20050202Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
RECEIVED ill
Flt
2U3aFEB- I PH'
,: ,
tDi\,lHJ ,L Ie
UTIL11.1ES COt"\fiISSiON
Paul Riss
New Rochelle Telephone Corp.
75 South Broadway - Suite 302
White Plains, NY 10601
Telephone: [phone]
JOINT APPLICATION OF QWEST
CORPORATION AND NEW ROCHELLE
TELEPHONE CORP. fka PECONIC TELCO,
INC. FOR APPROVAL OF THE ADOPTION
OF THE COVIST A AGREEMENT
(APPROVED BY THE COMMISSION ON
JULY 8, 2004 (ORDER NO. 29544), IN
DOCKET NO. QWE-04-14) FOR THE
STATE OF IDAHO PURSUANT TO 47 U.
~252(e)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.WE -()5
APPLICATION FOR APPROV AL OF
AMENDMENTS TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and New Rochelle Telephone Corp. fka Peconic Telco
Inc. ("New Rochelle ) hereby jointly file this Application for Approval of Amendments to the
Interconnection Agreement, which was filed with the Idaho Public Utilities Commission on
February 1 , 2005 , and is currently pending approval (the "Agreement"). These amendments
provide for (1) Elimination ofUNE-P Implementation of Batch Hot Cut Process and Discounts
and (2) Triennial Review Order and UST A II Decision, respectively (the "Amendments
).
copy of the Amendments are submitted herewith.
These Amendments were reached through voluntary negotiations without resort to
mediation or arbitration and are submitted for approval pursuant to Section 252(e) of the
Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-180877.10029164-00016
Section 252( e )(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
New Rochelle and Qwest respectfully submit these Amendments provide no basis for
either of these findings, and, therefore jointly request that the Commission approve these
Amendments expeditiously. These Amendments are 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 these
Amendments will enable New Rochelle to interconnect with Qwest facilities and to provide
customers with increased choices among local telecommunications services.
New Rochelle and Qwest further request that the Commission approve these
Amendments without a hearing. Because these Amendments were reached through voluntary
negotiations, they do not raise issues requiring a hearing and do not concern other parties not a
party to the negotiations. Expeditious approval would further the public interest.
Respectfully submitted this 1 st day of February, 2005.
Qwest Corporation
~~#r;k
Mary S. Ho son
Stoel Rives LLP, Attorneys for Qwest
and
Paul Riss
New Rochelle Telephone Corp.
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-180877.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 1st day of February, 2005 , I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
ij ewe1l~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Paul Riss
New Rochelle Telephone Corp.
75 South Broadway - Suite 302
White Plains, NY 10601
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-180877.10029164-00016
AMENDMENT TO INTERCONNECTION AGREEMENT FOR ELIMINATION OF UNE-P AND
IMPLEMENTATION OF BATCH HOT CUT PROCESS AND DISCOUNTS
between
Qwest Corporation and New Rochelle Telephone Corp fka Peconic Telco, Inc.
for the State of Idaho
This Agreement is entered into by and between Qwest Corporation ("Qwest"
) ,
a Colorado
corporation, and New Rochelle Telephone Corp fka Peconic Telco, Inc. ("CLEC"), a New York
corporation effective as of the Effective Date , defined below.
RECITALS
WHEREAS, the Parties are entering into an Interconnection Agreement for services in the state
of Idaho, which is being filed with the Idaho Public Utilities Commission ("Commission ); and
WHEREAS, the Parties may during the Term of this Amendment enter into new Interconnection
Agreement(s) and/or amend existing Interconnection Agreement(s);
WHEREAS CLEC previously purchased on an unbundled basis from Qwest certain
combinations of network elements , ancillary functions, and additional features, including without
limitation the local Loop, port, switching, and shared transport combination commonly known as
Unbundled Network Element Platform ("UNE-
WHEREAS such UNE-P arrangements were previously obtained by CLEC under the terms and
conditions of certain Interconnection Agreements including without limitation in certain states
Qwest's Statement of Generally Available Terms;
WHEREAS both GLEC and Qwest acknowledge certain regulatory uncertainty in light of the DC
Circuit Court's decision in United States Telecom Association v. FCC, 359 F.3d 554 (March 2
2004), with respect to the future existence, scope, and nature of Qwest's obligation to provide
such UNE-P arrangements under the Communications Act (the "Act"
WHEREAS to address such uncertainty and to create a stable arrangement for the continued
availability to CLEC from Qwest of services technically and functionally equivalent to the June
2004 UNE-P arrangements the parties have contemporaneously entered into a Master
Service Agreement for the provision of Qwest Platform Plus TM service (the "QPPTM MSA"); and
WHEREAS, the Parties have agreed to the following terms and conditions which during the
Term of this Amendment are intended to supplement in part and supercede in part the terms
and conditions of their existing Interconnection Agreement and any new Interconnection
Agreements they may enter into.
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:
January 26, 2005/pjd/New Rochelle/ID
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
Section 1.0 - Definitions
Batch Hot Cut" refers to a hot cut performed pursuant to the Batch Hot Cut Process described
in Attachment A.
Individual Hot Cut" refers to a hot cut that is not performed pursuant to a batch process.
Section 2.0 - General Terms and Conditions
Effective Date. This Amendment shall become effective upon the latest execution date
by the Parties ("Effective Date
Term . The term of this Amendment shall begin on the Effective Date and shall remain in
effect through July 31 , 2008. At any time within 6 months prior to expiration of the Amendment
either Party may provide notice of renegotiation. Upon mutual agreement, the term of the
Amendment may be extended upon the same terms and conditions for no more than one (1) six
month extension period. If the QPP MSA is terminated (for reasons other than material breach
by CLEC with respect to a particular state , this Amendment shall , by its own terms and
notwithstanding any requirement that subsequent modifications or amendments be in writing
signed by both Parties, automatically be terminated in that state, and CLEC shall be free
thereafter to pursue any available means to purchase UNE-P or equivalent services from
Qwest.
