7.2.19 Intentionally Left Blank.
9.7.2.20 Intentionally Left Blank.
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.
9.7.3.1.1 CLEC must submit a UDF inquiry and CLEC must specify the
two (2) locations and the number of fibers requested.
9.7.3.1.2 Qwest will notify CLEC, within the interval set forth in Qwests
Wholesale Service Interval Guide located on Qwests website, 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 pursuantto (ii) above.
9.7.3.1.3 If there is UDF available, the UDF simple inquiry response and
the complex inquiry response wil 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 wil 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. If Collocation and or other network demarcation
arrangements have not been completed, CLEC must have obtained preliminary APOT
address information (CFA - Connecting 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-IOF or UDF MTE Subloop), there are
two (2) possible termination scenarios.
9.7.3.3.1 Termination at an MTE. CLEC shall access the UDF MTE
Subloop on the MTE Premises at a Technically Feasible point if possible. If
access is not Technically Feasible on the MTE Premises, then CLEC may
request access to UDF MTE Subloop at a Technically Feasible point near the
MTE Premises. Qwest will prepare and submit to CLEC a quotation along with
the original Field Verification Quote Preparation form (FVQP) within the interval
set forth in Qwests Wholesale Service Interval Guide located on Qwests
website. Quotations are on an Individual Case Basis (ICB) and wil include costs
and an interval in accordance with Qwests Wholesale Service Interval Guide
located on Qwests website.
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Section 9
Unbundled Network Elements (UNEs)
9.7.3.3.2 Intentionally Left Blank.
9.7.3.3.3 Termination at Qwest Wire Center. If spare fiber is available,
and CLEC chooses to proceed, and the request is for UDF terminations at a
Qwest 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 Qwests Wholesale Service
Interval Guide located on Qwests website. CLEC will be notified that
Provisioning is complete and the remaining nonrecurring charges and associated
recurring charges will be biled.
9.7.3.4 An order may be canceled any time up to and including the Service Date.
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 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 a 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 Section 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 Access to OSS Section 12.3 of the 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 wil 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 CLEC's disconnect order,
will discontinue the recurring charges effective as of the date of the commencement of
the trouble.
9.7.5 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Dark Fiber and also provides
Miscellaneous Charges.
9.7.5.1 Dark Fiber includes the following rate elements:
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Unbundled Network Elements (UNEs)
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 (2) Qwest Wire Centers. A complex IRI is used to
determine if a UDF MTE Subloop is available. Qwest wil bil 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. Qwest wil prepare a
quotation which will explain what work activities, timeframes, and additional
costs, including recurring and non-recurring costs, are associated with providing
access to this FOP location. This quotation wil be good for thirt (30) Days. The
FVQP is not necessary when the request is between Qwest Wire Centers (Le.,
simple 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 Engineering
Verification charge assessed in the context of the reservation.
c) Engineering Verification. This rate element is an additional records check
for Unbundled Dark Fiber MTE Subloop.
9.7,5.2 The following rate elements are used once the availability of UDF has
been established and CLfiC chooses to access UDF.
9.7.5.2.1 Unbundled Dark Fiber - Single Strand - 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
FOP within the Qwest Wire Center. Two (2) UDF-IOF terminations apply
per cross connect provided on the facility. Termination charges apply for
each intermediate office terminating at an FOP or like cross connect
point.
b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. Thisrecurring rate element applies per strand. This rate element provides a
transmission path between Qwest Wire Centers. 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 FOP to CLEC's optical Demarcation
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per strand. Cross connect charges apply for each intermediate office
terminating at an FOP 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 Intentionally Left Blank.
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Section 9
Unbundled Network Elements (UNEs)
9.7.5.2.3 Intentionally Left Blank.
9.7.5.2.4
Order.
Unbundled Dark Fiber - Order Charge, First Strand/Route, Per
9.7.5.2.4.1 This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the strand. The
element applies for the first strand that is requested to terminate at a
single location.
9.7.5.2.5 Unbundled Dark Fiber - Order Charge, Each Additional
Strand/Route, Per Order. .
9.7.5.2.5.1 This rate element is the nonrecurring component
assessed for installation of each additional Unbundled Dark Fiber strand.
The element applies to each additional strand ordered to the same
location, on the same request.
9.7.5.2.6 Unbundled Dark Fiber per Pair - IOF Rate Elements
9.7.5.2.6.1 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 at each end of the facility. Termination charges apply for
each intermediate Central Offce terminating at an FDP or like cross
connect point.
9.7.5.2.6.2 UDF-IOF Fiber Transport, (Pair) Rate Element. This
rate element is a recurring 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.
9.7.5.2.7 UDF-IOF Fiber Cross Connect Rate Element.
9.7.5.2.7.1 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. A minimum of two (2) UDF-
IOF fiber cross connects apply per pair. Cross connect charges apply for
each intermediate Central 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.
9.7.5.2.8
Order.
Unbundled Dark Fiber - Order Charge, First PairlRoute, Per
9.7.5.2.8.1 This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the pair. The
element applies for the first pair that is requested to terminate at a single
location.
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Section 9
Unbundled Network Elements (UNEs)
9.7.5.2.9 Unbundled Dark Fiber- Order Charge, Each Additional
Pair/Route, Per Order, Per Location, Per Request.
9.7.5.2.9.1 This rate element is the nonrecurring component assessed
for installation of each additional Unbundled Dark Fiber pair. The element
applies to each additional pair ordered to the same location, or
subsequent locations for CLEC.
9.7.5.2.10 Unbundled Dark Fiber Splice.
9.7.5.2.10.1 This rate element is the nonrecurring charge assessed for
the splice location, if required, to make the UDF MTE subloop accessible.
This rate element is for the work performed at the accessible first
manhole or splicing location associated with an UDF MTE subloop order.
9.7.5.2.11 Unbundled Dark Fiber MTE Subloop.
9.7.5.2.11.1 This rate element includes recurring and nonrecurring
charges assessed for the UDF MTE subloop and it is ICB (Individual
Case Basis).
9.7.5.2.12 Miscellaneous Services. The following miscellaneous services, as
described in Section 9.1.12, are available with Dark Fiber. Miscellaneous
Charges apply for miscellaneous services.
a) Cancellation
b) Dispatch
c) Maintenance of Service.
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Unbundled Network Elements (UNEs)
9.8 Intentionally Left Blank
9.9 Intentionally Left Blank
9.10 Intentionally Left Blank
9.11 Intentionally Left Blank
9.12 Intentionally Left Blank
9.13 Intentionally Left Blank
9.14 Intentionally Left Blank
9.15 Intentionally Left Blank
9.16 Intentionally Left Blank
9.17 Intentionally Left Blank
9.18 Additional Unbundled Elements
CLEC may request non-discriminatory access to and, where appropriate, development of,
additional UNEs not covered in the Agreement pursuant to the Bona Fide Request Process.
9.19 Construction Charges
Qwest will assess whether to build for CLEC in the same manner that it assesses whether to
build for itself. 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 as
described in this Section 9.19. 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.
9.19.1 Qwest reserves the right to determine if Qwest will undertake requested
construction. Some circumstances under which Qwest will reject a construction request include,
but are not limited to, if it is determined that the requested element will jeopardize the reliability
of Qwests existing network, endanger Qwests employees or consumers, is not consistent with
the National Electrical Code (NEG), or does not meet Network Equipment Building Standards
(NEBS) requirements. If Qwest agrees to construct a network element, the following will apply.
