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Home My WebLink About20050218Application Part 2.pdfSection 8 Collocation Systems Administration Fee for the systems and record updates required to transfer the Collocation Site to assuming CLEC and , if a site survey is requested by CLEC, a Site Survey Fee. Any CLEC equipment left in the site will be transferred to assuming CLEC at no charge. Recurring charges for all products and services will be charged at rates listed in assuming CLEC Interconnection Agreement without a discount. Rate Elements - Virtual Collocation The following rate elements, as specified in Exhibit A, apply uniquely to Virtual Collocation. Maintenance Labor. Provides for the labor necessary for repair of out of service and/or service-affecting conditions and preventative maintenance of CLEC virtually collocated equipment. CLEC is responsible for ordering maintenance spares. Qwest will perform maintenance and/or repair work upon receipt of the replacement maintenance spare and/or equipment from CLEC. A call-out of a maintenance technician after business hours is subject to a minimum charge of three (3) hours. Training Labor. Provides for the training of Qwest personnel on a metropolitan service area basis provided by the vendor of CLEC's virtually collocated eql,.lipment when that equipment is different from Qwest-provided equipment. Qwest will require three (3) Qwest employees to be trained per metropolitan service area in which CLEC'virtually collocated equipment is located. If, by an act of Qwest, trained employees are relocated , retired , or are no longer available, Qwest will not require CLEC to provide training for additional Qwest employees for the same virtually collocated equipment in the same metropolitan area. Where more than one (1) CLEC in the same metropolitan area selects the same virtually collocated equipment, the training costs shall be prorated to each according to the number of CLECs so selecting. 3.2.Equipment Bay. Provides mounting space for CLEC virtually collocated equipment. Each bay includes the seven (7) foot bay, its installation , and all necessary environmental supports. Mounting space on the bay, including space for the fuse panel and air gaps necessary for heat dissipation , is limited to 78 inches. The monthly rate is applied per shelf. CLEC may request use of alternate bay heights of 9 foot and 11 foot 6 inches which will be considered on an Individual Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own equipment bay.2.4 Engineering Labor. Provides the planning and engineering of CLEC virtually collocated equipment at the time of installation , change or removal. Installation Labor. Provides for the installation , change or removal of CLEC virtually collocated equipment. Floor Space Lease. Required for Virtual Collocation only in the instance where CLEC provides its own equipment bay. This rate element provides the monthly lease for the space occupied by GLEe-provided equipment bay, including property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls , filters , fire and life systems and alarms , mechanical systems, standard HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/lD/Agreements Number CDS-050126-0049 116 Section 8 Collocation Qwest Premises areas surrounding GLEe-provided equipment bay and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of GLEe-provided equipment bay. 3 Rate Elements - Physical Collocation Space Construction and Site Preparation. Includes the material and labor to construct and prepare the space, including all support structure, cable racking and lighting required to set up the space. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed 2 watts per square foot), and convenience outlets (3 per Caged or Cage less Collocation or number required by building code) and the cost associated with space engineering. If a new line-up is established for Cage less Collocation , an AC power outlet will be provided at every other bay in the line-up. Cageless bays placed in existing line-ups will use the existing outlets. For Caged Collocation, it includes a nine (9) foot high cage enclosure. CLEC may choose from Qwest approved contractors or may use another vendor of CLEC's own choosing, subject to Qwest's approval, which may not be unreasonably withheld, to construct the space, including the cage in the case of Caged Collocation , in accordance with NEBS Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is described in Exhibit A. In the case of Shared Collocation , Qwest may not increase the cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning such a cage of similar dimensions and material to a single collocating party, and Qwest must prorate the charge for site conditioning and preparation by determining the total charge for site preparation and allocating that charge to CLEC based on the percentage of the total space used by CLEC. Qwest must in all cases of Shared space Collocation allocate space preparation , conditioning, security measures and other Collocation charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage of the total overall space preparation and conditioning expenses do not exceed the percentage of the total Collocation space used by CLEC. Floor Space Lease. Provides the monthly lease for the leased physical space , property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls , filters , fire and life systems and alarms mechanical systems, standard HV AC); pro-rata share of biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Qwest Premises common areas surrounding the leased physical space and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of the cage enclosure , as applicable. Intentionally Left Blank.3.4 Collocation Grounding Charge. Used to connect the Premises common ground to CLEC equipment. Recurring and nonrecurring charges are assessed per foot to CLEC's equipment. Rate Elements - ICDF Collocation 3.4.The charges for ICDF Collocation are the nonrecurring and recurring Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lD/Agreements Number CDS-050126-0049 117 Section 8 Collocation charges associated with the Unbundled Network Elements or ancillary services ordered by CLEC , the cost of extending the Unbundled Network Elements or ancillary services to the Demarcation Point, which are recovered through the ITP charges described in the UNE Section , and the Security charge, described in this Section. Rate Elements - Adjacent Collocation The charges for Adjacent Collocation will be developed on an Individual Case Basis , except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined , depending on the specific needs of CLEC and the unique nature of the available adjacent space (e., existing structure or new structure to be constructed). Rate Elements - Remote Collocation and Adjacent Remote Collocation The charges for Remote Collocation will be developed on an Individual Case Basis except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined. Rate Elements - CLEC-to-CLEC Connections 16. The charges for CLEC-to-CLEC Connections are addressed in Section Rate Elements - Facility Connected (FC) Collocation Rate elements for Facility Connected (FC) Collocation include: QPF or Planning and Engineering; copper entrance -facility; fiber entrance facility; termination block with gas protectors; termination panel; and DS1 voltage isolation. Charges associated with these rate elements are specified in Exhibit A of this Agreement. These rate elements and their associated charges are used to develop a price quotation for FC Collocation based on CLEC's FC Collocation Application and the type of Entrance Facility requested. Rate Elements - Splitter Collocation 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. Trouble Isolation Charge - A nonrecurring charge for trouble isolation will be applied in accordance with Section 12.3.4. Additional Testing - CLEC may request Qwest to perform additional testing, and Qwest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge will apply in accordance with Exhibit A.9.4 Splitter Shelf Charge - This charge recovers installation and ongoing maintenance associated with Splitter installation , bay installation, lighting costs, aerial Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/ID/Agreements Number CDS-050126-0049 118 Section 8 Collocation 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. Splitter Charge - A nonrecurring charge will apply for the cost of each Splitter purchased by Qwest on behalf of CLEC. This charge will cover the cost of the Splitter, plus any associated costs incurred by Qwest to order the Splitter. Engineering - 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 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. The rates for each of the aforementioned split services rate elements are set forth in Exhibit A to this Agreement. Ordering Ordering - All Collocation 8.4.CLEC must complete the requirements in the Implementation Schedule Section of this Agreement before submitting a Collocation Application Form to Qwest. 8.4.Nothing in this Agreement shall be construed to preclude CLEC from submitting an order for Collocation prior to CLEC'execution of this Agreement. If, however, the Collocation interval is completed before this Agreement or another interconnection agreement becomes effective, the rates terms , and conditions of this Agreement shall apply to such Collocation. 8.4.Any material changes, modifications or additional engineering (Material Changes) requested by CLEC, subsequent to its original Collocation order, as to the type and quantity of equipment or other aspects of the original Collocation order, must be submitted with a revised Collocation Application. For purposes of this section Material Changes are changes that would significantly impair Qwest's ability to provision the requested Collocation within the applicable intervals if the changes are provisioned with the original Collocation order and would require Qwest to incur financial penalties under the terms of this Agreement or other Applicable Law. Qwest shall determine the additional time required to comply with CLEC's request for Material Changes (Additional Time), and CLEC shall have the option of (a) having the request for Material Changes implemented with the original Collocation order (within the original Provisioning intervals) as extended by the Additional Time; or (b) having Qwest process and provision the request as a subsequent construction activity or augmentation to the original Collocation order. Any nonmaterial changes, modifications, or additional engineering requested by CLEC, subsequent to its original Collocation order, may be submitted with a revised Collocation Application or otherwise communicated to Qwest and shall be implemented with the original Collocation order within the original applicable intervals. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/1 0/ Agreements Nu mber COS-050126-0049 119 Section 8 Collocation 8.4.There are three (3) primary steps in the ordering of Collocation - Forecasting, 2) Application, and 3) Acceptance of Quote. 8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each quarter of its future Collocation requirements. The quarterly forecast shall be reviewed by CLEC and the Qwest account team. CLEC's forecast shall be considered accurate for purposes of Collocation intervals if the subsequent Collocation Application correctly identifies a) and e) below, and b) and c) below are within twenty percent (200/0) of the forecast. If at the time the Collocation Application is made the forecasted type Collocation is not available , CLEC may specify a different type of Collocation without affecting the Collocation intervals. The forecast shall include, for each Qwest Premises the following: Identification of the Qwest Premises;b) Floor space requirements, including the number of bays for a Cage less Collocation arrangement; Power requirements; Heat Dissipation (optional);e) Type of Collocation (e., Caged Physical, Cage less Physical, Shared ICDF, Virtual, etc. Intentionally Left Blank. Entrance Facility Type (e., Express Fiber, Private Line); Type and Quantity of Terminations (optional); andi) Month or Quarter, during or after which CLEC expects to submit its Collocation Application. 8.4.1.4.The following terms shall apply to the forecasting process: 8.4.1.4; CLEC forecasts shall be provided as detailed in Sectionb) CLEC forecasts shall be Confidential Information and Qwest may not distribute , disclose or reveal, in any form, CLEC forecasts other than as allowed and described in subsections 5.16.1 and 5.16. 