Scope of Amendment.The provisions of this Amendment are intended to amend and
supercede those provisions of CLEC'existing and all future Interconnection or other
Agreements only as they relate to the offering of Unbundled mass market Switching or
Unbundled enterprise Switching and Unbundled Shared Transport in combination with other
network elements as part of the Unbundled Network Element Platform , and Batch Hot Cuts, as
defined below (collectively, the "Services ). The Services and related terms and conditions
described in this Agreement are applicable only in Qwest's incumbent LEC service territory in
the states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana , Nebraska, New Mexico
North Dakota , Oregon, South Dakota, Utah , Washington and Wyoming.
2.4 Existinq Rules The provisions in this Amendment are intended to be in compliance with
and based on the existing state of the law, rules , regulations and interpretations thereof
including but not limited to Federal rules, regulations, and laws, as of June 17, 2004 (the
Existing Rules ). Nothing in this Agreement shall be deemed an admission by Qwest or CLEC
concerning the interpretation or effect of the Existing Rules or an admission by Qwest or CLEC
that the Existing Rules should not be changed, vacated , dismissed , stayed or modified. Nothing
in this Amendment shall preclude or estop Qwest or CLEC from taking any position in any forum
concerning the proper interpretation or effect of the Existing Rules or concerning whether the
Existing Rules should be changed , vacated, dismissed, stayed or modified.
Chanqe of Law If a change in law, rule, or regulation materially impairs a party s ability
to perform or obtain a benefit under this Amendment, both parties agree to negotiate in good
faith such changes as may be necessary to address such material impairment.
Requlatorv Approval.In the event the FCC, state commission or any other
governmental authority or agency rejects or modifies any material provision in this Amendment
either party may immediately upon written notice to the other Party terminate this Amendment
and the QPP MSA.
January 26, 2005/pjd/New Rochelle/IO
Amendment to COS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
Entire Aqreement.This Amendment (including all Attachments) constitutes the full and
entire understanding and agreement between the Parties with regard to the subjects of this
Amendment and supersedes any prior understandings, agreements, or representations by or
between the Parties , written or oral , including but not limited to, any term sheet or memorandum
of understanding entered into by the Parties, to the extent they relate in any way to the subjects
of this Amendment.
Section 0 - Batch Hot Cut Terms and Conditions
Individual Hot Cuts. All hot cuts, except for those hot cuts performed pursuant to a batch
process, will be provided by Qwest to CLEC at the rates, terms and conditions set forth in
CLEC's Interconnection Agreement.
Batch Hot Cut Process Upon deployment of the Batch Hot Cut Status Tool and
amendment of Appointment Scheduler to accommodate Batch Hot Cut orders, Qwest shall
provide Batch Hot Cuts to CLEC upon the rates, terms and conditions set forth in this
Agreement. The Parties agree to follow the Batch Hot Cut Process described in Attachment A.
CLEC agrees to use commercially reasonable efforts to use the Batch Hot Cut Process under
this Agreement even in states in which the Individual Hot Cut rate is lower than the Batch Hot
Cut Rate.
Batch Hot Cut Rates: The base Batch Hot Cut price is $27.50 per line unless the
incer'ltive thresholds below are met. If the number of CLEC'QPPTM lines as of October 31
2005 equals or exceeds 900/0 of the sum of CLEC's QPPTM and UNE-P lines as of October, 31
2004 , the Batch Hot Cut rate for CLEC will be reduced to $23 per line for Batch Hot Cuts
performed during the time period from January 1 , 2006 through December 31 , 2006. If the,
number of CLEC'QPPTM lines as of October 31 , 2006 equals or exceeds 900/0 of the sum of
CLEC's QPPTM and UNE-P lines as of October, 31 , 2005 , the Batch Hot Cut rate for CLEC will
be reduced to $18.50 per line for Batch Hot Cuts performed during the time period from January
, 2007 through end of the term of this Amendment. For purposes of this section , the number of
QPPTM lines and the sum of QPPTM and UNE-P lines shall be calculated on a regionwide basis
that includes all states in which this Amendment is in effect.
3.4 Batch Hot Cut Rate Adjustment:If after the Effective Date, for a state in which the
Individual Hot Cut rate is higher than the Batch Hot Cut Rates under this Amendment (inclusive
of the discounts set forth in Section 3.3) as of the Effective Date , the rate for Individual Hot Cuts
in such state is subsequently lowered below the Batch Hot Cut Rates contained in this
Amendment (inclusive of the discounts set forth in Section 3.3), then the Batch Hot Cut rates
under this Amendment (including the discounted rates set forth in Section 3.3) that are higher
than the newly-lowered state rate for Individual Hot Cuts will be automatically adjusted
downward prospectively (with such new rates being implemented for CLEC region-wide for all
fourteen states) by an amount equal to the difference in the newly-lowered state Individual Hot
Cut rate and each higher Batch Hot Cut Rate under this Amendment multiplied by the
percentage of Qwest local service lines in that state compared to the total number of Qwest in-
region local service lines.
Example 1: The individual hot cut rate in Arizona is lowered from the current TELRIC
rate to $30.00 per line. Because $30.00 is higher than the Batch Hot Cut Rates under
this Amendment, there would be no adjustment.
January 26, 2005/pjd/New RocheliellD
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
Example 2: The individual hot cut rate in Montana is lowered on January 1 , 2006 from
the current TELRIC rate to $20.00 per line. The $27.50 and $23.00 Batch Hot Cut Rates
(but not the $18.50 rate) shall be reduced effective January 1 , 2006 as follows.