9.19.2 CLEC may request that Qwest construct new facilities for use in providing
services offered as Unbundled Network Elements (UNEs) using the CLEC-Requested
Unbundled Network Elements Construction ("CRUNEC") method. CRUNEC is not required for
requests that can be resolved through facility work or assignments. CRUNEC is not available
for requests for facilities that are not offered as UNEs. Qwests CRUNEC applies to the
following Wholesale products and services:
. Enhanced Extended Loop (EEL)
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Section 9
Unbundled Network Elements (UNEs)
· Unbundled Subloop
. Unbundled Dark Fiber (UDF)
. Unbundled Dedicated Interoffce Transport (UDIT)
. Unbundled Local Loop
9.19.2.1 To make a request for construction of facilities, CLEC must submit a
CRUNEC request by contacting the Qwest service manager.
9.19.3 Rates for CRUNEC
9.19.3.1 A Records Quote Preparation Fee (RQPF) applies, and is a nonrecurring
charge assessed prior to preparation of a Records Quotation, which is a high level
overview and estimate of the cost of construction. This construction estimate is based
on records only and is not binding on Qwest. Credit in the amount of the RQPF wil be
applied to the Construction Quote Preparation Fee that is described below.
9.19.3.2 The Construction Quote Preparation Fee (CQPF) is a nonrecurring
charge assessed prior to preparation of the CRUNEC quotation. The CRUNEC
quotation provides the amount CLEC will pay should it agree to pursue construction.
Credit in the amount of the CQPF will be applied to the cost of construction if CLEC
accepts the quoted CRUNEC price and agrees to pursue construction.
9.19.3.2.1 CLEC may choose to first receive a Records Quotation, or may
choose to forego the Records Quotation and pay the CQPF for the CRUNEC
quotation, at any time after receiving notification that facilities are not available to
complete a service request.
9.19.3.3 Qwest will retain the CQPF if CLEC chooses not to proceed with the
construction. At any point after remitting payment for construction, if CLEC decides to
begin but then to discontinue construction, Qwest will refund the Construction payment,
excluding expenditures already incurred by Qwest for work completed (including work
Engineered, Furnished and/or Installed (EF&I)). Qwest will provide a brief description of
work completed.
9.19.3.3.1 EF&I is defined as:
· Engineering labor to analyze the needs for the requested UNE
and design and issue the required work orders
· Furnished material cost
· Installation labor costs to complete the work order
9.19.3.4 The amount of the CRUNEC quotation is determined using the same
financial analysis criteria, and costs to recover for EF&I, that Qwest uses to assess
whether to build the equivalent facilities for itself.
9.19.3.5 Rates are included in Exhibit A.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)71
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.20 Intentionally Left Blank
9.21 Intentionally Left Blank
9.22 Intentionally Left Blank
9.23 Unbundled Network Element 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, Enhanced
Extended Loop (EEL), according to the following terms and conditions.
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 the 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 wil make
available any other form of access requested by CLEC that is consistent with the Act
and the regulations thereunder. CLEC shall be entitled 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 sérvice or
element unless specified in the Agreement or as required for Technical Feasibility
reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE
Combinations accessed by CLEC, except as specified in the 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 unbundle and/or provide in a UNE Combination, shall be
incorporated into the Agreement pursuant to Section 2.2 of the Agreement.
CLEC and Qwest agree that the UNEs identified in Section 9 are not exclusive
and that pursuant to changes in FCC rules, 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. Failure to list a UNE
herein shall not constitute a waiver by CLEC to obtain a UNE subsequently
defined by the FCC.
9.23.1.2.2 CLEC may Commingle UNEs and combinations of UNEs with
wholesale services and facilities (e.g., switched and special access services
offered pursuant to Tariff), and request Qwest to perform the necessary functions
to provision such Commingling. CLEC will be required to provide the Connecting
Facility Assignment (CFA) of CLEC's network demarcation (e.g., Collocation or
multiplexing facilties) for each UNE, UNE Combination, or wholesale service
when requesting Qwest to perform the Commingling of such services. Qwest
shall not deny access to a UNE on the grounds that the UNE or UNE
Combination shares part of Qwests network with access services. All requests.
for combinations and Commingling will be subject to the terms and conditions in
Section 9.1. In addition to the UNE Combinations provided by Qwest to CLEC
hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)72
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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. Notwithstanding the foregoing, CLEC can
connect its UNE Combination to Qwests Directory Assistance and operator
services platforms.
9.23.1.2.3 Intentionally Left Blank.
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
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 Qwests 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 Qwests 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 Qwests network; and
9.23.1.5.3 Would not impair Qwests 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 Qwests network; and
9.23.1.6.4 Would not impair Qwests use of its network.
9.23.1.7 Intentionally Left Blank.
9.23.2 Description
UNE Combinations are available in, but not limited to, the following standard products: 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 the
Agreement. Qwest will provision UNE Combinations pursuant to the terms of the Agreement
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)73
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
without requiring an amendment to the Agreement, provided that all of the UNEs included in the
combination request, and their associated Billing rate elements are contained in the 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 and execute an 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
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 wil provide access in a manner that provides CLEC
with a meaningful opportunity to compete.
9.23.3.2 Intentionally Left Blank.
9.23.3.3 Intentionally Left Blank.
9.23.3.4
9.23.3.5
Intentionally Left Blank.
Intentionally Left Blank.
9.23.3.6 Intentionally Left Blank.
9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interoffice transport and may also include multiplexing. EEL transport and
Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated Interoffice Transport portion of the
EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL.
EEL is offered as a conversion from private line/special access or as new installation
subject to the terms of Section 9.1.1.
9.23.3.7.1 Service Eligibility Criteria in Section 9.1.1.10 apply to
combinations of high capacity (D81 and DS3) Loops and interoffice transport
(high capacity EELs). This includes new UNE EELs, EEL conversions (including
commingled EEL conversions) or new commingled EELs (e.g., high capacity
loops attached to special access transport). CLEC cannot utilize combinations of
Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and
DS1 or DS3 Unbundled Dedicated Interoffice Transport (UDIT) to create high
capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service
Eligibility Criteria in Section 9.1.1.10.
9.23.3.7.2 Intentionally Left Blank.
9.23.3.7.2.1 Intentionally Left Blank.
9.23.3.7.2.2 Intentionally Left Blank.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)74
9.23.3.7.2.3
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
Intentionally Left Blank.
9.23.3.7.2.4 Intentionally Left Blank.
9.23.3.7.2.5 Intentionally Left Blank.
9.23.3.7.2.6 Intentionally Left Blank.
9.23.3.7.2.7 Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
9.23.3.7.2.8
9.23.3.7.2.9
9.23.3.7.2.10 Intentionally Left Blank.
9.23.3.7.2.11 CLEC may request the conversion of an existing
private line/special access service to an EEL. Retail and/or resale private
line circuits (including multiplexing) may be converted to EEL if the
conversion is Technically Feasible and they meet the terms of Section
9.1.1. Qwest will provide CLEC with conversions to EELs according to
the standard intervals set forth in Qwests Wholesale Service Interval
Guide located on Qwests website. Work performed by Qwest to provide
Commingled EELs at CLEC's request or to provide services that are not
subject to_ standard provisioning intervals will not be subject to
performance measures and remedies, if any, contained in the Agreement
or elsewhere, by virtue of that service's inclusion in a requested
Commingled EEL service arrangement. Provisioning intervals applicable
to services included in a requested Commingled service arrangement will
not begin to run until CLEC provides a complete and accurate service
request, necessary CFAs to Qwest, and Qwest completes work required
to provide for the Commingling that is in addition to work required to
provision the service as a stand-alone facility or service.