8.4.CLEC shall submit a Collocation Application to order Collocation at a particular Qwest Premises. A Collocation Application shall be considered complete, if it contains: Identification of the Qwest Premises; b) Floor space requirements, including the number of bays for a Cage less Collocation arrangement; Qwest Fourteen State Negotiations Template Version 1.50, October 18 , 2004 26-2005/1hdNycera/l 01 Agreements Nu mber COS-050 126-0049 120 Section 8 Collocation Power requirements; Heat dissipation;e) Type of Collocation (e., Caged Physical, Cage less Physical, Shared Virtual, etc.f) Collocated equipment and technical equipment specifications (manufacturer make , model no., functionality i.e., cross connect, DLC, DSLAM transmission , Switch, etc., physical dimensions , quantity). (NOTE: Packet or circuit switching equipment requires, in writing and attached to the Collocation Application, how this equipment is necessary for access to UNEs Interconnection. A high level equipment interface or connectivity schematic for the equipment should also be included. g) . Entrance Facility type; Type and quantity of terminations;i) If desired, an alternate form of Collocation if the first choice is not available; and Billing contact. 8.4.Parties will work cooperatively to ensure the accuracy of the Collocation Application. If Qwest determines that the Collocation Application is not complete Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days after receipt of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Acceptance - After receipt of Collocation Quote Form from Qwest CLEC shall formally accept the quote in order for Qwest to continue the processing the Collocation Application. A Collocation Acceptance shall be considered complete , if rt contains: Signed Notification of Acceptance; and Payment of fifty percent (500/0) of quoted charges. 8.4.Collocation Space Reservation - allows CLEe to reserve space and identify, to the extent available , infrastructure incidental to that space such as power and HVAC, in a Qwest Premises for up to one (1) year for transmission equipment (ATM Packet Switching, DSLAM), three (3) years for circuit switching equipment, and five (5) years for power equipment. CLEC may reserve space in a particular Qwest Premises through the Collocation Space Reservation Application Form. Requests for contiguous space will be honored , if available. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 121 Section 8 Collocation 8.4.Collocation Space Reservation Application - Upon receipt of the Collocation Space Reservation Application Form, Qwest will provide space feasibility within ten (10) calendar Days. 8.4.Collocation Space Reservation Quotation If space is available Qwest will provide a specific price quote based on the requested Collocation requirements described on the Collocation Space Reservation Application Form. The quote and a Billing invoice for twenty-five percent (250/0) payment nonrecurring charges will be sent to CLEC within twenty-five (25) calendar Days from the Collocation Space Reservation Application receipt. 8.4.Collocation Space Reservation Acceptance. CLEC must electronically submit Acceptance or non-Acceptance of the quote within seven (7) calendar Days of receipt of the quotation. If CLEC submits the Acceptance between eight (8) and thirty (30) calendar Days of receipt of the quotation, Qwest will honor the reservation upon receipt of the payment only if Qwest does not receive a competing request for the same space from another CLEC. Qwest will not honor reservations CLEC submits the Acceptance more than thirty (30) calendar Days after receipt of the quotation. 8.4.Upon receipt of the twenty-five percent (250/0) payment , Qwest will reserve the space on behalf of CLEC in accordance with the Collocation Space Reservation Application and take the necessary steps to ensure the availability of power, HV AC and other components reflected on the Collocation Space Reservation Application. Qwest will hold the reservation for the applicable reservation period after the twenty-five percent (250/0) payment. This payment will be applied to the subsequent Collocation Application. 8.4.7.4 CLEC may cancel the reservation at any time during the applicable reservation period. Upon notification of the cancellation , Qwest will refund a prorated portion of the twenty-five percent (250/0) payment as follows: a) Cancellation notification within ninety (90) calendar Days from receipt of wire transfer, seventy-five percent (750/0) of the initial down payment will be returned to CLEC. b) Cancellation notification within ninety-one (91) and one hundred and eighty (180) calendar Days from receipt of wire transfer, fifty percent (500/0) of the initial down payment will be returned to CLEC. c) Cancellation notification within one hundred and eighty-one (181) and . two hundred and seventy (270) calendar Days from receipt of wire . transfer, twenty-five percent (250/0) of the initial down payment will returned to CLEC. d) Cancellation notification after two hundred and seventy (270) calendar Days from receipt of wire transfer, zero percent (00/0) of the initial down payment will be returned to CLEC. Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 122 Section 8 Collocation 8.4.Collocation Space Option 8.4.1 CLEC , Qwest and Qwest Affiliates may option space in Qwest Wire Center Premises in accordance with the terms of this Section 8.4.8 for the following equipment and time periods: Transmission equipment - one (1) year Circuit switching equipment - three (3) years Power plants - five (5) years 8.4.Optioned space is offered to CLECs for Caged , Cage less , and Virtual Collocation. To promote fairness and prevent warehousing, the followinglimits apply: a) The Party requesting the option may specify the amount space to be optioned but not a specific location within the Wire Center. CLEC may also request space be contiguous to its existing Collocation space.b) A requesting CLEC may option one (1) Collocation space per Wire Center.c) The maximum amount of space per Wire Center to be Optioned is: - 200,square feet for Caged Collocation - 4 bays for Cageless and Virtual Collocation 8.4.The Collocation Space Option Application form will be processed upon receipt of a properly completed request. Such form shall be considered properly completed if it contains identifying information of CLEC, the applicable Qwest Premises, the amount of Collocation space sought, the type Collocation (Caged, Cageless, Virtual) and the type of equipment (from the categories identified in Section 8.4.1) for which the option is being sought. CLEC must have met all past and present undisputed financial obligations to Qwest. Upon receipt of the Collocation Space Option Application form, Qwest will confirm in writing, within ten (10) calendar Days, the availability and price quote (the "Option Fee ) for the Optioned space. If space is not available, Qwest will deny the request. 8.4.8.4 CLEC must submit Acceptance with full payment of the nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the quoted Option Fee , within seven (7) calendar Days of receipt of the quotation. When Qwest takes an option on space for itself, Qwest shall impute an amount equal to the Option Fee to the appropriate operations for which the optioned space applies. The option quote expires seven (7) calendar Days after delivery to CLEC. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 123 Section 8 Collocation 8.4.Upon receipt of Acceptance and full payment of the nonrecurring portion of the Option Fee Qwest will option the space on behalf of CLEC including the contiguous space requests if available (or itself if appropriate) and the option time frame will begin. The prioritization of optioning will be based upon the date and time of the Acceptance. The earlier in time an Acceptance is received by Qwest, the higher in priority is such option. The option is limited to space only and does not include other elements required to provision the Collocation. 8.4.In order for an option request to avoid expiration, CLEC must: Submit a Collocation Application during the option time frame; b) The option may be renewed if a Collocation Space Option Application is received at least ten (10) calendar Days prior to the expiration of the term of the existing option. The priority of a renewed option is determined by the date CLEC accepts the quote from Qwest on CLEC's renewal application. 8.4.First Right of Refusal - If Qwest receives a valid Collocation Application (CLEC A is the requesting party) for a Qwest Wire Center in which all available space has been occupied or optioned , the following provisions for First Right of Refusal will apply: 8.4.All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.11 and 8.12). addition , Qwest will provide CLEC A with option space information (e. Caged and Cage less optioned space) that may fulfill the requirements CLEC A'Collocation Application. At CLEC A's request Qwest will initiate the option enforcement notice process by notifying the option partyor parties with the most recent space option(s) that meets the requirements of CLEC A's Collocation Application. 8.4.The option enforcement notice serves as notification to the option party that Qwest is in possession of valid Collocation Application , - and calls for the option party to exercise its Right of First Refusal, or relinquish its space option. The option party may exercise its Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4., or by submitting the Collocation Space Reservation Application set forth in Section 8.4., within ten (10) calendar Days of receipt of the option enforcement notice. This process continues for all optioned space until all optioned space is exercised or optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period , whichever is earlier) to fulfill the Collocation Application. Once optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.Where contiguous space has been optioned, Qwest will make- its best effort to notify CLEC if Qwest, its Affiliates or other Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/lO/Agreements Number COS-050126-0049 124 Section 8 Collocation CLECs require the use of CLEC's contiguous space. Upon notification CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space option or continue without the contiguous provIsion. 8.4.7.4 The rate elements for the Collocation Space Option are comprised of the following:a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application , feasibility, common space engineering, records management, - and administration of the First Right Refusal process.b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned , at two dollars ($2.00) per square foot per month. 8.4.In the event that the option party proceeds with a Collocation Application for optioned space all payments made pursuant to Section 8.4.7.4(b) above shall be applied to such Collocation Application. 8.4.The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation (Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5) Collocation Applications per CLEC per week per state. If six (6) or more Collocation Applications are submitted by CLEC in a one (1) week period in the state, intervals shall be individually negotiated. Qwest shall , however, accept more than five (5) Collocation Applications from CLEC per week per state , depending on the volume of Collocation Applications pending from other CLECs. Ordering - Virtual Collocation 8.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.Qwest will perform a feasibility study to determine if adequate space, power and HVAC can be found for the placement of CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) calendar Days of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation - If Collocation Entrance Facilities and space are available Qwest will develop a price quotation within twenty-five (25) calendar Days of completion Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/IOI Agreements Number COS-050 126-0049 125 Section 8 Collocation of the feasibility study. Subsequent requests to augment an existing Collocation also require receipt of a Collocation Application. Adding plug-ins , e., DS1 or DS3 cards to existing virtually collocated equipment, will be processed and provisioned within ten (10) business days. Virtual Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- Upon receipt of complete Collocation Acceptance, as described in 8.4., space will be reserved and construction by Qwest will begin. 8.4.2.4' Interval - The interval for Virtual Collocation shall vary depending upon four (4) factors: 1) whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved , in accordance with Section 8.4.7; 2) whether CLEC provides its Acceptance within seven (7) calendar Days receipt the quotation; 3) whether CLEC delivers its collocated equipment to Qwest in a timely manner, which shall mean within fifty-three (53) calendar Days of the receipt of the complete Collocation Application; and 4) whether the Collocation Application requires major infrastructure additions or modifications. The installation of line cards and other minor modifications shall be performed by Qwest on shorter intervals and in no instance shatl any such interval exceed thirty (30) calendar Days. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use- its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.2.4.Forecasted Applications with Timely Acceptance - If a Collocation Application is included in CLEG's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Application , Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Application. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Application , Qwest shall complete the Collocation installation within forty-five (45) calendar Days of the receipt of all of CLEC's equipment. 8.4.2.4.Forecasted Applications with Late Acceptance If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete the Collocation installation within forty-five (45) calendar Days of the receipt of all of CLEC' equipment. If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation , the Collocation Application shall be Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005I1hdNyceraIlO/Agreements Number COS-050126-0049 126 Section 8 Collocation resubmitted by CLEC. 8.4.2.4.Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation ' Application , and if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation , and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Application , Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt the complete Collocation Application. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within seventy-five (75) calendar Days of the receipt of all of CLEC's equipment. 8.4.2.4.4 Unforecasted Applications with Late Acceptance If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation , and if all of CLEC' equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance , Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete the Collocation installation within seventy-five (75) calendar Days of the receipt of all of CLEC's equipment. 8.4.2.4.Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC' specific requirements. Major infrastructure modifications that may be required include conditioning space, permits DC power plant, standby generators heating, venting or air conditioning equipment. The installation intervals Sections 8.4.2.4.through 8.4.2.4.4 may be extended if required accommodate major infrastructure modifications. When major infrastructure modifications as described above are required, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Application , Qwest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred and fifty (150) calendar Days after receipt of the complete Collocation Application. The need for, and the duration an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration an extended interval , in which case Qwest must request a waiver from the Commission to obtain an extended interval. 8.4.2.4.Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the need for an infrastructure modification , Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/l 01 Agreements Number COS-050 126-0049 127 Section 8 Collocation when CLEC submits a Collocation Application. If not withstanding these efforts Qwest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval , Qwest may seek a waiver from the Commission to obtain an extended interval. Ordering - Caged and Cage less Physical Collocation 8.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.5 Qwest will perform a feasibility study to determine if adequate space, power, and HVAC can be found for the placement and operation CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Collocation Application. As part the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation -- If Collocation Entrance Facilities and space are available Qwest will develop a quote for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) calendar Days of providing the feasibility study. Physical Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the Collocation Entrance Facility and space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.6 space will be reserved and construction by Qwest will begin. 8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon three factors - 1) whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved , in accordance with Section 8.4.7; 2) whether CLEC provides its Acceptance within seven (7) calendar days of receipt of the quotation; and 3) whether the Application requires major infrastructure additions or modifications. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.3.4.Forecasted Applications with Timely Acceptance If a Premises is included in CLEC'forecast at least sixty (60) calendar Days prior to submission of the application, and if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Application. 8.4.3.4.Forecasted Applications with Late Acceptance If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 128 Section 8 Collocation of the Collocation Application , and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation , Qwest shall complete its installation the Collocation arrangement within ninety (90) calendar Days of ~he receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation , a new Collocation Application shall be resubmitted by CLEC. 8.4.3.4.Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application , and if CLEC provides a complete Acceptance within seven (7) calendar Days after receipt of the Qwest Collocation quotation Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt the complete Collocation Application. 8.4.3.4.4 Unforecasted Applications with Late Acceptance If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete Collocation Acceptance. 8.4.3.4.Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC' specific requirements. Major infrastructure modifications that may be required include conditioning space , permits DC power plant , standby generators heating, venting or air conditioning equipment. The installation intervals Sections 8.4.3.4.through 8.4.3.4.4 may be extended if required accommodate major infrastructure modifications. When major infrastructure modifications as described above are required , Qwest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred and fifty (150) calendar Days after receipt of the complete Collocation Application. The need for, and the duration an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended interval. 8.4.3.4.Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4. when CLEC submits a Collocation Application. If not withstanding these efforts Qwest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval, Qwest may seek a waiver from the Commission to obtain an extended interval. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 129 Section 8 Collocation Ordering - Interconnection Distribution Frame (ICDF) Collocation 8.4.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.Qwest will perform a feasibility study to determine if adequate space can be found for the placement and operation of CLEC's terminations within the Wire Center. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery the ordered Collocation space and related faCilities. CLEC may submit an ICDF forecast in accordance with Section 8.4.1.4. The forecast shall include demand by DSO DS1 and DS3 capacities that will be terminated on the Interconnection Distribution Frame by Qwest on behalf of CLEC. Such forecasts shall be used by Qwest to determine the sizing of required tie cables and the terminations on each Interconnection Distribution Frame as well as the various other frames within the Qwest Wire Center. 8.4.4.If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. . To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.4.Quotation -- If space is available Qwest will develop a quote for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) calendar Days of providing the feasibility study. ICDF Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4., space will be reserved and construction by Qwest will begin. 8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two (2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the space was reserved , in accordance with Section 8.4.7 and 2) whether CLEC provides its Acceptance within seven (7) calendar Days of the quotation. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals 8.4.4.4.Forecasted Applications with Timely Acceptance If a Premises is included in CLEC'forecast at least sixty (60) calendar Days prior to submission of the Collocatio n Application, and if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within forty-five (45) calendar Days of the receipt of the complete Collocation Application. 8.4.4.4.Forecasted Applications with Late Acceptance If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005I1hdNycera/lO/Agreements Number COS-050126-0049 130 Section 8 Collocation of the Collocation Application , and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation , Qwest shall complete its installation the Collocation arrangement within forty-five (45) calendar Days of the receipt the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) days after receipt of the Qwest quotation , the Collocation Application shall be resubmitted by CLEC. 8.4.4.4.-3 Unforecasted Applications with Timely Acceptance - If' a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) calendar Days after receipt of the Qwest Collocation quotation Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Application. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Qwest must request a waiver from the Commission. 8.4.4.4.4 Unforecasted Applications with Late Acceptance If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Collocation Application and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Acceptance. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Qwest must request a waiver from the Commission. Ordering - Adjacent Collocation 8.4.If space for Physical Collocation in a particular Qwest Premises is not available at the time of CLEC's request CLEC may request Qwest to conduct a feasibility study for Adjacent Collocation for that Premises site. Qwest recommends that Qwest and CLEC conduct a joint site visit of such Premises to determine if suitable arrangements can be provided on Qwest's property. Qwest will make available, within ten (10) business days, drawings of the Qwest physical structures above and below ground for the requested Adjacent Collocation site. 8.4.If a new structure is to be constructed, the interval shall be developed on an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW), if required , the provision of Collocation services by Qwest , in accordance with CLEC' Collocation Application , and the construction by CLEC of the adjacent structure. If CLEC disputes the interval proposed by Qwest Qwest must promptly petition the Commission for approval of such disputed interval. 8.4.If Adjacent Collocation is provided within an existing Qwest Premises, the ordering procedures and intervals for Physical Collocation shall apply. Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/1hdNycera/IO/Agreements Number COS-050126-0049 131 Section 8 Collocation Ordering - Remote Collocation and Adjacent Remote Collocation 8.4.The ordering procedures and intervals for Physical Collocation or Virtual Collocation shall apply to Remote Collocation , and to Adjacent Remote Collocation provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4. Remote Collocation and Adjacent Remote Collocation are ordered using the Remote Collocation Application Form. 8.4.If space for Physical Collocation or Virtual Collocation in a particular Qwest Remote Premises is not available at the time of CLEC's request, CLEC may order Adjacent Remote Collocation using the ordering procedures described above for Adjacent Collocation in Sections 8.4.1 and 8.4. Ordering - CLEC to CLEC Connections 8.4.Application -- Upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.5 (Subsections a , e , h and j). Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of CLEC's copper, coax, or fiber optic cable, or any other Technically Feasible method used to interconnect CLEC's collocated equipment that is in separate locations in the same Qwest Premises , or to another CLEC's equipment in the same Premises. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Collocation Application. 8.4.If Qwest determines that the Collocation Application is not complete , Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation -- If existing cable racking is available Qwest will provide CLEC with a quote and the specific cable rack route to CLEC with the feasibility study. If additional cable racking is required to accommodate CLEC's request Qwest shall provide a feasibility and quote to CLEC no later than ten (10) calendar Days of receipt Collocation Application. CLEC-to-CLEC Connection quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period , the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC Connections: 8.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC must submit payment of one hundred percent (1000/0) of the quoted nonrecurring charges with its Acceptance. Upon receipt of complete Collocation Acceptance CLEC may begin placement of its copper, coax, or fiber cables along the Qwest designated cable rack route. Recurring charges will begin with CLEC Acceptance. 