New lowered Batch Hot Cut Rate = $27.50 - (($27.50 - $20.00) x (Number of
Qwest local service lines in Montana / Total number of Qwest local service lines
in Qwest's fourteen state territory))
New lowered Batch Hot Cut Rate = $23.00 - (($23.00 - $20.00) x (Number of
Qwest local service lines in Montana / Total number of Qwest local service lines
in Qwest's fourteen state territory))
Batch Hot Cut Tools Qwest is in the process of developing a Batch Hot Cut Scheduling
Tool and a Batch Hot Cut Status Tool. CLEC understands that these Tools will not be available
untillMA 16.0 is released and CLEC will not be able to submit requests for Batch Hot Cuts until
IMA 16.0 is released. Qwest shall use best reasonable commercial efforts to release IMA 16.
by December 31 , 2004. The Batch Hot Cut Scheduling Tool will be enhanced in a future IMA
release if and to the extent the enhancement is supported by the CLEC community. If
approved , the enhancement will include the ability to reserve due dates for IDLC in cumulative
batches of no more than 40 IDLC Loops per state per day. Qwest and CLEC agree to support
as a high priority the enhancement for IDLC inclusion in the Batch Hot Cut Scheduling Tool and
will work this through the systems prioritizations procedures in the Qwest Wholesale Change
Management Process. Qwest and CLEC will rank this enhancement change request within the
top twenty-five percent (250/0) of all change requests to be prioritized through the Qwest
Wholesale Change Management Process when this change request is prioritized. The Parties
agree to the following service assurance approach for these Tools:
Batch Hot Cut Schedulinq Tool Availability. To the extent that there is a systems
failure that exceeds forty-eight (48) hours and creates an inability to request a Batch Hot
Cut, Qwest will work in good faith with CLEC to develop a negotiated settlement with
respect to the cost difference between the Qwest QPPTM monthly recurring charge
(MRC) and the Unbundled Loop MRC times the number of days that CLEC was unable
to order a Batch Hot Cut. Settlement discussions would be initiated upon the written
request of CLEC.
Batch Hot Cut Status Tool System Refresh Timeliness . After the deployment of
the Batch Hot Cut Status Tool, Qwest and CLEC will work cooperatively to review the
system logic and processes in an effort to determine an appropriate measurement
approach. The parties agree to take the least-cost approach to capture this performance
experience.
6 The Batch Hot Cut pricing provisions in this Amendment are subject to the following
conditions:
A. Integrated Digital Loop Carrier ("IDLC") is not a part of the standard Batch Hot Cut
process. However, the pricing for Batch Hot Cuts will apply to IDLC Loops. IDLC Loops will be
batched together in quantities of no more than 40 IDLC Loops per state, per day.
B. Line Splitting to Loop Splitting conversions can be included the Batch Hot Cut
process at the same pricing for Batch Hot Cuts stated above. For purposes of this Section , a
Line Splitting to Loop Splitting conversion means a conversion from Qwest as the switch
January 26, 2005/pjd/New Rochelle/lD
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
provider to a GLEG switch provider wt)ere the data or DLEG provider and the Loop remain the
same.
G. Batch Hot Gut limits are in effect as established in the Batch Hot Gut Process
described in Attachment A.
Section 4.0 - Removal of UNE-, Enterprise and Mass Market Switching and Shared
Transport from Interconnection Agreement(s)
Aqreement Not to Order.During the term of this Agreement Qwest shall not offer or
provide to GLEG, and GLEG shall not order or purchase from Qwest, unbundled mass market
switching, unbundled enterprise switching or unbundled shared transport, in combination with
other network elements as part of the Unbundled Network Element Platform ("UNE-), out of
its existing Interconnection Agreement(s) with Qwest , a Qwest SGAT or any other
Interconnection Agreement governed by 47 U.G. ~~251 and 252 that GLEG or one of its
affiliates may in the future enter into with Qwest and GLEG waives any right under applicable
law in connection therewith. Notwithstanding the foregoing, nothing in this Section shall prevent
Qwest from offering or providing QPPTM services to GLEG, or GLEG from ordering or
purchasing QPPTM services from Qwest. The agreement not to order UNE-P services embodied
in this Section shall remain in effect for the Term of this Amendment, and for the avoidance of
doubt, shall no longer be binding on GLEG or otherwise enforceable in a particular state if the
QPP MSA is terminated as to that state (other than for reason of material breach by GLEG).
Section 5.Other Terms and Conditions of Interconnection Agreements
Other Interconnection Terms. This Amendment is not intended to alter, adjust or extend
existing interconnection arrangements between Qwest and GLEG except as expressly set forth
herein and all such other interconnection arrangements and related terms and conditions shall
remain in full force and effect.
GLEG may use Qwest's Directory Assistance Services or operator services and may
arrange to provide access to its own, or to a third party , directory assistance or operator
services platform. Qwest Branded Operator Services and Directory Assistance may be
purchased by GLEG pursuant to the terms of the applicable IGA, SGAT, or tariff. GLEG
Branded Operator Services and Directory Assistance will also be available from Qwest using
Originating Line Number Screening ("OLNS"
).
Qwest will provide GLEG nondiscriminatory
access to Qwest's Directory Assistance Listings.
Line splitting will be available for Loops provided pursuant to the IGA, such that GLEG
may provide DSL service using the high-frequency portion of such a Loop and a GLEG-provided
splitter, or GLEG may contract with a third-party GLEG to provide such DSL service to an GLEG
End User Gustomer over the high frequency portion of the Loop. The Loop pre-qualification
ordering, provisioning, repair, maintenance and other support functions and services to support
GLEGs use of line splitting in connection with Loops shall be provided as set forth in the IGA.
January 26, 2005/pjd/New Rochelle/ID
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
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.
New Rochelle Telephone Corp
fka Peconic Telco, Inc.Qwest Corporation
ed~
Signature
-rU
Signature
Paul Riss
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
Date
JPlhs-
Director -Interconnection Aqreements
Title
/ 2.g /~6
President and CEO
Title
Date
January 26, 2005/pjd/New Rochelle/lD
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
Attachment A: Batch Hot Cut Process
The Batch Hot Cut (BHC) installation option permits CLEC to migrate existing defined analog
services to a two or four (2/4) wire analog Unbundled Loop in those instances where existing
facilities currently serving the end-user customer can be reused without requiring a field
technician dispatch. Except as defined below, existing analog services provisioned over
Integrated Digital Loop Carrier (IDLC) or originating out of a Remote Switching Unit (RSU) and
terminating on an exchange (EX) cable are not eligible for the BHC because the dispatch of a
field technician would be required. In addition , the coordination provisioning options for
Unbundled Loops are not available when using the BHC process.
A. The BHC process is available to migrate to unbundled Loops from the following
services whether they be in Qwest retail Qwest resale, Qwest UNE-, or Qwest
Platform PIUS TM (QPPTM ) formats: Residential POTS, Business POTS, Centrex 21
Centrex Plus/Centron , Analog DID, and public access lines.