9.23.3.7.2.11.1 Intentionally Left Blank.
9.23.3.7.2.12 EEL is a combination of Loop and dedicated
interoffice transport used for the purpose of connecting an End User
Customer to CLEC's Collocation. EEL can also be ordered as 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 Intentionally Left Blank.
9.23.3.7.2.12.3 One (1) end of the interoffce facility of a
high capacity EEL must originate at CLEC's Collocation in a Wire
Center other than the Serving Wire Center of the Loop.
9.23.3.7.2.12.4 EEL combinations consist of Loops and
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)75
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
interoffice transport of the same bandwidth (Point-to-Point EEL).
High capacity point-to-point EELs must originate from CLEC's
Collocation in a Wire Center other than the Serving Wire Center of
the Loop. When multiplexing is requested, EEL may consist of
Loops and interoffice transport of different bandwidths
. (multiplexed EEL).
9.23.3.7.2.12.5 Intentionally Left Blank.
9.23.3.7.2.12.6 Installation intervals are set forth in
Qwests Wholesale Service Interval Guide (SIG) located on
Qwests website, on the following web site address:
http://ww.qwest.com/carrier/guides/sig/index.html.
9.23.3.7.2.12.7 Intentionally Left Blank.
9.23.3.7.2.12.8 EEL is available only where existing
facilities are available.
9.23.3.7.2.12.9 Rearrangements may be requested for work
to be performed by Qwest on an existing EEL or on some private
line/special access circuits when coupled with a conversion-as-
specified request to convert to EEL.
9.23.3.8 Ordering
9.23.3.8.1 Intentionally Left Blank.
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
DSO EEL Loop LSR order and apply the charges.
9.23.3.8.4 Intentionally Left Blank.
9.23.3.8.5 One (1) LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL and EEL Loops must be ordered on separate LSRs.
9.23.3.8.6 Out of Hours Project Coordinated Installations: CLEC may
request project coordinated installations outside of Qwests standard installation
hours. This permits CLEC to obtain a coordinated installation for EEL where
CLEC requests work to be performed outside of Qwests standard installation
hours. For purposes of this Section, Qwests standard installation hours are 8:00
a.m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays.
Installations commencing outside of these hours are considered to be out of
hours project coordinated installations.
9.23.3.8.6.1 The date and time for the out of hours project coordinated
installation requires up-front planning and shall be negotiated between Qwest
and CLEC. All requests will be processed on a first come, first served basis
and are subject to Qwests ability to meet a reasonable demand.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)76
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
Considerations such as volumes, system down time, Switch upgrades,
Switch maintenance, and the possibility of other CLECs requesting the same
appointment times in the same Switch (Switch contention) must be reviewed.
9.23.3.8.6.2 To request out of hours project coordinated installations,
CLEC will submit an LSR designating the desired appointment time. CLEC
must specify an out of hours project coordinated Installation in the "remarks"
section of the LSR.
9.23.3.9 Rate Elements
Exhibit A provides recurring and nonrecurring rates for EEL and also provides
Miscellaneous Charges.
9.23.3.9.1 EEL Loop. The EEL Loop is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Loop is
available in DSO, DS1, and DS3 bandwidths. Recurring and nonrecurring
charges apply,
9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated
interoffice facilties between Qwest Wire Centers. EEL Transport is available 'in
DSO, DS1, and DS3 bandwidths. Recurring charges apply.
9.23.3.9.3 EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DSO configurations. EEL multiplexing is ordered with EEL Transport
Recurring and nonrecurring charges apply.
9.23.3.9.4 DSO Low Side Channelization and DSO MUX Low Side
Channelization. EEL DSO Channel Cards are required for each DSO EEL Loop.
Channel Cards are available for Analog Loop Start, Ground Start, Reverse
Battery, and No Signaling.
9.23.3.9.5 Intentionally Left Blank.
9.23.3.9.6 Rearrangements. Nonrecurring charges apply for work
performed by Qwest on an existing EEL or on private line/special access circuits
when coupled with a conversion-as-specified request to convert to EEL.
9.23.3.9.7 Nonrecurring charges apply for conversions of private
line/Special Access to EEL.
9.23.3.9.8 Miscellaneous Charges. The following miscellaneous services,
as described in Section 9.1.12, are available with EEL. Miscellaneous Charges
apply for miscellanéous services.
a) Additional labor - installation Miscellaneous Charges apply for
out-of-hours project coordinated installations scheduled to commence out
of hours, or rescheduled by CLEC to commence out of hours, in addition
to standard nonrecurring charges for the installation
b) Additional labor - other Miscellaneous Charges apply for Optional
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)77
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
Testing
c) Cancellation
d) Design change
e) Dispatch
f) Expedite
g) Maintenance of Service.
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 of the
Agreement. 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
the Agreement.
9.23.3.11 Intentionally Left Blank.
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. Nothing herein
shall be construed as expanding the rights otherwise granted by the 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.
9.23.3.14 Intentionally Left Blank.
9.23.3.15 Intentionally Left Blank.
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 Qwests 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
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)78
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
Qwest will be instructed to contact CLEC, and Qwests 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 Part will be referred to the proper
provider of local Exchange Service; however, nothing in the Agreement shall be deemed
to prohibit Qwest or CLEC from discussing its products and services with CLEC's or
Qwests End User Customers who call the other Part seeking such information.
9.23.4 Rates and Charges
9.23.4.1 The rates and recurring and nonrecurring charges for the individual
Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit
A, and Exhibit A also provides Miscellaneous Charges.
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.
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.
9.23.4.1.3 Miscellaneous Charges will apply based upon Qwest providing
miscellaneous services, if made available, with UNE combination.
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.
9.23.4.3 CLEC shall be responsible for Billing its End User Customers served over
UNE Combinations for surcharges required of CLEC by statute, regulation or otherwise
required.
9.23.4.4 Intentionally Left Blank.
9.23.45 Intentionally Left Blank.
9.23.46 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 UNE Combinations and associated products and services are ordered via
an LSR or ASR, as appropriate. Ordering processes are contained in the Agreement
and in the PCA T. The following is a high-level description of the ordering process:
9.23.5.1.1 Intentionally Left Blank.
9.23.5.1.2 Intentionally Left Blank.
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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)79
9.23.5.1.3 Step 1:
representative.
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
Complete product questionnaire with account team
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 (2) to three (3) weeks from Qwests 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://ww.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 the Agreement.
9.23.5.3 Standard service intervals for each EEL are set forth in Qwests
Wholesale Service Interval Guide located on Qwests website. For UNE Combinations
with appropriate retail analogues, CLEC and Qwest will use the standard Provisioning
interval for the equivalent retail service. CLEC and 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 Access Service Request (ASR) made through
the IMA, EDI or Exact interfaces or through facsimile. For EEL, 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 EEL, 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 Intentionally Left Blank.