8.4.CLEC-to-CLEC Connections using new cable rack. - Upon Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 132 Section 8 Collocation receipt of a complete Acceptance from CLEC, as described in Section 8.4. Qwest will begin construction of the new cable rack. 8.4.7.4 Interval - Pursuant to Section 8.4., the construction interval for CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall be within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation, the Collocation Application shall be resubmitted by CLEC. Ordering - Direct Connections 8.4.Application - Where Direct Connection is requested in a Wire Center where CLEC already has established Collocation , upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.5 (Subsections a, e hand j), Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of copper, coax, or fiber optic cable , or any other Technically Feasible method , used for Direct Connection (as described in Section 8.11.2). The feasibility study will be provided within ten (10) calendar Days from date of receipt of complete Collocation Application. 8.4.If Qwest determines that the Collocation Application is not complete , Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation - If existing cable racking is available, Qwest will provide CLEC with a quote and the specific cable rack route with the feasibility study. If additional cable racking is required to accommodate CLEC's request, Qwest shall provide a quote to CLEC no later than ten (10) calendar Days after receipt of a complete Collocation Application. Direct Connection quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4. Connection: Acceptance - There are two (2) forms of Acceptance for Direct 8.4.Direct Connection with existing cable rack. CLEC must submit payment of one hundred percent (1000/0) of the quoted nonrecurring charges with its acceptance notification. 8.4.Direct Connection using new cable rack. - Upon receipt of complete Acceptance from CLEC , as described in Section 8.4., Qwest will begin construction of the new cable rack. 8.4.8.4 Interval - The construction interval for Direct Connections shall be dependent upon whether the Direct Connection is to the COSMICTM frame requiring a MELDTM and or if new cable racking is required. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 133 Section 8 Collocation 8.4.8.4.If CLEC provides a complete Acceptance within thirty (30) calendar Days of receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Direct Connection above the DSO level where no new cable racking is required within thirty (30) calendar Days of the receipt of the complete Collocation Acceptance. If Direct Connection is required at the DSO level, to the COSMICTM, or if new cable racking needs to be installed, Qwest will provision the direct trunking within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance. Ordering - Facility Connected (FC) Collocation 8.4.. Application - Upon receipt of a complete Collocation Application as described in Section 8.4., Qwest will perform a feasibility study. The feasibility study will be provided within ten (10) calendar Days of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.If Qwest determines that the Collocation Application is not complete , Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation - If Collocation Entrance Facilities and space are available Qwest ,will develop a price quotation within twenty-five (25) calendar Days of providing the feasibility study. Facility Connected Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance - Upon receipt of a complete Collocation Acceptance , as described in Section 8.4., space will be reserved and construction by Qwest will begin. 8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on two (2) factors - 1) whether CLEC provides its Acceptance within seven (7) calendar Days of receipt of the quotation; and 2) whether CLEC delivers i~s Entrance Facility Qwest's C-POI in a timely manner, which shall mean within fifty-three (53) calendar Days of the receipt of the complete Collocation Application. Qwest will provide FC Collocation ninety (90) calendar Days from receipt of a complete Collocation Application with timely Acceptance of the quote by CLEC. With late Acceptance of the quote by CLEC , Qwest will provide FC Collocation ninety (90) calendar Days from Acceptance.CLEC must have its Entrance Facility at the C-POI no later than fifty-three (53) calendar Days after Qwest receives the complete CoUocation Application. If CLEC's Entrance Facility is not completed to the C-POI within fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete the FC Collocation within forty-five (45) calendar Days of the completion and availability of CLEC's Entrance Facility at the C- POI. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/l O/Agreements Nu mber COS-050126-0049 134 Section 8 Collocation Billing Billing - All Collocation Upon completion of the Collocation construction activities and payment the remaining nonrecurring balance , Qwest will provide CLEC a completion package that will initiate the recurring Collocation charges. Once this completion package has been signed by CLEC and Qwest and Qwest has received the final fifty percent (500/0) balance, Qwest will activate CLEC transport services and/or UNEs or ancillary services coincident with completion of the Collocation. In the event Qwest has completed all associated construction activities and CLEC has not completed its associated activities (e., delivering fiber to the C-POI or providing the equipment cables for connecting to the Interconnection Distribution Frame), Qwestwill bill an adjusted amount of the remaining nonrecurring balance , close the job, and begin Billing the monthly recurring rent charge. In those instances where the job is delayed due to CLEC not having its fiber to the POI , Qwest will request the balance due minus the dollar amount specific to this work activity, and begin Billing the monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can request Qwest to return and complete the splicing activity at the rate reflected in this Agreement. I n the case of missing equipment cables, CLEC will be responsible for installing the cables if not delivered at job completion. The installation activity must be conducted by a Qwest approved vendor and follow the designated racking route. Final test and turn-up will be performed under the Maintenance and Repair process contained herein. Billing - Virtual Collocation Virtual Collocation will be considered complete when the Premises is Ready for Service (RFS). Cooperative testing between CLEC and Qwest may be negotiated and performed to ensure continuity and acceptable transmission parameters in the facility and equipment. Billing - Caged and Cageless Physical Collocation Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remaining nonrecurring charges, Qwest will schedule a walk through of the space with CLEC. During this joint walk through, Qwest will turn over access to the space and provide security access to the Premises. Upon completion of the acceptance walk through CLEC will be provided the Caged or Cageless Physical Collocation completion package (Le., all ordering information). The monthly Billing for leased space, DC power, Entrance Facility, and other associated monthly charges will commence with CLEC sign off on the completion of the physical space. CLEC may then proceed with the installation of its equipment in the Collocation space, unless early access has been arranged pursuant to Section 8.7. If Qwest, despite its best efforts , including notification through the contact number on the Collocation Application, is unable to schedule the walk through with CLEC within twenty-one (21) calendar Days of the RFS, Qwest shall activate the monthly recurring charges. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 135 Section 8 Collocation Maintenance and Repair Virtual Collocation Maintenance Labor, Inspector Labor, Engineering Labor and Equipment Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time) and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and holidays. Installation and maintenance of CLEC's virtually collocated equipment will be performed by Qwest or a Qwest authorized vendor. Upon failure of CLEC's virtually collocated equipment, Qwest will promptly notify CLEC of such failure and the corrective action that is needed. Qwest will repair such equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC is responsible for transportation and delivery of maintenance spares to Qwest at the Premises housing the failed equipment. CLEC is responsible for purchasing and maintaining a supply of spares. Physical Collocation CLEC is responsible for the maintenance and repair of its equipment located within CLEC's leased space. Interconnection Distribution Frame CLEC is responsible for block and jumper inventory and maintenance at the Interconnection Distribution Frame and using industry accepted practices for its terminations. Additionally, CLEC is responsible for having jumper wire and tools for such operations. Qwest is responsible for the overall repair and maintenance of the frame; including horizontal and vertical mounting positions , cable raceways, rings, and troughs, and general housekeeping of the frame. Adjacent Collocation and Adjacent Remote Collocation 6.4.CLEC is responsible for the maintenance and repair of its equipment located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space. Facility Connected (FC) Collocation Qwest will be responsible for all Maintenance and Repair of Collocation facilities from the C-POI into and within the Wire Center, and for the associated Interconnection , ancillary services, and Finished Services terminated on the FC Collocation blocks or panels. CLEC does not have physical access to the Wire Center for FC Collocation. Splitter Collocation When Splitters are installed in Qwest Wire Centers via Common Area Splitter Collocation, CLEC will order and install additional Splitter cards as necessary to Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 136 Section 8 Collocation 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 fill the shelf to capacity. When Splitters are installed in Qwest Wire Centers via standard Collocation arrangements , CLEC may install test access equipment in its Collocation areas in those Wire Centers for the purpose of testing Shared Loops. This equipment must meet the requirements for Central Office equipment set by the FCC in its March 31 1999 Order in CC Docket No. 98-147. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 137 Section 9 Unbundled Network Elements SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS General Terms Changes in law, regulations or other "Existing Rules" relating to Unbundled Network Elements (UNEs), including additions and deletions of elements Qwest is required to unbundle and/or provide in a UNE Combination , shall be incorporated into this Agreement by amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws , the Bona Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that Qwest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act and other Applicable Laws. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC or the state Commission. UNEs shall only be obtained for the provision of Telecommunications Services which do 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). 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: 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 UNEs and combinations of 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 CLEC's 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. Work performed by Qwest to Commingle services at CLEC' 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 this 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, 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 Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 138 Section 9 Unbundled Network Elements 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. Services are available for Commingling only in the manner in which they are provided in Qwest's applicable product Tariffs , catalogs , price lists, or other Telecommunications Services offerings. Entrance Facilities obtained pursuant to Tariff are available for Commingling. Entrance Facilities and mid-span meet SPOlobtained pursuant to Section 7 of this Agreement are not available for Commingling. 1.4 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. 1.4.