1. The BHC process is also available to convert a line split Loop as
defined in Section 9.21 of Qwest's SGAT using one of the
aforementioned types of UNE-P or QPPTM lines to a Loop splitting
arrangement. This option will be made available upon the development
of systems upgrade to accommodate such a request. Qwest will use
best reasonable commercial efforts to deploy this capability by
Decemper 31 2004 coincident with IMA release 16.
2. A modified BHC process can be used to transition Loops currently
provisioned over IDLC. In that circumstance, the IDLC batch must be
made up exclusively of lines currently provisioned over IDLG, and
identified and designated as such by CLEC using one of Qwest's Loop
qualification tools. In those circumstances, the IDLC batch will consist
of no more than 40 Loops per state per day. Qwest's scheduling tool
will be enhanced in a future IMA release if and to the extent the
enhancement is supported by the CLEC community. If approved, the
enhancement will include the ability to reserve due dates for IDLC in
cumulative batches of no more than 40 IDLC Loops per state per day.
Qwest and GLEC agree to support as a high priority the enhancement
for IDLC inclusion in the scheduling tool and will work this through the
systems prioritizations procedures in the Qwest Wholesale Change
Management Process. Qwest and CLEC will rank this enhancement
change request within the top twenty-five percent (250/0) of all change
requests to be prioritized through the Qwest Wholesale Change
Management Process when this change request is prioritized.
B. Except as set forth above for IDLC batches, the BHC must be for a minimum of
twenty-five (25) Unbundled Loops per CLEC per Central Office and a maximum of one
hundred (100) Unbundled Loops among all CLECs per Central Office, per day. There is
also a fourteen (14) state region-wide maximum for all CLECs of two thousand five
hundred (2 500) Loops per day for all of Qwest's Central Offices.
C. The BHC option is available during standard unbundled Loop business days,
which are defined in the Provisioning and Installation Procedural PCAT. The Due Date
for the BHC process is set by a standard seven (7) business day installation interval.
January 26 , 2005/pjd/New Rochelie/lD
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
Owest will complete provisioning of the Loops associated with a particular batch
between 3:00 a.m. and 11 :00 a.m. local time on the Due Date.
D. Before CLEC submits any orders for unbundled Loops using the BHC process
CLEC and Owest agree to schedule a meeting in order to create a CLEC specific
migration plan, if such plan is required. The migration plan shall include CO by CO
prioritization, volumes by CO, overall timeframe of migration to be agreed upon between
CLEC and Owest. The jointly developed CLEC migration plan will be assigned a priority
based upon its creation date, in the event multiple CLECs contend for batch hot cuts in
similar geographies and exceed volume thresholds as defined in Section 8 above. Upon
mutual agreement, the priority assigned to all or part of the jointly developed CLEC
migration plan may change. In this event, Owest will coordinate with all parties to create
an overall migration plan that considers everyone s priorities and expectations.
1. If CLEC and Owest are unable to reach a consensus on the migration
plan , any affected party shall have the right to appeal the migration plan to the
State Commission, and to seek expedited relief.2. Once the migration plan is completed , the migration date for CLEC'
requests included in the BHC is established by CLEC through the use of the
appointment scheduling tool. All requests submitted in the appointment
scheduling tool will be processed on a first ceme, first served basis until the
Central Office maximum volume of one hundred (100) Unbundled Loop
migrations per day is reached or the two thousand five hundred (2,500) region-
wide per day maximum BHC volume is reached. However, if CLEC is found to
have submitted orders that materially alter the agreed upon migration plan , and
such order submission precludes another CLEC from submitting orders set forth
in its migration plan, CLEC's requests can be limited within the scheduling tool in
order to allow space for other CLEC orders.a. Requests beyond the Central Office or the region-wide maximum
volume will be scheduled for the next available Due Date.b. If CLEC is unable to reach the minimum volume of twenty-five (25)
Unbundled Loop migrations required for a BHC per Central Office, CLEC
may reschedule its BHC request to a Due Date when the minimum
volume can be met (subject to the migration plans of other CLECs). If
CLEC is unable to meet the minimum volume requirement, CLEC may
select an alternate Due Date utilizing any of the other six (6) installation
options for each individual request.3. CLEC shall request BHC installation by designating a "8" on its LSR in
the CHC field.
The Provisioning interval for the BHC is seven (7) business days.a. CLEC agrees to have dial tone present on its CFA by 12:00 a.
(midnight) local time on the first business day following order submittal.b. Owest will complete pre-wire of the lines included in the batch
(other than IDLC batches) on either the second or third business day of
January 26. 2005/pjd/New RochellellD
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
the Provisioning interval unless Qwest finds no dial tone or if the dial tone
is defective (e., reversal or wired to the wrong CLEC office equipment)
on the pre-wire date. During this time frame if a jeopardy exists , Qwest
will notify CLEC of the jeopardy via the BHC Status Tool. During this time
frame if a jeopardy exists, CLEC will commit to correct the no dial tone
condition and have dial tone available to Qwest by 3:00 a.m. local time on
the order Due Date. If CFA changes are required, CLEC will submit a
supplement to the LSR by 12:00 p.m. (noon) local time on the fourth
business day of the standard interval. If CLEC dial tone is not available
or is defective on the Due Date, Qwest will place CLEC's order
jeopardy status and require CLEC to supplement the LSR to establish a
new Due Date using either a new batch or using a different installation
option.1. If the jeopardy causes the number of lines in the batch to
drop below twenty (20) lines, Qwest reserves the right to reject the entire
batch and to place all lines associated with the BHC order into jeopardy
status.2. All related lines to the order placed into jeopardy (e.
related lines in a business or in a hunt group) shall also be placed into
jeopardy status.c. On both the pre-wire date (as noted above) as well as the lift and
lay date (the Due Date), Qwest will test for CLEC dial tone and ANI the
line to ensure that CLEC's dial tone is working properly. On the Due
Date, if the correct telephone number is working on CLEC'facilities,
Qwest will monitor the line and perform the lift and lay. The lift and lay
removes CLEC's End User Customer line from the Qwest End Office
Switch and migrates the End User Customer line to CLEC's Switch.