9.23.5.6 Intentionally Left Blank.
9.23.5.7 For EELs, 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 Biling
9.23.6.1 Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten
(10) Days of the last day of the most recent Biling period, in an agreed upon standardelectronic Billing format, Biling information including (1) a summary bill, and (2)
individual End User Customer sub-account information consistent with the samples
available for CLEC review.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)80
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.23.7 Maintenance and Repair
9.23.7.1 Qwest wil maintain facilties 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 Splittng provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service 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 (the voice service provider) or another data service provider chosen
by the Customer of Record. The 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 Customer. "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.
9.24.1.1 With regard to Qwests current requirement that Loop Splittng 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 Splittng 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, filer(s) and/or
other equipment necessary for the End User Customer 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 Splitter
installed in the Qwest Wire Center that serves the End User Customer. The
Splitter must meet the requirements for Central Offce 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 Unl;undled 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.
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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Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)81
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2.
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 Splitters may be installed in Qwest Wire Centers at the
discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation
arrangements set forth in the Collocation Section of the Agreement. Under either
option, Splitters wil 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 other split services provided under the
Agreement, except for the additional CLEC-to-CLEC connection, which is
required for Loop Splitting.
9.24.3 Rate Elements
Recurring and nonrecurring charges for the following Loop Splitting rate elements are contained
in Exhibit A, and Exhibit A also provides Miscellaneous Charges.
9.24.3.1 Recurring Rates
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 ass modifications necessary to provide access to the high frequency portion
of the Unbundled Loop.
9.24.3.2 Nonrecurring Rates
9.24.3.2.1 Basic Installation Charge - A nonrecurring charge for Loop
Splittng installed will apply.
9.24.3.3 Miscellaneous Charges. All miscellaneous services as described in
Section 9.1.12 are available with Subloop. Miscellaneous Charges apply for
miscellaneous services.
9.24.3.4
Section).
Rates for Splitter Collocation are included in Exhibit A (Collocation
9.24.3.5 All of these rates are interim and wil 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.
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)82
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
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/OLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to OSS Section 12.2 of the Agreement. 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 Splitters. Qwest will
administer all cross connects/jumpers on the COSMIC/MOF and IOF.
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/OLEC's collocated equipment in the same Wire Center.
9.24.4.1.4 The Customer of Record shall not place orders for Loop Splitting
unti all work necessary to provision Loop Splitting in a given Qwest Wire Center,
including, but not limited to, Splitter installation and tie cable reclassification or
augmentation has been completed.
9.24.4.1.5 The _Customer of Record shall submit the appropriate LSRs
associated with establishing Unbundled Loop and Loop Splittng.
9.24.4.1.6 If the voice service is disconnected on a Loop Splittng
arrangement, the Loop Splitting arrangement shall terminate. CLEC may
arrange to provide DSL service to the End User Customer through purchase ofanother product. .
9.24.5 Billng
9.24.5.1 Qwest shall provide a bill to the Customer of Record, on a monthly basis,
within seven (7) to ten (10) 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.
9.24.6 Repair and Maintenance
9.24.6.1 Qwest wil allow CLEC/DLEC to access Loop Splitting at the point where
the combined voice and data Loop is cross connected to the 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 End User
Customer 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
May 28, 2008/msd/BullsEye Telecom/UNEslID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)83
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
controls the Spliters will be responsible for their maintenance.
9.24.6.3 Qwest, CLEC and DLEC will continue to develop repair and maintenance
procedures for Loop Spliting and agree to document final agreed to procedures in a
methods and proçedures document that will be made available on Qwests web site.
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
voice service provider. Qwest will bill the Customer of Record 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 SecurlD cards, that wil 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 SecurlD 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 wilful or
negligent behavior of Qwest.
9.25 Loop-Mux Combination (LMC)
9.25.1 Description
9.25.1.1 Loop-mux combination (LMC) is an unbundled Loop as defined in
Section 9.2 (referred to in this Section as an LMC Loop) Commingled with a
private line (PL T), or with a special access (SA), Tariffed DS1 or DS3 multiplexed
facility with no interoffice transport. The PL T/SA multiplexed facility is provided
as either an Interconnection Tie Pair (ITP) or Expanded Interconnection
Termination (EICT) from the high side of the multiplexer to CLEC's Collocation.
The multiplexer and the Collocation must be located in the same Qwest Wire
Center.
9.25.1.2 LMC provides CLEC with the ability to access End User
Customers and aggregate OS 1 or DSO unbundled Loops to a higher bandwidth
via a PL T/SA DS1 or DS3 multiplexer. There is no interoffice transport between
the multiplexer and CLEC's Collocation.
9.25.1.3 Qwest offers the LMC Loop as a billing conversion or as new
provisioning.
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)84
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.25.2 Terms and Conditions
9.25.2.1 An Extended Enhanced Loop (EEL) may be commingled with the
PL T/SA multiplexed facilty.
9.25.2.2 LMC Loops will be provisioned where existing facilities are
available.
9.25.2.3 The PLT/SA DS1 or DS3 multiplexed facilty must terminate in a
Collocation.
9.25.2.4 The multiplexed faciliy is subject to all terms and conditions
(ordering, provisioning, and billing) of the appropriate Tariff.
9.25.2.5 The multiplexer and the Collocation must be located in the same
Qwest Wire Center.
9.25.2.6 Rearrangements may be requested for work to be performed by
Qwest on an existing LMC Loop, or on some private line/special access circuits,
when coupled with a conversion-as-specified request to convert to LMC Loop.
9.25.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for LMC and also provides
Miscellaneous Charges.
9.25.3.1 The LMC Loop is the Loop connection between the End User
Customer Premises and the multiplexer in the serving Wire Center where CLEC
is Collocated. LMC Loop is available in DSO and DS1. Recurring and non-
recurring charges apply.
9.25.3.2 DSO Mux Low Side Channelization. LMC DSO channel cards
are required for each DSO LMC Loop connected to a 1/0 LMC multiplexer.
Channel cards are available for analog loop start, ground start, reverse battery,
and no signaling. See channel performance for recurring charges.
9.25.3.3 Nonrecurring charges apply for billing conversions to LMC Loop.
9.25.3.4 Nonrecurring charge apply for rearrangements of an existing
LMC Loop, or on some private line/special access circuits, when coupled with a
conversion-as-specified request to convert to LMC Loop.
9.25.3.5 Nonrecurring charges apply for conversion of private line/special
access to LMC.
9.25.3.6 Miscellaneous Charges. The following miscellaneous services,
as described in Section 9.1.12, are available with LMC. Miscellaneous Charges
apply for miscellaneous services. .
a) Additional labor - installation Miscellaneous Charges apply for
out-of-hours project coordinated installations scheduled to commence out
May 28, 2008/msd/BullsEye Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)85
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
of hours, or rescheduled by CLEC to commence out of hours, in addition
to standard nonrecurring charges for the installation
b) . Additional labor - other Miscellaneous Charges apply for Optional
Testìng
c)Cancellation
d)Design change
e)Dispatch
f)Expedite
g)Maintenance of Service
9.25.4 Ordering Process
9.25.4.1 Ordering processes for LMC Loop(s) are contained in the
Agreement and in Qwests Product Catalog (PCAT). The following is a high-level
description of the ordering process:
9.25.4.1.1 Step 1: Complete product questionnaire for LMC Loop(s)
with account team representative.