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. Qwest is no longer obligated to provide to CLEC certain Network Elements that had formerly been required to be offered ' on an unbundled basis pursuant to Section 251 of the Act. These former Unbundled Network Elements were determined by the FCC to not satisfy the FCC's impairment test. As a result, these Network Elements are not available under this Agreement: OCn Loops; Fiber-to-the-Home, except as identified in Section 9.of this Agreement; Hybrid Unbundled Loops except as required by Section 9-of this Agreement; Non-copper distribution Subloop, unless required to access Qwest-ownedinside wire at an MTE; Feeder Subloops; Line Sharing; UDIT (Extended Unbundled Dedicated Interoffice Transport), E-UDF (Extended Unbundled Dark Fiber), and transport from CLEC's premises to a Qwest Wire Center; OCn UDIT; UDIT and UDF as a part of a Meet-Point arrangement; Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 139 Section 9 Unbundled Network Elements Remote node/remote port; SO NET multiplexing; Enterprise Unbundled Local Switching and related services, including UNE-P ISDN PRI , UNE-P DSS , Customized Routing, Shared Transport Signaling, and access to Call-related databases; Unbundled LoQal Tandem Switching at the DS1 or above capacity; Packet Switching; and Directory Assistance Service and Operator Services (except see Sections 10.5 and 10.7 - these services are provided under this Agreement). The March 2 2004 Decision by the United States Court of Appeals for the C. Circuit vacated the FCC'rules with respect to several unbundled network elements. As a result, these Network Elements are not available under this Agreement: Unbundled Loops at DS1 and DS3 capacities; Unbundled Dark Fiber Loops (UDF-Loops); High Capacity Enhanced Extended Loops (EEL) at DS1 and above capacities; Unbundled Dedicated Interoffice Transport (UDIT) at DS1 and DS3 capacities; Unbundled Dark Fiber Interoffice Facilities (UDF-IOF); 3/1 and 1/0 multiplexing; Unbundled Customer-Controlled Rearrangement Element (UCCRE); and Mass Market Unbundled Local Switching and related services, including UNE-P POTS , UNE-P PBX, UNE-P ISDN BRI , UNE-P Centrex, UNE- PAL, Customized Routing, Shared Transport, Signaling, and access to Call-related databases.7 If, on the Effective Date of this Agreement, Qwest is providing to CLEC pursuant to orders placed in accordance with a preceding Interconnection Agreement any of the elements described in Sections 9.5 or 9., Qwest will convert and/or re-rate any such elements to an alternative offered service absent a separate written agreement between the Parties to the contrary. The effective Billing date of conversions made under this provision will be governed by the change of law provision in CLEC' preceding Interconnection Agreement or will be the Effective Date of this Agreement whichever is earlier. Qwest shall provide non-discriminatory access to Unbundled Network Elements on rates , terms and conditions that are non-discriminatory, just and reasonable. The quality an Unbundled Network Element Qwest provides, as well as the access provided to that Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 140 Section 9 Unbundled Network Elements 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. Notwithstanding specific language in other sections of this Agreement, all provisions of this Agreement regarding Unbundled Network Elements are subject to this requirement. In addition Qwest shall comply with all state wholesale service quality requirements. If facilities are not available, Qwest will build facilities dedicated to an End User Customer if Qwest would be legally obligated to build such facilities to meet its Provider of Last Resort (POLR) obligation to provide basic Local Exchange Service or its Eligible Telecommunications Carrier (ETC) obligation to provide primary basic Local Exchange Service. CLEC will be responsible for any construction charges for which an End User Customer would be responsible. In other situations, Qwest does not agree that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant to Section 9.19 of this Agreement. Upon receipt of an LSR or ASR Qwest will follow the same process that it would follow for an equivalent retail service to determine if assignable facilities exist that fit the criteria necessary for the service requested. If available facilities are not readily identified through the normal assignment process, but facilities can be made ready by the requested Due Date, CLEC will not receive an additional FOC, and the order Due Date will not be changed. If cable capacity is available , Qwest will complete incremental facility work (i.e., conditioning, place a drop, add a Network Interface Device card existing subscriber loop carrier systems at the Central Office and Remote Terminal , add Central Office tie pairs, add field cross connect jumpers) in order to complete facilities to the End User Customer s premises. Qwest will also perform network 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 .Iine), 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. Rates for such modifications are included in Exhibit The provisions of this Section shall not be construed to require Qwest to provide unbundled access to a Fiber-to-the-Home loop when Qwest deploys such a loop to an End User Customer premises except as described in Section 9.1.2. Qwest Fourteen State Negotiations Template Version 1., October 18,2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 141 Section 9 Unbundled Network Elements During the normal assignment process , if no available facilities are identified for the UNE requested , Qwest will look for existing engineering job orders that could fill the request in the future. If an engineering job currently exists, Qwest will add CLEC's request to that engineering job and send CLEC a jeopardy notice. Upon completion of the engineering job, Qwest will send CLEC another FOC with a new Due Date. If facilities are not available and engineering job exists that could fill. the request in the future, Qwest will treat CLECs request as follows: For UNEs that meet the requirements set forth in Section 9., CLECwili receive a jeopardy notice. Qwest will initiate an eng'ineering job order for delivery of primary service to the End User Customer. When the engineering job is completed, CLEC will receive another FOC identifying a new Due Date when the Loop will be ready for installation. Upon receipt of the second FOC CLEC can request a different Due Date by submitting a supplemental order to change the Due Date to a later date. For UNEs that do not meet the requirements Section 9., Qwest will send CLEC a rejection notice canceling the LSR or ASR. Upon receipt of the rejection notice , CLEC may submit a request to build UNEs pursuant to Section 9.19 of this Agreement. 1.2.1.4 Qwest will p~ovide CLEC notification of major Loop facility builds through the ICONN database. This notification shall include the identification any funded outside plant engineering jobs that exceeds $100 000 in total cost the estimated Ready for Service Date, the number of pairs or fibers added , and the location of the new facilities (e., 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. Intentionally Left Blank. Intentionally Left Blank.1.4 Qwest will provide a connection between Unbundled Network Elements and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element and the ICDF or other Central Office Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shallbe: CLEC may connect Network Elements in any Technically Feasible manner. Qwest will provide CLEC with the same features , functions and capabilities of particular element or combinations of elements that Qwest provides to itself. Qwest will provide CLEC with all of the features and functionalities of a particular element or combination of elements (regardless of whether such combination of elements is ordered from Qwest in combination or as elements to be combined by CLEC), so that CLEC can provide any Telecommunications Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 142 Section 9 Unbundled Network Elements Services that can be offered by means of such element or combination of elements. Qwest will provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such elements to provide any Telecommunications Services. Qwest shall not in any way restrict 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. Except as set forth in Section 9., the UNE Combinations Section Qwest provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this paragraph are contained in Exhibit A to this Agreement. When elements are provisioned by Qwest on an individual element basis (whether or not such elements are combined by CLEC with other elements provided by Qwest or CLEC):a) Qwest will perform testing necessary or reasonably requested by CLEC to determine that such UNE is capable of meeting the technical parameters established for each UNE.b) Qwest will repair and maintain such element to ensure that UNE continues to meet the technical parameters established for each UNE. CLEC 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. 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 functionality of such combination. Installation intervals for Unbundled Network Elements are contained in Exhibit 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. 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 Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/1hdNycera/l 01 Agreements Number COS-050 126-0049 143 Section 9 Unbundled Network Elements limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect network Interoperability pursuant to applicable FCC rules. Changes that affect network Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits and new area code implementation. FCC rules are contained in CFR Part 51 and 52. Qwest provides such disclosures on an Internet web site.10 Channel Regeneration. Qwest's 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 Qwest'network. Cable distance limitations are based on ANSI Standard T1.1 02-1993 "Digital Hierarchy - Electrical Interface; Annex B. Exhibit A of this Agreement contains the rates for Unbundled Network Elements.12 Miscellaneous Charges are defined in the Definitions Section. Miscellaneous Charges are in addition to nonrecurring and recurring charges set forth in Exhibit A. Miscellaneous Charges apply to activities CLEC requests Qwest perform , activities CLEC authorizes , or charges that are a result of CLECs actions, such as cancellation charges. Rates for Miscellaneous Charges are contained in Exhibit A. Unless otherwise provided for in this Agreement, no additional charges will apply. Intentionally Left Blank. Unbundled Loops Description The Unbundled Loop is defined as a transmission facility between a distribution frame (or its equivalent) in a Qwest Central Office and the Loop Demarcation Point at an End User Customer s premises. The Unbundled Loop includes all features, functions, and capabilities such transmission facility. Those features, functions , and capabilities include, but are not limited , attached electronics (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 Loops. Loop Demarcation Point - For the 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. 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, a fiber optic cable whether dark or lit, that extends to the multiunit premises' minimum point of entry. 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 Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNyceraIlO/Agreements Number COS-050126-0049 144 Section 9 Unbundled Network Elements access to a FTTH loop as an Unbundled Network Element in any situation where Qwest deploys such a loop parallel to , or in replacement an existing copper loop facility. Notwithstanding the foregoing, where Qwest deploys a FTTH loop parallel or in replacement an existing copper loop facility: Qwest shall: (i) leave the existing copper loop connected to the End User Customer s premises after deploying the FTTH 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. Qwest'obligations under this subsection shall terminate when Qwest retires such copper Loop accordance with the provisions of Section 9.3 below. In the event Qwest in accordance with the provisions of Section 9.3 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.qwest.com/disclosures) 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 (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' rules: (i) a CLEC objection to a Qwest notice that it plans to replace any copper Loop or copper subloop with a FTTH 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 the filing, unless the FCC rules otherwise within that period. 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. Packet Switching Facilities, Features, Functions and Capabilities - Qwest is 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 Qwest Fourteen State Negotiations Template Version 1.50, October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 145 Section 9 Unbundled Network Elements subscriber line access multiplexers, including but not limited to the ability to terminate an End User Customer s 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. 