Once CLEC has received notification via the BHC status tool, that a line
has been migrated CLEC will have two (2) hours to request that the
Unbundled Loop be restored back to its original state. The restoration
shall begin immediately upon request by CLEC. No response from CLEC
indicates acceptance of the order completion , and Qwest will proceed to
disconnect the original service. If CLEC requests removal from the batch
CLEC must issue a new or supplemental LSR to reinitiate the
provisioning process for the line(s) in question.d. Qwest will provision the lines in the batch in the order that makes
the most economic sense for Qwest. CLEC will not be able to dictate the
order in which the lines will be provisioned, except that multiple lines for a
single customer in a single location (including hunt groups) ordered on
the same LSR will be provisioned together.
E. The Batch Status Tool will provide CLEC with the current status of its BHC
requests for any given central office on an individualline-by-line basis. The Batch Status
Tool will return a display that will list status changes on BHC orders occurring for that
day. The display will provide the affected telephone numbers, order numbers, related
order numbers , CFA, and paN number associated with the BHC requested.
Subsequent changes to the status of any order will be noted in the Batch Status Tool.
January 26, 2005/pjd/New Rochelle/ID
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
The Batch Status Tool will provide, on the day of the cut, the start time and the
completion time on a line-by-line basis. If CLEC is interested in capturing the exact
moment the conversion work is completed, CLEC's current switch should have the
capability to capture ("trap ) the conversion and issue and request to have the
subscription submitted for number porting.1. Currently, Qwest's BHC Status Tool and amendments to Appointment
Scheduler to account for the BHC process are scheduled for deployment
October 18, 2004. Such tools will not be available before that date. The BHC
process will not be available as a provisioning option until these tools are
deployed.2. If there is a delay in deployment of these tools, CLEC will be notified
using the existing Change Management processes.3. Once deployed, CLEC must use the Batch Status Tool and Appointment
Scheduler to utilize the BHC process.4. The Batch Hot Cut process defined here will not be in effect until the
Batch Status Tool and Appointment Scheduler are developed, tested , and
deployed.5. The IDLC modified batch process will be excluded from the batch
scheduling tool until the time when systems modifications and enhancements, in
a future IMA release, are in place. However, IDLC conversions will be handled
on an exception basis using the manual methods until the time when these
modifications and enhancements are in place.
January 26 , 2005/pjd/New Rochelle/ID
Amendment to CDS-O50126-0035
UNE-P Elimination/Batch Hot Cut Amd
Triennial Review Order and UST A n Decision Amendment
to the Interconnection Agreement between
Qwest Corporation and
New Rochelle Telephone Corp fka Peconic Telco, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to incorporate the Triennial Review Order (TRO) and the USTA
II Decision into the Interconnection Agreement between Qwest Corporation ("Qwest"), formerly known
as US WEST Communications, Inc., a Colorado corporation, and New Rochelle Telephone Corp flea
Peconic Telco, Inc. ("CLEC"), a New York corporation.
RECITALS
WHEREAS, the Parties are entering into an Interconnection Agreement for services in the state of Idaho,
which is being filed with the Idaho Public Utilities Commission ("Commission ); and
WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and regulations
pertaining to, among other things, the availability of unbundled network elements ("UNEs ) pursuant to
Section 251(c)(3) of the Telecommunications Act of 1996 (the "Act") in its Report and Order In the
Matter of Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers;
Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Deployment
of Wireline Services Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338, 96-
and 98-147, (effective October 2 2003) ("TRO"); and
WHEREAS, the United States Court of Appeals for the Washington D.C. Circuit, among other things
reversed and vacated portions of the TRO with respect to several UNEs in its decision USTA v. FCC 359
3d 554 (D.C. Cir. 2004) (effective June 16, 2004) ("USTA II Decision ); and
WHEREAS, the FCC subsequently further issued Interim Rules in its Order and Notice of Proposed
Rulemaking In the Matter of Unbundled Access to Network Elements, Review of the Section 251
Unbundling Obligations of Incumbent Local Exchange Carriers WC Docket No. 04-313 , CC Docket No.
01-338 (effective September 13 2004) ("Interim Rules ); and
WHEREAS, the TRO, the UST A II Decision, and the Interim Rules, individually and together
Decisions ) materially modify Qwest's obligations under the Act with respect to, among other things
Qwest's requirement to offer certain UNEs; and
WHEREAS, the Parties wish to amend the Agreement to comply with the Decisions hereby agree to ~o
so under the terms and conditions contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained in this
Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
I. Amendment Terms
A. To the extent applicable, the Agreement is hereby amended by changing or adding terms
conditions and rates for certain UNEs as set forth in Attachment 1 to this Amendment, attached hereto
and incorporated herein by this reference.
January 26, 2005/pjd/New RochelieliD
Amendment to CDS-O50126-0035
ll.Limitations
A. Nothing in this Amendment shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the Decisions, nor rules, regulations, interpretations, and appeals thereof
including but not limited to state rules, regulations, and laws as they may be issued or promulgated
regarding the same. Nothing in this Amendment shall preclude or estop Qwest or CLEC from taking any
position in any forum concerning the proper interpretation or effect of Decisions or concerning whether
the Decisions should be changed, vacated, dismissed, stayed or modified.
B. This Amendment is based on applicable law as it exists as of September 13, 2004. In the event
that Qwest's obligations to provide specific UNEs that the Interim Rules stated need not be made
available to CLEC where the CLEC did not have access to those UNEs as of June 15, 2004 (including
mass market switching; DSl , DS3, and dark fiber loops; and DSl , DS3, and dark fiber transport facilities)
are altered by: 1) the issuance of permanent or other rules or orders by the FCC; 2) issuance of a court
decision that affects the validity of the Decisions; and/or 3) issuance of a court order that affects the
validity of any other FCC rules or orders; then the Parties agree to comply with said order or decision
including any transitional rates, terms, and conditions established by the FCC, which will be made
automatically applicable to this Agreement immediately upon its effectiveness without further need for
amendment to this Agreement.ill. Conflicts
In the event of a conflict between this Amendment and the terms and conditions of the Agreement, this
Amendment shall control, subject to Section I.B above; provided, however, that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted as, or deemed a
grounds for rIDding, a conflict for purposes of this Section III.