9.25.4.1.2 Step 2: Obtain billing account number (BAN) through
account team representative.
9.25.4.1.3 Step 3: Allow two (2) to three (3) weeks from Qwests
receipt of a completed questionnaire for accurate loading of LMC rates to
the Qwest billing system.
9.25.4.1.4 Step 4: After account team notification, place LMC Loop
orders via an LSR.
9.25.4.2 Prior to placing an order on behalf of each End User Customer,
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authorization (POA) as set forth in the Agreement.
9.25.4.3 Standard service intervals for LMC Loops are in the Service
Interval Guide (SIG) available at ww.qwest.com/wholesale.
9.25.4.4 Due date intervals are established when Qwest receives a
complete and accurate LSR made through the IMA or EDI interfaces or through
facsimile. For LMC Loops, the date the LSR is received is considered the start of
the service interval if the order is received on a business day prior to 3:00 p.m.
For LMC Loops, the service interval 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.
May 28, 2008/msd/BullsEye Telecom/UNEs/lD
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)86
Attachment 3
Section 9
Unbundled Network Elements (UNEs)
9.25.4.5 Out of Hours Project Coordinated Installations: CLEC may
request an out of hours project coordinated Installation. This permits CLEC to
obtain a coordinated installation for LMC Loops with installation work performed
by Qwest outside of Qwests standard installation hours. For purposes of this
Section, Qwests standard installation hours are 8:00 a.m. to 5:00 p.m. (local
time), Monday through Friday, except holidays. Installations commencing
outside of these hours are considered to be out of hours project coordinated
installations.
9.25.4.5.1 The date and time for the out of hours project coordinated
installation requires up-front planning and shall be negotiated between Qwest
and CLEC. All requests wil be processed on a first come, first served basis
and are subject to Qwests ability to meet a reasonable demand.
Considerations such as volumes, system down time, Switch upgrades,
Switch maintenance, and the possibility of other CLECs requesting the same
appointment times in the same Switch (Switch contention) must be reviewed.
9.25.4.5.2 To request out of hours project coordinated installations,
CLEC will submit an LSR designating the desired appointment time. CLEC
must specify an outof hours project coordinated Installation in the "remarks"
section of the LSR.
9.25.5 Billng
9.25.5.1 Qwest shall provide CLEC, on a monthly basis, within seven to ten
(7 to 10) Days of the last day of the most recent billing period, in an agreed upon
standard electronic billing format, billing information including (1) a summary bill,
and (2) individual End User Customer sub-account information.
9.25.6 Maintenance and Repair
9.25.6.1 Qwest will maintain facilities and equipment for LMC Loops
provided under the Agreement. Qwest will maintain the multiplexed facilty
pursuant to the Tariff. CLEC or its End User Customers may not rearrange,
move, disconnect or attempt to repair Qwest facilities or equipment, other than by
connection or disconnection to any interface between Qwest and the End User
Customer, without the prior written consent of Qwest.