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 transmissio~ path between Qwest's Central Office and an End User Customer s premises. This access shall include access to all features, functions and capabilities of the Hybrid Loop that are not used to transmit packetized information. Narrowband Services When CLEC seeks access to a Hybrid Loop for the provision of narrowband services , Qwest may either:a) Provide nondiscriminatory access , on an unbundled basis, to an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to DSO capacity), using time division multiplexing technology; orb) Provide nondiscriminatory access to a spare home-run copper loop serving that End User Customer on an unbundled basis. Terms and Conditions 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 Exhibit C and the performance metrics set forth in Section 20 and with a minimum of service disruption. Use of the word "capable" to describe Loops in Section 9. means that Qwest assures that the Loop meets the technical standards associated with the specified Network Channel/Network Channel Interface codes, as contained in the relevant technical publications and industry standards. Use of the word "compatible" to describe Loops in Section. 9. 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. Analog (Voice Grade) Unbundled Loops. Analog (voice grade) Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 146 Section 9 Unbundled Network Elements 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. If Qwest uses Integrated Digital Loop Carrier (IDLC) systems to provide the Unbundled Loop, Qwest will first attempt, to the extent possible, to make alternate arrangements such as Line and Station Transfers (LST), to permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not available, Qwest may also seek alternatives such as Integrated Network Access (INA), hair pinning, or placement of a Central Office terminal, to permit CLEC to obtain an Unbundled Loop. If no such facilities are available , Qwest will make every feasible effort to unbundle the IDLC in order to provide the Unbundled Loop for CLEC. In areas where Qwest has deployed amounts DLC that are sufficient to cause reasonable concern about CLEC' 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 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 Qwest's incremental costs to provide such information or access mediation. 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. Digital Capable Loops - Basic Rate (BRI) ISDN Capable Loops , 2/4 Wire Non-Loaded Loops , ADSL Compatible 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 transmission technologies including, but not limited metallic wire, metallic wire based digital Loop carrier, and fiber optic fed digital carrier systems. Qwest will provision digital Loops in a non-discriminatory manner, using the same facilities assignment processes that Qwest uses for itself to provide the requisite service. Digital Loops may use a single or multiple transmission technologies. DC continuity does not apply to digital capable Loops. If conditioning is required, then CLEC shall be charged for such conditioning as set forth in Exhibit A if it authorized Qwest to perform such conditioning. ntentionally Left Blank. If CLEC orders a 2/4 wire non-loaded or ADSL compatible 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 a LST or alternative copper facility. If no copper facility capable of supporting the requested service is available, then Qwest will reject the order. Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005I1hdNycera/IO/Agreements Number COS-050126-0049 147 Section 9 Unbundled Network Elements 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 (i.e., cable unloading and Bridged Taps removal), if applicable , in addition to the Unbundled Loop installation nonrecurring charge. 2.4.Where Qwest fails to meet a Due Date for performing Loop conditioning, CLEC shall be entitled to a credit equal to the amount of any conditioning charges applied , where it does not secure the Unbundled Loop involved within three (3) months of such Due Date. Where Qwest does not perform conditioning in accord with the standards applicable under this Agreement, CLEC shall be entitled to a credit of one-half (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 applic9ble to such Loop as this Agreement requires Qwest to deliver it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a credit of all conditioning charges, except where CLEC asks Qwest to cure any defect and Qwest does so. In the case of such cure, CLEC shall be entitled to the one-half (1/2) credit identified above. When CLEC requests a Basic Rate ISDN capable or an xDSL-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 order to bring the circuit to the specifications necessary to accommodate the requested service. If the circuit design requires Extension Technology, to bring it up to the design standards, it will be added by Qwest, at no charge. Extension Technology can also be requested by CLEC to meet 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-capable Loops using the specifications in the Technical Publication 77384. Refer to that document for more information. CLEC will be charged an Extension Technology recurring charge in addition to the Unbundled Loop recurring charge , if applicable, as specified in Exhibit A of this Agreement. The ISDN Capable Loop may also require conditioning (e.g:, removal of load coils or Bridged Taps). IntentionallyLeft Blank. Qwest is not obligated to provision BRI-ISDN , xDSL-1 capable, or ADSL- compatible Loops to End User Customers in areas served exclusively by Loop facilities or transmission equipment that are not compatible with the requested service. Loop Qualification Tools. Qwest offers five (5) Loop qualification tools: Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/lO/Agreements Number COS-050126-0049 148 Section 9 Unbundled Network Elements the ADSL Loop Qualification Tool , Raw Loop Data Tool POTS Conversion to Unbundled Loop Tool, MegaBit Qualification Tool, and ISDN Qualification Tool. These and any future Loop qualification tools Qwest develops will provide CLEC access to Loop qualification information in a nondiscriminatory manfler and will provide CLEC the same Loop qualification information available to Qwest. CLEC may request an audit Qwest's company records, back office systems and databases pertaining to Loop information pursuant to Section 18 of this Agreement. ADSL Loop Qualification Tool. CLEC may use the ADSL Loop Qualification tool to pre-qualify the requested circuit utilizing the existing telephone number or address to determine whether it meets ADSL specifications. The qualification process screens the circuit for compliance with the design requirements specified in Technical Publication 77384. 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., 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., 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. 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.8.4 MegaBit Qualification Tool. The MegaBit Qualification Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no answer regarding the Loop ability to support Qwest DSL (formerly MegaBit) service. If the MegaBit Qualification Tool returns a "" answer, it provides a brief explanation. 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. 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 if CLEC 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 Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/1hdNycera/lO/Agreements Number COS-050126-0049 149 Section 9 Unbundled Network Elements request, and Qwest will perform 'a manual search of the company s records , back office systems and databases where Loop information resides. Qwest will provide CLEC, via email, the Loop information identified during the manual search within forty-eight (48) hours of Qwest'receipt of CLEC's request for manual search. The email will contain the follo~ing 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 availability 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 will load the information into the Loop Facilities Assignment and Control System (LFACS) database, which will populate this Loop information into the fields in theLoop qualification tools. 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 of this Agreement. Testing parameters are described below and in Qwest Technical Publication 77384 Qwest Interconnection Service - Unbundled Loop. 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. For an existing End User Customer, the Basic Installation option is a ~'Iift and lay" procedure. The Central Office Technician (COT) "lifts" the Loop from its current termination and "lays" it on a new termination connecting to CLEC. There is no associated circuit testing performed. 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. For basic installation of existing 2/4 wire analog Loops Qwest provides a Quick Loop with or without Local Number Portability (LNP) option, that enables CLEC to receive the Quick Loop installation interval as set forth in Exhibit C. Quick Loop installation without LNP includes only a simple lift and lay procedure. Quick Loop with LNP installation provides a lift and lay, and the LNP functions. Quick Loop is not available with cooperative testing, coordinated installation, or when unbundling from an IDLC to a copper alternative. Basic Installation with Performance Testing. Basic Installation with Performance Testing may be ordered for new or existing Unbundled Loops. For an existing End User Customer Basic Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 150 Section , Unbundled Network Elements Installation with Performance Testing is a "lift and lay" procedure. The Central Office Technician (COT) "lifts" the Loop from its current termination and "lays" it on a new termination connecting CLEC. The COT and Implementor/Tester perform the required performance tests to ensure that the new circuit meets required parameter limits. The Qwest Implementor/Tester will read the test results to CLEC on close-out and email the performance test results within two (2) business days to a single , designated CLEC office email add ress. 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 Implementor/Tester on close-out. Within two (2) business days Qwest will email the performance test results to a single, designated CLEC office email address. Coordinated Installation With Cooperative Testing. Coordinated Installation With Cooperative Testing may be ordered for new or existing service. For both new and existing service, CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at 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 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 ot the scheduled Appointment Time Qwest will waive the nonrecurring charge for the installation option , and the Parties will attempt to set a new appointment for the same day. If Qwest fails to perform cooperative testing due to Qwest's fault, Qwest will waive the nonrecurring charge for the installation option. If CLEC still desires cooperative testing, the Parties will attempt to set a new Appointment Time on the same day and , if unable to do so, Qwest will issue a jeopardy notice and a FOC with a new Due Date. 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 Office and performs testing that CLEC requests. Upon completion 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. For new End User Customer service, Coordinated Installation With Cooperative Testing may require a dispatch of technician to the End User Customer premises. The COT and Field Qwest Fourteen State Negotiations Template Version 1.50, October 18 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 151 Section 9 Unbundled Network Elements Technician complete circuit wiring and perform the required performance tests to ensure that the new circuit meets required parameter limits. Upon completion of Qwest performance testing, the Qwest Implementor/Tester will contact CLEC, read the Qwest test results, and begin CLEC cooperative testing. Within two (2) business days, Qwest will email the Qwest test results to a single ' designated CLEC office email address. CLEC will be charged for any Provisioning test not defined in the Qwest Technical Publication 77384.9.4 Coordinated Installation Without Cooperative Testing. Coordinated Installation Without Cooperative Testing may be ordered for new or existing service. For both new and existing service, CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at 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. 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. 9.4.For an existing Unbundled Loop this Coordinated Installation Without Cooperative Testing is a "lift and lay" procedure without a dispatch that offers CLEC the ability to coordinate the conversion activity. The Qwest Implementor advises CLEC when the "lift and lay" procedure is complete. 9.4.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 perform the coordinated installation once the circuit is in place. The COT completes the installation in the Central Office, and the COT and Implementor/Tester complete the required performance tests to en$ure that the new circuit meets required parameter limits. CLEC will not receive test results. When installation is complete Qwest will notifyCLEC. Basic Installation With Cooperative Testing. Basic Installation With Cooperative Testing may be ordered for new or existing Unbundled Loops. 