IV. Scope
This Amendment shall amend, modify and revise the Agreement only to the extent the UNEs listed in
Attachment 1 are included in the Agreement and, except to the extent set forth in Section I and Section
of this Amendment, the terms and provisions of the Agreement shall remain in full force and effect after
the execution date.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission except where the change
of law provision in CLEC's Interconnection Agreement specifies a different effective date. The Parties
agree to implement the provisions of this Amendment upon execution ("execution date
VI.Further Amendments
The provisions of this Amendment, including the provisions of this sentence, may not be amended
modified or supplemented, and waivers or consents to departures from the provisions of this Amendment
may not be given without the written consent thereto by both Parties' authorized representative. No
waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder
whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation
or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior
or subsequent such occurrence.
Vll.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
January 26, 2005/pjd/New Rochelle/ID
Amendment to CDS-O50126-0035
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.
New Rochelle Telephone Corp
fka Peconic Telco, Inc.Qwest Corporatione:;~
Signature
Paul Riss
Name Printedrryped
L. T. Christensen
Name Printedrryped
~/jp5
Director -Interconnection Aareements
Title
1c-~
Date
President and CEO
Title
Date
January 26, 2005/pjd/New RocheliellD
Amendment to CDS-O50126-0035
ATTACHMENT
Table of Contents
RECITALS ... ........... .... ..... ........... ......
............................ .................... ....
.............. 1
TABLE OF CONTENTS ............................................................................................
DEFINITIONS ......
....................... ............... ........ ................... ........................
UNBUNDLED NETWORK ELEMENTS (UNE) GENERALLY................................. 5
UNBUNDLED Loop ......................................................................................
SUBLOOP UNBUNDLING...............................................................................
LINE SHARING ............................................................................................2.4 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)......................... 10
UNBUNDLED LOCAL SWITCHING.............. ..................... ............ ................ 10
COMMINGLING ..........................................................................................
RATCHETING ............................................................................................
ROUTINE MODIFICATIONS .........................................................................
January 26, 2005/pjd/New Rochelle/ID
Amendment to CDS-O50126-0035
ATTACHMENT
1.0 Definitions
Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services that a
requesting Telecommunications Carrier has obtained at wholesale from Qwest, or the combination of an
Unbundled Network Element, or a Combination of Unbundled Network Elements, with one or more such
facilities or services.
Commingle" means the act of Commingling.
Dedicated Transport" is a Qwest provided digital transmission path between Qwest Wire Centers, Qwest
End Office Switches, and Qwest Tandem Switches to which CLEC is granted exclusive use.
Unbundled Network Element" (UNE) is a Network Element that has been derIDed by the FCC as a
Network Element to which Qwest is obligated under Section 251(c)(3) of the Act to provide unbundled
access or for which unbundled access is provided under CLEC's Agreement and under this Amendment.
Unbundled Network Elements do not include those Network Elements Qwest is obligated to provide only
pursuant to Section 271 of the Act.
Unbundled Network Elements (UNE) Generally
UNEs shall be obtained solely for the provision of Telecommunications Services only to the
extent allowed by law, which does not include telecommunications utilized by CLEC for its own
administrative use. UNEs shall not be used solely to provide wireless services also known as Commercial
Mobile Radio Service (CMRS).
2 CLEC's Interconnection Agreement may include terms and conditions for certain Network
Elements that Qwest is no longer required to offer on an unbundled basis pursuant to Section 251 of the
Act. The FCC determined in its Triennial Review Order, effective October 2 2003, that certain Network
Elements do not satisfy the FCC's impairment test, and as a result, Qwest is no longer obligated to offer to
CLEC those Network Elements on an unbundled basis pursuant to Section 251 of the Act. As of the
execution date of this Amendment, CLEC shall not order, and Qwest will not provide, the following
Network Elements on an unbundled basis pursuant to Section 251 of the Act:
OCn Loops;
Fiber to the Home, except as identified in Section 2.2 below;
Hybrid Unbundled Loops except as required by Section 2.3 below;
Non-copper distribution Subloop, unless required to access Qwest-owned inside
wire at an MTE;
Feeder Subloops;
Line Sharing;
UDIT (Extended Unbundled Dedicated Interoffice Transport), E-UDF
(Extended Unbundled Dark Fiber), and Transport from a CLEC's Premises to a
January 26, 2005/pjd/New Rochelle/lD
Amendment to CDS-O50126-0035
ATTACHMENT
Qwest Wire Center;
OCn UDIT;
UDIT and UDF as a part of a Meet-Point arrangement;
Remote N ode/Remote Port;
SONET add/drop multiplexing and 3/1 and 1/0 multiplexing;
Enterprise Unbundled Local Switching and related services, including UNE-
PRI, UNE-P DSS, Customized Routing, Shared Transport, Signaling, and Call-
related Databases (see Section 2.5 below);
Unbundled Local Tandem Switching at the DS 1 or above capacity;
Packet Switching; and
Upon the execution date of this Amendment, CLEC shall begin to submit orders to disconnect or
to make other arrangements to convert any former Unbundled Network Elements listed in Section 2.
above that Qwest is providing to CLEC under CLEC's Interconnection Agreement. Any elements listed
in Section 2.2 above remaining in service on January 1, 2005 will be converted to an alternative
arrangement such as resale or Qwest Tariffed service. The effective date of those conversions will be
governed by the change of law provision in CLEC's Interconnection Agreement or January 1 , 2005
whichever is earlier.
0.4 CLEC's Interconnection Agreement may include terms and conditions for certain Network
Elements that had been established by the FCC under its Triennial Review Order as Section 251
Unbundled Network Elements. The Decision by the United States Court of Appeals for the Washington
C. Circuit, effective June 16, 2004, vacated the FCC's rules with respect to unbundling obligations for
several Network Elements, as listed below in this Section.