May 28, 2008/msd/BullsEyé Telecom/UNEs/ID
Amendment to CDS-040920-0008 - (from 11-5-07 Nego Template)87
BullsEye Telecom, Inc.Exhibit A
Idaho
Notes
8.0 Collocation
8.1.20 Splitter Collocation
8.1.20.1 TIE Cable Reclassification ICB 3
8.1.20.2 Splitter Shelf Charae $4.15 $503.72 1 1
8.1.20.3 EnQineerinQ $1,079,85 B
8.1.20.4 Solitter TIE Cable Connections
8.1.20.4,1 Splitter in the Common Area - Data to 410 Block $3.05 $2.689.07 B B
8.1.20.4.2 Solitter in the Common Area - Data Direct to CLEC $3.24 $2,850.97 B B
8.1.20.4.3 Solitter on the IDF - Data to 410 Block $0.95 $834.92 B B
8.1.20.4.4 Splitter on the IDF - Data Direct to CLEC $1.84 $1,623.47 B B
8.1.20.4.5 Splitter on the MDF . Data to 410 Block $0.98 $861.91 B B
8.1.20.4.6 Splitter on the MDF . Data Direct to CLEC $2.18 $1,922.42 B B
8.1.20.5 Splitter Charae .ICB 3
9.0 Unbundled Network Elements UNEs
9.1 Interconnection Tie Pairs nTPI - Per Termination
9.1.1 DSO $0.38 B
9.1.2 DS1 $1.24 B
9.1.3 IDS3 $14.76 B
9.2 Unbundled Loons
9.2.1 AnaloQ Loo s See 9.2.4
9.2.1.1 2-Wire Voice Grade Loop
9.2.1.1.1 Zone 1 $15.65 ##
9.2.1.1.2 Zone 2 $23.76 ##
9.2.1.1.3 IZone 3 $40.50 ##
9.2.1.2 Intentionallv Left Blank
9.2.1.3 4-Wire Voice Grade Looo
9.2.1.3.1 Zone 1 $30.70 ##.
9.2.1.3.2 Zone 2 $46.63 ##
9.2.1.3.3 Zone 3 $79.47 ##
9.2.2 Nonloaded Looos See 9.2.4
9.2.2.1 2-Wire Nonloaded Loop
9.2.2.1.1 IZone 1 $15.65 ##
9.2.2.1.2 IZone 2 $23.76 ##
9.2.2.1.3 IZone 3 $40.50 ##
9.2.2.2 Intentionallv Left Blank
9.2.2.3 4-Wire Nonloaded Loon
9.2.2.3.1 Zone 1 $30.70 ##
9.2.2.3.2 Zone 2 $46.63 ##
9.2.2.3.3 Zone 3 $79.47 ##
9.2.2.4 Loop Unloadin $9.00 A,8
92.2.5 Loop Conditionino $22.00 A,8
9.2.3 Dioital Caoable Looos
9.2.3.1 Basic Rate ISDN I xDSL-1 Capable See 9.2.4
9.2.3.1.1 IZone 1 $15.65 ##
9.2.3.1.2 IZone 2 $23.76 ##
9.2.3.1.3 Zone 3 $40.50 ##
9.2.3.2 Intentionallv Left Blank
9.2.3.3 DS1 Caoable Loop See 9.2.5
9.2.3.3.1 IZone 1 $86.48 ##
9.2.3.3.2 IZone 2 $86.46 ##
9.2.3.3.3 IZone 3 $99.96 ##
9.2.3.4 DS3 Capable Loop See 9.2.6
9.2.3.4.1 Zone 1 $941.95 ##
9.2.3.4.2 IZone 2 $955.04 ##
9.2.3.4.3 IZone 3 $1,264.56 ##
9.2.3.5 Intentionallv Left Blank .
9.2.3.6 2-Wire Extension Technoloov $22.00 A
9.2.4 Loop Installation Charges lor 2 & 4-Wire Analog I Nonloaded, ISDN BRI Capable and xDSL - I See 9.2.1 &
Caoable Looos where conditioninQ is not required.9.2.2
9.2.4.1 Basic Installation
9.2.4.1.1 IFirst $11.03 A
9.2.4.1.2 Each Additional $6.07 A
9.2.4.2 Basic Installation with Performance T estinQ
9.2.4.2.1 First $17.72 A
9.2.4.2.2 I Each Additional $8.99 A
9.2.4.3 Coordinated Installation with Cooperative Testino I Pro'ect Coordinated Installation
9.2.4.3.1 I First .$171.87 #
9.2.4.3.2 Each Additional $94.09 #
9.2.4.4 Coordinated Installation without Cooperative TestinQ I Proiect Coordinated Installation
9.2.4.4.1 I First $59.81 #
9.2.4.4.2 I Each Additional $53,32 #
9.2.4.5 Basic Installation with Coooerative Testino
9.2.4.5.1 First $142.10 #
9.2.4.5.2 Each Additional $94.09 #
Effective 4-1-08 Page 1016
BullsEye Telecom. Inc.Exhibit A
Idaho
9.2.5 DS 1 Looo Installation Charaes See 9.2.3.3
9.2.5.1 Basic Installation
9.2.5.1.1 I First $128.71 B
9,2.5,1.2 I Each Additional $99.73 B
9.2.5.2 Basic Installation with Performance Testino
~.2.5.2.1 IFirst $279.37 B
9.2.5.2.2 lEach Additional $212.57 B
9.2.5.3 Coordinated Installation with Coooerative Testino I Pra'ect Coordinated Installation
9.2.5.3.1 i First $316.94 B
9.2.5.3,2 I Each Additional $222.40 B
9.2.5.4 Coordinated Installation without Cooperative TestinQ I Praiect Coordinated Installation
9.2.5.4.1 IFirst $135.78 B
9.2.5.4.2 i Each Additional $106.79 B
9.2.5.5 Basic Installation with Cooperative Testino
9.2.5.5.1 I First $272.24 B
9.2.5.5.2 lEach Additional $195.68 B
9.2.6 DS3 Loop Installation Charaes See 9.2.3.4
9.2.6.1 Basic Installation
9.2.6.1.1 I First $128,71 B
9.2.6.1.2 lEach Additional $99.73 B
9.2.6.2 Basic Installation with Performance TestinQ
9.2.6.2.1 i First $279.37 B
9.2.6.2.2 lEach Additional $212.57 B
9.2.6.3 Coordinated Installation with Cooperative Testino I Pro'ect Coordinated Installation
9.2.6.3.1 I First $316.94 B
9.2.6.3.2 I Each Additional $222.40 B
9.2.6.4 Coordinated Installation without Cooperative TestinQ I Project Coordinated Installation
9.2.6.4.1 First $135.78 B
9.2.6.4.2 i Each Additional $106.79 B
9.2.6.5 Basic Installation with Cooperative TestinQ
9.2.6.5.1 I First $272.24 B
9.2.6.5.2 i Each Additional $195.68 B
9.2.7 Intentionallv Left Blank
9.2.8 Private Line I Special Access to Unbundled Loop Conversion (as is)$34.50 B
9.3 Sublooo -
9.3.1 2-Wire AnaloQ and Nonloaded Distribution Loop
9.3.1.1 First $107.92 1
9.3.1.2 Each Additional $29.62 .1
9.3.1.3 First & Each Additional 2-Wire Distribution Loop
9.3.1.3.1 Zone 1 $11.00 tI
9.3.1.3.2 IZone 2 $16.70 tI
9.3.1.3.3 IZone 3 $27.57 1
9.3.2 Intentionallv Left Blank
9.3.3 Intra-Buildin Cable Looo, per Pair $0.70 1
9.3.3.1 No Dispatch. First $51.97 1
9.3.3.2 No Dispatch. Each Additional $21.32 1
9.3.3.3 Dispatch, First $98.14 1
9.3.3.4 Dispatch, Each Additional $31.62 1
9.3.4 Intenlionallv Left Blank
9.3.5 MTE Terminal Subloop Access
9.3.5.1 ISubloop MTE - POI Site Inventorv, per Reouest $110.46 1
9.3.5.2 IMTE - POI Rearranaement of Facilities ICB 3
9.3.5.3 IMTE - POI Construction of New spa I ICB 3
9.3.6 Intentionallv Left Blank
9.3.7 Field Connection Point (FCPl
9.3.7.1 Feasibilitv Fee I Quote Preparation Fee $1.197.07 1
9.3.7.2 FCP Set-Up. per Reauest $3.291.11 12
9.3.7.3 FCP Splicina, per 25 Pairs $13.88 12
9.3.7.4 FCP Reclassifiætion $463.26 1
9.4 Shared Services
9.4.1 intentionallv Left Blank
9.4.2 intentionallv Left Blank
9.4.3 Loon Splittina
9.4.3.1 IBasic Installation Charae for Loop Splittino $33.79 1
9.4.4 ass, per Line, per Month $3.23 1
i 9.5lNetwork Interface Device lNIDI $0.51 $52.76 A,10 B
9.6 Unbundled Dedicated Interoffce Transport lUDln
9.6.1 DSOUDIT(Recurrino Fixed & per Mile $241.74 B
9.6.1.1 Over 0 to 8 Miles $24.67 $0.29 B B
9.6.1.2 Over 8 to 25 Miles $24.69 $0.23 B B
9.6.1.3 Over 25 to 50 Miles $24.86 $0.15 B B
9.6.1.4 Over 50 Miles $24.69 $0.05 B B
9.6.2 DS1 UDIT(Recurrino Fixed & per Mile $284.52 B
9.6.2.1 Over 0 to 8 Miles $36.43 $3.20 B B
9.6.2.2 Over 8 to 25 Miles $37.26 $3.19 B B
Effective 4-1-08 Page 2 of6
BullsEye Telecom, Inc.Exhibit A
Idaho
9,6.2.3 Over 25 to 50 Miles $39.12 $1.81 B B
9.6.2.4 Over 50 Miles $37.77 $0.78 B B