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 will email the Qwest test results to a single, designated CLEC office email address. CLEC and Qwest will perform a loop back acceptance test accept the Loop and exchange demarcation information. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 152 Section 9 Unbundled Network Elements 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. If Qwest fails to perform cooperative testing due to Qwest's fault, Qwest will waive the nonrecurring charge for the installation option. If CLEC still desires cooperative testing, the Parties will attempt to set a new Appointment Time on the same day and , if unable to do so Qwest will issue a jeopardy notice and a FOC with a new Due Date. 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 -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 -5 dB at 1004 Hz Automatic Number Identification (ANI) when dial-tone is present c) Basic Rate ISDN and xDSL-Capable Loops No Load Coils, Opens , Grounds , Shorts , or Foreign Volts Insertion Loss = ~ 40 dB at 40 kHz Automatic Number Identification (ANI) when dial-tone is present d) ADSL-Compatible Loops No Load Coils , Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = ~ 41 dB at 196 kHz Automatic Number Identification (ANI) when dial-tone is present Project Coordinated Installation: Project Coordinated Installation permits CLEC to obtain a coordinated installation for Unbundled Loops with or without LNP, where CLEC orders twenty-five (25) or more DSO Unbundled Loops. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 . 1-26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 153 Section 9 Unbundled Network Elements The date and time for the Project Coordinated Installation requires up-front planning and may need to be negotiated between Qwest and CLEC. All requests will be processed on a first come , first served basis and are subject to Qwest'ability to meet a reasonable demand. Considerations such as system down time , Switch upgrades , Switch maintenance , and the possibility of other CLECs requesting the same 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 (FOC). In special cases where CLEC is ordering Unbundled Loop with LNP, the FDT must be agreed upon , the interval to reach agreement will not exceed two (2) days from receipt of an accurate LSR. In addition; standard intervals will apply. 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 the LSR form. CLEC will incur additional charges for the Project Coordinated Installation dependent upon the coordinated time. The rates are based upon whether the request is within Qwest's normal business hours or Out Of Hours. Qwest normal business hours for Unbundled Loops are 8:00 a.m. to 5:00 p., Monday through Friday. The rates for coordinated installations are set forth in Exhibit A. Where LNP included , see Section 10.5.4 for rate elements.7.4 Qwest will schedule the appropriate number 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'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 of the negotiated FDT, CLEC will be charged a one (1) Person three (3) hour minimum charge. For Project Coordinated Installations with LNP, if the Coordinated Installation is cancelled due to a Qwest error or a new Due Date is requested by Qwest, within twenty-four (24) hours of the negotiated FDT , Qwest may be charged by CLEC one (1) Person three (3) hour minimum charge as set forth in Exhibit A. 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. CLEC is in error then a supplemental order shall be provided to Qwest. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/l 01 Agreements Number COS-050126-0049 154 Section 9 Unbundled Network Elements Qwest is in error, no supplemental order or additional order will be required of CLEC. If CLEC orders Project Coordinated Installation with LNP, Qwest shall ensure, that any LNP order activity requested conjunction with a Project Coordinated Installation shall be implemented in a manner that avoids interrupting service to the End User Customer. The Batch Hot Cut Installation. The Batch Hot Cut (BHC) installation option permits CLEC to migrate defined existing analog services to a two or four (2/4) wire analog Unbundled Loop in those instances where facilities can be reused without requiring a field technician dispatch. Existing analog services 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 coordinated provisioning options for Unbundled Loops are not available when using the BHC process. The BHC process is available to migrate to Unbundled Loops from the following services whether they be in Qwest retail, Qwest resale, or Qwest UNE-formats: Residential POTS Business POTS , Centrex 21 , Centrex Plus/Centron , Analog DID and public access lines. The BHC is also available to convert line split loop as defined in Section 9.21 using a UNE-P line to a loop splitting arrangement. 2.2.The BHC must be for a minimum of twenty-five (25) Unbundled Loops per CLEC per Central Office (CO) and a maximum one hundred (100) Unbundled Loops among all CLECs per CO per day with a region-wide (14 states) maximum of two-thousand five hundred 500) Unbundled Loops per day. Volumes will be monitored by Appointment Scheduler. The BHC option is available on Qwest business days between 3:00 a.m. and 11 :00 a., local time Monday through Friday.8.4 Before CLEC submits any orders for Unbundled Loops using the BHC process, CLEC and Qwest 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 Qwest. The jointly developed CLEC migration plan will be assigned priority bases upon its creation date in the event multiple CLECs contend for batch hot cuts in similar geographies and exceed volume thresholds as defined above. Upon mutual agreement the priority assigned to all or part of the jointly developed CLEC migration plan may change. In such event, Qwest will coordinate with all parties to create an overall migration plan that considers everyone priorities and expectations. 8.4.If CLEC and Qwest are unable to reach a Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 155 Section 9 Unbundled Network Elements 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. 8.4.2 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 come , 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. 8.4.. Requests beyond the Central Office or the region-wide maximum volume will be scheduled for the next available Due Date. 8.4.If CLEC is unable to reach volume 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 installation options for each individual request. CLEC specific LSR entries and processes can befound in the BHC Business Procedural PCA at: http://www.Qwest.com/wholesale/pcatlinterconnection. htm The provisioning interval for the BHC is seven (7)business days and can be found in the SIG: www://www.qwest.com/whoiesale/guides/siglindex.htmi. If a 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. 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 and require CLEC to supplement the LSR to establish a new Due Date and/or a new installation option. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 156 Section 9 Unbundled Network Elements 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. Existing analog services provisioned over Integrated Digital Loop Carrier (IDLC) are not eligible for the BHC process already defined because a dispatch of field technician would be required. However, a modified IDLC BHC process can be used transition analog services currently provisioned over IDLC , and should be identified and designated as such by the CLEC using one of Qwest's loop qualification tools. In those circumstances, the modified IDLC batch will consist of no more than forty (40) IDLC lines per state per day. This is a cumulative total for alllDLC cuts for all CLECs. The Batch Status Tool , deployed on October 18 2004 is available to provide CLEC with the current status of its BHC requests for any given central office on an individual line-by-line basis. The Batch Status Tool will return a display that will list status changes on BHC orders occurring for that day. CLECs are responsible to capture the conversion in order to request the associated number porting. 2.2.CLEC must use the Batch Status Tool and Appointment Scheduler to utilize the BHC process. 2.2.The modified IDLC batch process presently excluded from batch scheduling and statusing tools. However, modified DLC conversions will be handled on an exception basis using the manual methods until systems modifications and enhancements are in place. The modified IDLC batch process will have separate nonrecurring rates associated with the provisioning process. ntentionally Left Blank.11 In order to properly maintain and modernize the network Qwest may make necessary modifications and changes to Unbundled Loops , ancillary and Finished Services in its network on an as needed basis. Such changes may result in minor changes to transmission parameters. Changes that affect network Interoperability require advance notice pursuant to the Notices Section of this Agreement.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 will advise the End User Customer to contact CLEC , and Qwest will initiate contact with CLEC.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 awest. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 157 Section 9 Unbundled Network Elements Qwest shall have reasonable access to all such facilities for network management purposes. Qwest will coordinate entry dates and times with appropriate CLEC personnel to accommodate testing, inspection repair and maintenance of such facilities and lines. CLEC will not inhibit Qwest's employees and agents from entering said premises to test inspect, repair and maintain such facilities and lines in connection with such purposes or upon termination or cancellation of the Unbundled Loop service, to remove such facilities and lines. Such entry is restricted to testing, inspection , repair and maintenance Qwest's property in that facility. Entry for any other purpose is subject to audit provisions in the Audit section of this Agreement. Intentionally Left Blank. Reuse of Loop Facilities 15.When an End User Customer contacts Qwest with a request to convert their local service from CLEC to Qwest, Qwest will notify CLEC of the loss of the End User Customer, and will disconnect the Loop Qwest provided to CLEC. Qwest will disconnect the Loop only where Qwest has obtained proper Proof of Authorization. 15.When CLEC contacts Qwest with a request to convert an End User Customer from their Current Service Provider to CLEC CLEC is responsible 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 requested by CLEC (e., resale service). 15.When CLEC contacts Qwest with a request to convert an End User Customer from Qwest to CLEC, at CLEC request, Qwest will reuse the existing Loop facilities for the service requested by CLEC to the extent those facilities are technically compatible with the service to be provided. Upon CLEC request, Qwest will condition the existing Loop in accordance with the rates set forth in Exhibit A. 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.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 facilities 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 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. Rate Elements The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A this Agreement. Recurring charges vary based on CLEC selected installation options Qwest Fourteen State Negotiations Template Version 1.50, October 18 , 2004 26-2005I1hdNycera/IO/Agreements Number COS-050126-0049 158 Section 9 Unbundled Network Elements conditioning, and extension technology. 2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates. 2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates. Basic Rate (BRI) ISDN ADSL Compatible Loop and xDSL-1 Capable Loop Recurring and Nonrecurring rates. DSO Capable Loop Conversion Nonrecurring rates associated with the conversion of special access or private lines to Unbundled Loops.3.4 Extension Technology Recurring and Nonrecurring rates for Digital Capable Loops, including Basic Rate (BRI) ISDN and xDSL-Capable Loops. Conditioning Nonrecurring rates 2/4 wire non-loaded Loops, Basic Rate (BRI) ISDN ADSL Compatible Loop and xDSL-1 Capable Loop, as requested and. approved by CLEC. Miscellaneous Charges, as defined in Sections 4 and 9., may apply. Out of Hours Coordinated Installations. For purposes of service installation, Qwest'installation hours are 8:00 a.m. to 5:00 p., Monday through Friday. Intentionally Left Blank. ntentionally Left Blank. 7.4 Intentionally Left Blank. For coordinated installations scheduled to commence Out Hours, or rescheduled by CLEC to commence Out of Hours , CLEC will incur additional charges for the Out of Hours coordinated installation as set forth in Exhibit A. Ordering Process 2.4.Unbundled Loops are ordered via an LSR. Ordering processes are contained in the Operational Support Systems Section of this Agreement. Detailed ordering processes are found on the Qwest wholesale web site. 2.4.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. 