Unbundled Loops at DS 1 and DS3 capacities;
Unbundled Dark Fiber Loops (UDF-Loops);
Enhanced Extended Loops (EEL) at DS 1 and above capacities;
Unbundled Dedicated Interoffice Transport (UDIT) at DS 1 and DS3 capacities;
Unbundled Dark Fiber Interoffice Facilities (UDF-IOF);
Unbundled Customer-Controlled Rearrangement Element (DCCRE); and
Mass Market Unbundled Local Switching and related services, including UNE- P
Customized Routing, Shared Transport, Signaling, and Call-related Databases
(see Section 2.5 below).
The FCC, in its Interim Rules effective September 13, 2004, required that Qwest continue to
January 26, 2005/pjd/New Rochelle/lD
Amendment to CDS-O50126-0035
ATTACHMENT
make available the Network Elements listed in Section 2.0.4 to CLEC on an interim basis if their
Agreement included the ONEs on June 15, 2004. Therefore, Qwest shall continue to provide these
Network Elements under existing rates, terms, and conditions, as required until such time as there is a
change of law or other event that modifies Qwest' s obligations, as contemplated by Section TI.B of this
Amendment. In the event that there is a change of law or other event that terminates Qwest's obligations
to provide these Network Elements as contemplated by Section II.B of this Amendment, then CLEC shall
submit orders to disconnect or to make other arrangements to convert any former Unbundled Network
Elements listed in Section 2.0.4 above that Qwest is providing to CLEC under CLEC's Interconnection
Agreement within 90 days of the effective date of the order or in compliance with the order, whichever is
earlier. The effective date of those conversions will be the effective date of the change of law or other
date if ordered by the FCC.
Unbundled Loop
1.1 CLEC's Interconnection Agreement terms and conditions shall govern those existing CLEC
Unbundled Loop elements listed below until such time as they are converted or disconnected pursuant
Section 2.3 and 2.5 of this Amendment.
Unbundled Loops at DS 1 and DS3 capacities;
OCn Unbundled Loops;
Fiber to the Home Unbundled Loops (FTTH) except as identified in 2.2 below;
Unbundled Dark Fiber Loops (UDF-Loops);
Enhanced Extended Loop (EEL) at DS 1 and above capacities; and
Hybrid Unbundled Loops except as required by Section 2.2.3 below.
Fiber to the Home (FTTH) Loops. For purposes of this Section, a Fiber to the Home
FTTH") loop is a local Loop consisting entirely of fiber optic cable, whether dark or lit, and serving an
End User Customer s premises or, in the case of predominantly residential multiple dwelling units
(MDUs), a fiber optic cable, whether dark or lit, that extends to the multiunit premises' minimum point of
entry (MPOE).
FTTH New Builds. Qwest shall have no obligation to provide access to a FTTH loop
as an Unbundled Network Element in any situation where Qwest deploys such a loop to an End
User Customer s premises that had not previously been served by any loop facility prior to
October 2, 2003.
FTTH Overbuilds. Qwest shall have no obligation to provide access to a FTTH 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 loop parallel to, or in replacement of, an existing copper loop facility:
1.2.Qwest shall: (i) leave the existing copper loop connected to the End User
Customer s premises after deploying the FTTH loop to such premises, and (ii) upon
January 26, 2005/pjd/New Rochelle/ID
Amendment to CDS-O50126-0035
ATTACHMENT 1
request provide access to such copper loop as an Unbundled Network Element. Not
withstanding 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. Any such restoration shall not be
subject to Performance Indicator Defmition or other performance service measurement or
intervals. Qwest's obligations under this subsection 2.1 shall terminate when Qwest
retires such copper Loop in accordance with the provisions of Section 2.2.3 below.
In the event Qwest, in accordance with the provisions of Section 2.2.3
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 loop, to a
64 kbps transmission path capable of voice grade service.
Retirement of Copper Loops or Copper Subloops and Replacement with
FTTH Loops. In the event Qwest decides to replace any copper loop or copper Subloop
with a FTTH Loop, Qwest will: (i) provide notice of such planned replacement on its
web site (www.qwestcomldisclosures) and (ii) provide public notice of such planned
replacement to the FCC. Such notices shall be in addition to any applicable state
Commission notification that may be required. Any such notice provided to the FCC
shall be deemed approved on the ninetieth (90 ) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) a CLEC objection to a Qwest notice that it plans to
replace any copper loop or copper sub loop with a FTTH Loop shall be filed with the FCC
and served upon Qwest no later than the ninth (9 ) 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.
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.
1.2.3.1 Packet Switching Facilities, Features, Functions and Capabilities - Qwest
not required to provide unbundled access to the Packet Switched features, functions and
capabilities of its Hybrid Loops. Packet switching capability is the routing or forwarding
of packets, frames, cells, or other data units based on address or other routing information
contained in the packets, frames, cells or other data units, and the functions that are
performed by the digital subscriber line access multiplexers, including but not limited to
the ability to terminate an End User Customers' copper loop (which includes both a low-
band voice channel and a high-band data channel, or solely a data channel); the ability to
forward the voice channels, if present, to a circuit Switch or multiple circuit Switches; the
ability to extract data units from the data channels on the loops; and the ability to
combine data units from multiple loops onto one or more trunks connecting to a Packet
Switch or Packet Switches.
1.2.Broadband Services When CLEC seeks access to a Hybrid Loop for the
provision of broadband services, Qwest shall provide CLEC with nondiscriminatory
access to the time division multiplexing features, functions, and capabilities of that
Hybrid Loop on an unbundled basis to establish a complete transmission path between
January 26, 2005/pjd/New Rochelle/lD
Amendment to CDS-O50126-0035
ATTACHMENT
Qwest's Central Office and an End User Customer premises. This access shall include
access to all features, functions, and capabilities of the Hybrid Loop that are not used to
transmit packetized information.
1.2.3.3 Narrowband Services When CLEC seeks access to a Hybrid Loop for the
provision of narrowband services, Qwest may either:
a) Provide nondiscriminatory 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 nondiscriminatory access to a spare home-run copper loop serving
that End User Customer on an unbundled basis.