9.6.3 DS3UDIT Recurrino Fixed & per Mile)$284.52 B
9.6.3.1 Over 0 to 8 Miles $238.61 $54.07 B B
9.6.3.2 Over 8 to 25 Miles $242.03 $16.78 B B
9.6.3.3 Over 25 to 50 Miles $223.90 $21.34 B B
9.6.3.4 Over 50 Miles $235.64 $14.83 B B
9.6.4 Intentionall Left Blank
9.6.5 Intentionallv Left Blank
9.6.6 Intentionallv Left Blank
9.6.7 UDIT DSO Channel Performance
9.6.7.1 DSO UDIT Low Side Channelization $13.10 B
9.6.8 Intentionallv Left Blank
9.6.9 Intentionally Left Blank
9.6.10 Intentionaiiy Left Blank
9.6.11 UDIT Rearranaement
9.6.11.1 DSO, Sinale Ofce $164.40 B
9.6.11.2 DSO, Dual Offce $206.79 B
9.6.11.3 Hiah Capacity, Sinale Offce $221.94 B
9.6.11.4 Hiah Capacitv, Dual Ofce $249.30 B
9.6.12 Private Une I Special Access to UDIT Conversion asis $131.19 12
9.7 Unbundled Dark Fiber IUDFI
9.7.1 Initial Records Inouirv IIRI\
9.7.1.1 Simole $196.02 B
9.7.1.2 ¡Complex $251.07 B
9.7.2 Field Verification and Quote Preoaration (FVQP $907.28 B
9.7.3 Enaineerina Verification $297.03 B
9.7.4 UDF - Sinale Strand
9.7.4.1 UDF - Interoffce Facilitv (UDF-IOF) - Sinale Strand
9.7.4.1.Order Charae. per First Strand I Route I Order $492.60 B
9.7.4.1.2 Order Charae, Each Additional Strand I Route I Order $255.66 B
9.7.4.1.3 Fiber Transoort. oer Strand I Mile $50.87 9
9.7.4.1.4 Termination, Fixed, oer Strand I Offce I Termination $4.80 B
9.7.4.15 Fiber Cross-Connect (Minimum of 2 Crass-Connects apply), per $2.39 $19.38 B B
9.7.5 UDF - per Pair"
9.7.5.1 UDF - Interoffce Facilitv (UDF.IOF) - per Pair
9.7.5.1.1 Order Charae, oer First Pair I Route I Order $492.60 B
9.7.5.1.2 Order Charae, Each Additional Pair I Route I Order $255.66 B
9.7.5.1.3 Fiber Transoort, oer Pair I Mile $66.15 B
9.7.5.1.4 Termination, Fixed. per Pair I Offce I Termination $7.31 B
9.7.5.1.5 Fiber Cross-Connect (Minimum of 2 Cross-Connects applv). per Pair $4.43 $19.38 B B
9.7.6 Dark Fiber Splice $602.60 B
9.7.7 UDF MTE Subloop ICB ICB 3 3
I 9.Sllntentionallv Left Blank
I 9.91lntentionallv Left Blank
I 9.101lntentionallv Left Blank
I 9.111lntentionallv Left Blank
I 9.121lntenlionallv Left Blank
I 9.131lntentionallv Left Blank
I 9.141lntentionallv Left Blank
I 9.1SlIntenlionallv Left Blank
I 9.161lntentionallv Left Blank
I 9.17llntentionallv Left Blank
I 9.1SlIntentionallv Left Blank
9.19 Construction Charaes
9.19.1 CLEC Reauested UNE Construction ICRUNEC - applies to Unbundled Dark Fiber, Unbundled
9.19.1.1 I Records Quote Preparation Fee $347.46 12
9.19.1,2 IConstruction Quote Preparation Fee $863.43 12
9.19.2 Constrction of Network Capacity, Facilities or Space for Accss to or use of UNEs ICB ICB 3 3
9.20 Miscellaneous Charaes
9.0.1 Additional Enaineerino. oer Half Hour or fracton thereof
9.20.1,1 IAdditional Enaineerina - Basic $31.74 B
9.20.1.2 IAdditional Enaineerina - Overtime $39.61 B
9.20.2 Additional Labor Installation, oer Half Hour or fraction thereof
9.20.2.1 IAdditional Labor Installation - Overtime $9.02 B
Effective 4-1-08 Page 3 of6
BullsEye Telecom, Inc.Exhibit A
Idaho
9.20.3 Additional Labor Other, per Half Hour or fraction thereof
9.20.3.1 IAdditional Labor Other - Ootional Testino) Basic $27.70 B
9.20.3.2 Additional Labor Other - Ootional Testino) Overtime $36.98 B
9.20.3.3 Additional Labor Other - Ootional TestinQ) Premium $46.29 B
9.20.4 Intentionallv Left Blank
9.20.5 Intentionallv Left Blank .
9.20.6 Additional Cooperative Acceptance Testino, Der Half Hour or fraction thereof
9.20.6.1 Additional Coooerative Acceotance TestinQ - Basic $29.40 B
9.20.6.2 Additional Coooerative Acceptance TestinQ - Overtime $39.28 B
9.20.6.3 Additional Cooperative Acceptance TestinQ - Premium $49.16 B
9.20.7 Nonscheduled Cooperative Testina, Der Half Hour or fraction thereof
9.20.7.1 I Nonscheduled Coooerative T estina - Basic $29.40 B
9.20.7.2 I Nonscheduled Coooerative T estina - Overtime $39.28 B
9.20.7.3 Nonscheduled Coooerative TestinQ _ Premium $49.09 B
9.20.8 Nonscheduled Manual Testina, per Half Hour or fraction thereof
9.20.8.1 Nonscheduled Manual Testina - Basic $29.40 B
9.20.8.2 Nonscheduled Manual Testina - Overtime $39.28 B
9.20.8.3 Nonscheduled Manual Testina - Premium $49.16 B
9.20.9 Intentionall Left Blank
9.20.10 Intentionallv Left Blank
9.20.11 Additional Disoatch, oer Order $87.98 B
9.20.12 Intentionallv Left Blank
9.20.13 DesiQn Chanae. per Order $73.99 B
9.20.14 Exoedite Charae, per Dav Advanced see rates in Qwest s Tariff FCC No, 1 Section 5 $200.00 11
9.20.15 Cancellation Charae ICB 3
9.20.16 Maintenance of Service, oer Half Hour or fraction thereof
9.20.16.1 Maintenance of Service - Basic $28.86 B
9.20.16.2 IMaintenance of Service" Overtime $36.98 B
9.20.16.3 IMaintenance of Service - Premium $46.29 B
9.20.17 Intentionallv Left Blank
I 9.21lChannel Reaeneration
I 19.21.1 IDS1 $0.00 $0.00 6 6
I 19.21.2 IDS3 $0.00 $0.00 6 6
I 9.22lintentionallv Left Blank
9.23 UNE Combinations
9.23.1 Intentionallv Left Blank
9.23.2 Enhanced Extended Loop (EEL)
9.23.2.1 EEL Loop, DSO 2-Wire Analoa
9.23.2.1.1 EEL 2-Wire Looo Installation
9.23.2.1..1 First $245.11 1
9.23.2.1.1.2 I Each Additional $182.97 1
9.23.2.1.2 2-Wire Analoa Loop (see rates in 9.2.1.1)
9.23.2.1.2.1 IZone 1 $15.65 15
9.23.2.1.2.2 Zone 2 $23.76 15
9.23.2.1.2.3 Zone 3 $40.50 15
9.23.2.2 EEL Looo, DSO 4-Wire Analoo
9.23.2.2.1 EEL 4-Wire Looo Installation
9.23.2.2.1.1 IFirst $245.11 1
9.23.2.2.1.2 lEach Additional $182.97 1
9.23.2.2.2 4-Wire Analoa Looo 'see rates in 9.2.1.3)
9.23.2.2.2.1 Zone 1 $30.70 15
9.23.2.2.2.2 IZone 2 $46.63 15
9.23.2.2.2.3 IZone 3 $79.47 15
9.23.2.3 EEL Loop. DS 1
9.23.2.3.1 EEL DS1 Looo Installation
9.23.2.3.1.1 First $300.49 1
9.23.2.3.1.2 Each Additional $225.39 1
9.23.2.3.2 DS1 Capable Loop (see rates in 9.2.3.3)
9.23.2.3.2.1 IZone 1 $86.8 15
9.23.2.3.2.2 IZone 2 $86.46 15
9.23.2.3.2.3 Zone 3 $99.96 15
9.23.2.4 EEL Looo, DS3
9.23.2.4.1 EEL DS3 Looo Installation
9.23.2.4.1.1 I First $323.61 1
9.23.2.4.1.2 I Each Additional $248.51 1
9.23.2.4.2 DS3 Capable Looo (see rates in 9.2.3.4
9.23.2.4.2.1 Zone 1 $941.95 15
9.23.2.4.2.2 Zone 2 $955.04 15
9.23.2.4.2.3 IZone 3 $1,264.56 15
9.23.2.5 Private Line I Special Access to EEL Conversion (as is)$34.50 B
9.23.2.6 EEL Rearranaement
9.23.2.6.1 IDSO $130.83 12
9.23.2.6.2 i Hioh Caoacilv $148.50 12
9.23.2.7 EEL Transoort
9.23.2.7.1 IDSO (Recurrina Fixed & per Mile) (see rates in 9.6.1)
Effective 4-1-08 Page 4 of6
,.
BullsEye Telecom, Inc.Exhibit A
Idaho
9.23.2.7.1,1 Over 0 to 8 Miles $24.67 $0.29 15 15
9.23.2.7.1.2 Over 8 to 25 Miles $24.69 $0.23 15 15
9,23,2.7.1.3 Over 25 to 50 Miles $24.86 $0.15 15 15
9.23.2,7.1.4 Over 50 Miles $24.69 $0.05 15 15
9.23.2.7.2 DS1 (Recurrno Fixed & oer Mile) (see rates in 9.6.2
9,23.2.7.2.1 Over 0 to 8 Miles $36.43 $3.20 15 15
9.23.2.7.2.2 Over 8 to 25 Miles $37.26 $3.19 15 15
9.23.2.7.2.3 Over 25 to 50 Miles $39.12 $1.81 15 15
9.23.2.7.2.4 Over 50 Miles $37.77 $0.78 15 15
9.23.2.7.3 DS3 Recurrno Fixed & oer Mile) (see rates in 9,6.3
9.23.2,7.3.1 Over 0 to 8 Miles $238.61 $54.07 15 15
9.23.2.7.3.2 Over 8 to 25 Miles $242.03 $16.78 15 15
9.23.2.7.3.3 Over 25 to 50 Miles .$223.90 $21.34 15 15
9.23.2.7.3.4 Over 50 Miles $235.64 $14.83 15 15
9.23.2,8 EEL Multiolexina
9.23.2.8.1 DS1 toDSO $263.86 $246.92 B 1
9.23.2.8.2 DS3to DS1 $304.22 $246.92 B 1
9.23.2.9 EEL DSO Channel Performance
9.23.2.9.1 I DSO Low Side Channelization $13.10 B
9.23.2.9.2 IDS 1 / DSO Low Side Channelization $7.47 B
I 9.241lntentionallv Left Blank
9.25 LOOD Mux Combination LMC
9.25.1 Looo Mux, 2-Wire Analoa
9.25,1.1 LMC 2-Wire Installation
9.25.1.1.1 First $225.67 1
9.25.1.1.2 Each Additional $148.96 1
9.25.1.2 2-Wire Analoa Looo (see rates inm 9.2.1.1)
9.25.1.2.1 IZone 1 $15.65 15
9.25.1.2.2 IZone 2 $23.76 15
9.25.1.2.3 IZone 3 $40.50 15
9.25.2 Looo Mux, 4-Wire Analoa
9.25.2..1 LMC 4-Wire Installation
9.25.21.1 First $225.67 1
9.25.2.1.2 Each Additional -$148.96 1
9.25.2.2 4-Wire Analoa Looo (see rates fin 9.2.1.3)
9.25;2.2.1 IZone 1 $30.70 15
9.25.2.2.2 IZone 2 $46.63 15
9.25.2.2.3 IZone 3 $79.47 15
9.25.3 Loop Mux, DS1
9.25.3.1 LMC DS 1 Looo Installation
9.25.3.1.1 I First $285.08 1
9.25.3.1.2 I Each Additional $209.98 1
9.25.3.2 DS1 Caoable Looo (see rates in 9.2.3.3)
9.25.3.2.1 Zone 1 $86.48 15
9.25.3.2.2 Zone 2 $86.46 15
9.25.3.2.3 Zone 3 $99.96 15
9.25.4 Private Line / Soecial Access to LMC Conversion (as is)$34.50 B
9.25.5 DSO Channel Performance
9.25.5.1 I DSO Low Side Channelization $13.10 B
9.25.5.2 IDS1 / DSO Low Side Channelization $7.47 B
9.25.6 LMC Rearranaement
9.25.6.1 DSO $130.83 12
9.25.6.2 I Hiah Caoacitv $148.50 12
I I I I I I
NOTES:.Unless otherwise indicated, all rates are oursuant to Idaho Public Utilites Commission Dockets:
A AT&T Arbitration Docket USW-T-96-15. Order No 27738, effective Seotember 17, 1998
B Cost Docket QWE-T-01-11 Order No. 29408 Januarv 5, 2004) rates effective January 5, 2004.
#Voluntarv Rate Reduction Docket USW-T-00-3. effective 6/10102. Reductions reflected in the 5/24/02 Exhibit A.
##Second Voluntarv Rate Reduction, Docket USW-T-00-3, effective 6/7102. Reductions reflected in the 7/10102 Exhibit A.
###Third Voluntarv Rate Reduction Docket USW-T-00-3. effective 12/16/02. Reductions reflected in the 10/16/02 Exhibit A.
1 TELRIC rates proposed in Cost Docket QWE-1-01-11 testimony filed on November 12, 2003. The case was bifurcated and the rates using this footnote are
orooosed in Phase 2 of the cost docket.
2 Market-based rates.
3 ICB. Individual Case Basis oricina.
4 The State of Idaho has retained the oversiaht on these rates. These rates are not under the 'urisdiction of the FCC.
5 FCC ordered rates pursuant to the FCC's Order on Remand and Report and Order (Intercarrier Compensation for ISP-Bound Traffc) CC Docket 01-131 (FCC ISP
Order). effective June 14 2001.
6 Effective August 1. 2003. Qwest wil no longer bill the recurring and nonrecurring charges for Channel Regeneration. Qwest reserves the right to revert back to the
contracutal rate onlv after aoorooriate notice is aiven.
7 The preliminary Quote Preparation Fees (QPF) are included in the space construction charges. Upon completion of the collocation constrtion, the QPF wil be
credited to ¡he final space construction charge for the virtual, caged or cageless collocation job. These engineering and planning charges are also incl!Jded in the
Virtual Caned and Caneless Quote Prenaration Fees.
8 Eff. 11/04,Qwest (Q) will no longer perform Bridge Tap and/or Load Coil Removal to facilitate provisioning of its Retail DSL offering.To permit CLECs to provision
xDSL Capable Loops,Q is now re-instituting the charge to continue Conditioning for the 2/4-Wire UBL,ADSL Compatible UBL,ISDN (BRI) Capable UBL. xDSL-1
Capable UBL, Non-Commercial Line Sharing. Line Splitting.Non-Commercial SDL & Loop Splitting, eff. 3/14/05.Q can t bill the RC rate structure.but wil bill the lower
ofthe two rates.
Effective 4-1-08 Page 5 of6
~
BullsEye Telecom, Inc.Exhibit A
Idaho
12
13 Owest has chosen to offer this service as part of its
14
15
Effective 4-1-08 Page 6 of6