Subloop Unbundling
1 CLEC's Interconnection Agreement terms and conditions shall govern those existing CLEC
unbundled feeder subloop and non-copper distribution subloop elements until such time as they are
converted or disconnected pursuant to Section 2.3 of this Amendment.
An Unbundled Subloop is derIDed 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 Qwest's 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 or fiber within the cable without removing a splice case to reach the wire or fiber within. Such
points may include, but are not limited to, the pole, pedestal, Network Interface Device, minimum point
of entry, single point of Interconnection Remote Terminal, Feeder Distribution Interface (FDI), or
Serving Area Interface (SAI). CLEC shall not have access on an unbundled basis to a feeder subloop
derIDed as facilities extending from the Central Office to a terminal that is not at the End User Customer
premises or multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only to
the extent it is part of a complete transmission path, not a subloop, between the Central Office and the
End User Customer s premises or MTE.
2.3 Qwest's obligation to construct a Single Point of Interface (SPOI) is limited to those MTEs where
Qwest has distribution facilities to that MTE and owns, controls, or leases the inside wire at the MTE.
addition, Qwest shall have an obligation to construct a SPOI only when CLEC indicates that it intends to
place an order for access to an unbundled Subloop Network Element via a SPOI.
2.4 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal within a non-
Qwest owned MTE is done through an MTE-POI. Collocation is not required to access Subloops used to
access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a
Qwest Premises. Cross-Connect Collocation, refers to creation of a cross connect field and does not
constitute Collocation. The terms and conditions of Collocation do not apply to Cross-Connect
Collocation if required at or near an MTE.
Line Sharing
Qwest shall not be required to provide Line Sharing.
January 26, 2005/pjd/New Rochelle/ID
Amendment to CDS-O50126-0035
ATTACHMENT 1
Unbundled Dedicated Interoffice Transport (UDIT)
2.4.1 CLEC's Interconnection Agreement terms and conditions shall govern those existing CLEC
Unbundled Dedicated Interoffice Transport (UDIT) elements listed below until such time as they are
converted or disconnected pursuant to Section 2.3 and 2.5 of this Amendment.
UDIT (Extended Unbundled Dedicated Interoffice Transport), Extended Unbundled
Dark Fiber (E-UDF); and Transport between CLEC's premises and a Qwest wire center;
OCn UDIT;
UDIT and UDF as a part of a Meet-Point arrangement
Remote N odelRemote Port;
SONET add/drop multiplexing and 3/1 and 1/0 multiplexing;
Unbundled Dark Fiber Interoffice Facilities (UDF-IOF);
Enhanced Extended Loop (EEL) Interoffice Facilities at DS1 and above capacities;
Unbundled Customer-Controlled Rearrangement Element (UCCRE); and
Unbundled Local Switching
UDIT at DS 1 and DS3 capacities.
1 CLEC's Interconnection Agreement terms and conditions shall govern those existing CLEC
Unbundled Switching and related elements listed below until such time as they are converted or
disconnected pursuant to Section 2.3 and 2.05 of this Amendment.
Enterprise and Mass Market Unbundled Local Switching, and related services:
- Customized Routing
- Signaling
- AIN Database Services
- Line Information Database (LIDB)
8XX Database Services
- InterNetwork Calling Name (ICNAM)
- Unbundled Network Element - Platform (UNE-
- Local Number Portability (LNP) Database
- Shared Transport
Packet Switching
Unbundled Local Tandem Switching
Commingling
To the extent it is Technically Feasible, CLEC may Commingle Telecommunications Services
January 26, 2005/pjd/New RocheJle/lD
Amendment to CDS-O50126-0035
ATTACHMENT
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:
Non-telecommunications services;
Enhanced or Information services;
Features or functions not offered for resale on a stand-alone basis or separate from basic
Exchange Service; and
Network Elements offered pursuant to Section 271.
CLEC may Commingle DSO UNEs and combinations of DSO UNEs with wholesale services and
facilities (e., 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 Facility Assignment) of CLECts network demarcation (e., Collocation or
multiplexing facilities) 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 Qwest' s network with Access Services.
1 Work performed by Qwest to Commingle services at CLECts request or to provide
services that are not subject to standard provisioning intervals will not be subject to standard
provisioning intervals, or to performance measures and remedies, if any, contained in CLEC'
Interconnection Agreement or elsewhere, by virtue of that service s inclusion in a requested
Commingled 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 and necessary CF As 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.
Qwest will not combine or Commingle services or Network Elements that are offered by Qwest
pursuant to Section 271 of the Communications Act of 1934, as amended, with Unbundled Network
Elements or combinations of Unbundled Network Elements.
6.4 Services are available for Commingling only in the manner in which they are provided in Qwest'
applicable product Tariffs, catalogs, price lists, or other Telecommunications Services offerings.
Entrance Facilities obtained pursuant to Tariff are available for Commingling. Entrance Facilities
and mid-span meet SpaI obtained pursuant to the LIS Section of CLEC's Interconnection Agreement are
not available for Commingling.
Ratcheting
To the extent a Qwest Tariffed service is used to provide both UNEs and non-UNE services
Qwest shall not be required to bill for such Qwest Tariffed service at blended or multiple rates (otherwise
known as Ratcheting). Instead, CLEC shall be assessed the Tariffed rate, or resale rate, or the rate from
other Qwest wholesale service offerings, as appropriate, for the non-UNE service.
To the extent a multiplexed facility is included in a Commingled circuit, the multiplexed facility
will be ordered and billed pursuant to the appropriate Tariff.
January 26, 2005/pjd/New Rochelle/IO
Amendment to COS-O50126-0035
ATTACHMENT
Routine Modifications
Qwest will also perform routine modifications to existing loop and transport facilities used by
CLEC to the same extent it performs such activities for its own retail End User Customers, including, but
not limited to, rearrangement or splicing of cable (including rearrangement of existing pairs to include
fiber hub counts and rearrangement of existing pairs to extend the line), adding a doubler or repeater
adding and/or rearranging an equipment case, adding a smart jack, installing a repeater shelf, adding a
line card, and deploying a new multiplexer or reconfiguring an existing multiplexer.
January 26, 2005/pjd/New Rochelle/IO
Amendment to COS-O50126-0035