2.4.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. 2.4.Before submitting an order for a 2/4 wire non-loaded Loop, ADSL compatible Loop, ISDN capable Loop or xDSL-1 capable Loop, CLEC should use one of Qwest's Loop make-up tools available via IMA-EDI , IMA-GUI Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 159 Section 9 Unbundled Network Elements or the web-based application interface to obtain specific information about the Loop CLEC seeks to order. 2.4.Based on the Loop make up information provided through Qwest tools CLEC must determine whether conditioning is required to provide the xDSL service it intends to offer. If Loop conditioning is required CLEC may authorize Qwest to perform such Loop conditioning on its LSR. If CLEC does not pre-approve Loop conditioning, Qwest will assume that CLEC has determined that Loop conditioning is not necessary to provide the xDSL service CLEC seeks to offer. If CLEC or Qwest determines that conditioning is necessary, and CLEC authorizes Qwest to perform the conditioning, Qwest will perform the conditioning. CLEC will be charged for the conditioning in accordance with the rates in Exhibit A. If Qwest determines that conditioning is necessary and CLEC has not previously authorized Qwest to perform the conditioning on the LSR, Qwest will send CLEC a rejection notice indicating the need to obtain approval for conditioning. 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. 2.4.For a 2/4 wire non-loaded Loop, ADSL compatible Loop, ISDN capable Loop, and xDSL-capable Loop, Qwest will return a Firm Order Confirmation (FOC) to CLEC within seventy-two (72) hours from receipt of valid and accurate LSR. Return of such FOC will indicate that Qwest has identified a Loop assignment. Such FOC will provide CLEC with a firm Due Date commitment or indication that appropriate facilities are not available to fill CLEC's order. 2.4.If CLEC has pre-approved Loop conditioning, and conditioning is not necessary, Qwest will return the FOC with the standard interval (i.e. five (5) days). 2.4.If CLEC has not pre-approved Loop conditioning and Qwest determines that the Loop contains load coils , Qwest will notify CLEC via a reject notification. CLEC must submit a new version of the LSR approving Loop conditioning. this scenario, the Application Date will correspond to the date the new version is received by Qwest. 2.4.ntentionally Left Blank. 2.4.2.4 Intentionally Left Blank. 2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C. The interval will start when Qwest receives a complete and accurate LSR. The LSR date is considered the start of the service interval if the order is received prior to 7:00m. For service requests received after 7:00 p., the service interval will begin on the next business day. 9.2.4.4.When CLEC places an order for an Unbundled Loop with Qwest Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/ Agreements Number COS-050126-0049 160 Section 9 Unbundled Network Elements that is complete and accurate Qwest will reply to CLEC with a Firm Order Confirmation within the time specified in Section 20. The Firm Order Confirmation will contain the Due Date that specifies the date on which Qwest will provision the Loop. Qwest will implement adequate processes and procedures to assure the accuracy of the commitment date. If Qwest must make changes to the commitment date , Qwest will promptly issue jeopardy notification to CLEC that will clearly state the reason for the change commitment date. Qwest will also submit a new Firm Order Confirmation that will clearly identify the new Due Date. 2.4.Installation intervals for Unbundled Loops apply when Qwest has facilities or network capacity available. 2.4.Upon CLEC request, Qwest will convert special access or private line circuits to Unbundled Loops, with or without multiplexing, provided the service originates at CLEC's Collocation in the Serving Wire Center. 2.4.ntentionally Left Blank. 2.4.When ordering Unbundled Loops, CLEC is responsible for obtaining or providing facilities and equipment that are compatible with the service CLEC seeks to provide. 2.4. the Loop. The installation interval for xDSL Loops depends on the need to condition 2.4.When load coils and Bridged Taps do not exist CLEC may request the standard Due Date interval , which will apply upon submission of complete and accurate LSR. 2.4.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. 2.4.Out of Hours Coordinated Installations. 2.4.10.For purposes of this Section, Qwest's standard installation hours are 8:00 a.m. to 5:00 p.Monday through Friday. Installations requested outside of these hours are considered to be Out of Hours Installations. 2.4.10.CLEC may request an Out of. Hours Coordinated Installation outside of Qwest's standard installation hours. , 9.2.4.10.To request Out of Hours Coordinated Installations CLEC will submit an LSR designating the desired appointment time. CLEC must specify Out of Hours Coordinated nstallation in the Remarks section of the LSR. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 161 Section 9 Unbundled Network Elements 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 ). Maintenance and Repair 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 Qwest's network. Qwest and CLEC will report trouble isolation test results to the other. For Unbundled Loops, each Party shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 9.2 and 9. When CLEC requests that Qwest perform trouble isolation with CLEC, a Maintenance of Service charge will apply if the trouble is found to be on the End User Customer s side of the Loop Demarcation Point. If the trouble is on the End User Customer s side of the Loop Demarcation Point, and CLEC authorizes Qwest to repair the trouble on CLEC's behalf, Qwest will charge CLEC the appropriate Additional Labor Charges set forth in Exhibit A in addition to the Maintenance of Service charge. When CLEC elects not to perform trouble isolation and Qwest performs tests on the Unbundled Loop at CLEC's request, a Maintenance of Service charge shall apply if the trouble is not in Qwest's facilities. Maintenance and Repair processes are set forth in Section 12.of this Agreement. Maintenance of Service charges are set forth in Exhibit A.5.4 Qwestwill 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. 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. Spectrum Management Qwest will provide 2/4 Wire non-loaded Loops, ADSL compatible Loops ISDN capable Loops, and xDSL-I-capable Loops (collectively referred to in this Section 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 Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 162 Section 9 Unbundled Network Elements 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. 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. CLEC information provided to Qwest pursuant to Section 9. shall be deemed Confidential nformation and Qwest may not distribute, disclose or reveal, in any form, this material other than as allowed and described in subsections of The Parties may disclose , on a need to know basis only, CLEC Confidential Information provided pursuant to Section 9., to legal personnel if a legal issue arises , as well as to network and growth planning personnel responsible for spectrum management functions. In no case shall the aforementioned personnel who have access to such Confidential Information be involved in Qwest's retail marketing, sales or strategic planning. 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 service6.4 Qwest recognizes that the analog T1 service traditionally used within its network is a "known Disturber" as designated by the FCC. Qwest will place such T1 s by whomever employed, within binder groups in a manner that minimizes interference. Where such placement is insufficient to eliminate interference that disrupts other services being provided , Qwest shall, whenever it is Technically Feasible, replace its 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. If either Qwest or CLEC claims a service is significantly degrading the performance of other Advanced Services or traditional voice band services, then that Party must notify the causing Carrier and allow the causing Carrier a reasonable opportunity to correct the problem. Upon notification, the causing Carrier shall promptly take action to bring its facilities/technology into compliance with industry standards. Upon request, within forty-eight (48) hours, Qwest will provide CLEC with binder group information including cable, pair, Carrier and PSD class to allow CLEC to notify the causing Carrier. 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 Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 163 Section 9 Unbundled Network Elements by pair analysis and provide results to CLEC within five (5) business days. Intentionally Left Blank. 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. of this Agreement. Where CLEC demonstrates to Qwest that it has deployed Central Office based DSL services serving a reasonably defined area , it shall be entitled to require Qwest to take appropriate measures to mitigate the demonstrable adverse effects on such service that arise from Qwest's use of repeaters or remotely deployed DSL service in that area. It shall be presumed that the costs of such mitigation will not be chargeable to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this presumption , which it may do by demonstrating to the Commission by a preponderance of the evidence that the incremental costs of mitigation would be sufficient to cause a substantial effect upon other Customers (including but not limited to CLECs securing UNEs) if charged to them. Upon such a showing, the Commission may determine how to apportion responsibility for those costs, including, but not limited to CLECs taking services under this Agreement. Subloop Unbundling Description 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 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 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 the pole, pedestal Network Interface Device minimum point of entry, single point of Interconnection Remote Terminal , Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not have access on an unbundled basis to a feeder subloop defined as facilities extending from the Central Office to 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 a complete transmission path, not a subloop, between the Central Office and the End User Customer s premises or MTE. Building terminals within or physically attached to privately owned building in a Multiple Tenant Environment (MTE) are one form 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. For any configuration not specifically addressed in this Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 164 Section 9 Unbundled Network Elements Agreement, the conditions of CLEC access shall be as required by the particular circumstances. These conditions include: (1) the degree of equipment separation required, (2) the need for separate cross connect devices, (3) the interval applicable to any Collocation or other provisioning requiring Qwest performance or cooperation , (4) the security required to maintain the safety and reliability of the facilities of Qwest and other CLECs , (5) the engineering and operations standards and practices to be applied at Qwest facilities where they are also used by CLECs for Subloop element access , and (6) any other requirements, standards, or practices necessary to assure the safe and reliable operation of all Carriers' facilities. Any Party may request , under any procedure provided for by this Agreement for addressing non-standard services or network conditions, the development of standard terms and conditions for any configuration(s) for which it can provide reasonably clear technical and operational characteristics and parameters. Once developed through such a process, those terms and conditions shall be generally available to any CLEC for any configuration fitting the requirements established through such process.1.4 Prior to the develQpment of such standard terms and conditions Qwest shall impose in the six (6) areas identified in Section 9.2 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. 1.4.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. 1.4.Detached Terminals: All accessible terminals other than MTE Terminals. Standard Subloops available. Two-Wire/Four Wire Unbundled Distribution Loop ntentionally Left Blank Two-Wire/Four Wire Non-loaded Distribution Loop Intrabuilding Cable Loop Standard Subloop Access Accessing Subloops in Detached Terminals: Subloop unbundling is available after a CLEC-requested Field Connection Point (FCP) Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 165 Section 9 Unbundled Network Elements 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. Accessing Subloops in MTE Terminals: Subloop unbundling is available after CLEC has notified Qwest of its intention to Subloop unbundle in the MTE , during or after an inventory of CLEC's terminations has been created and CLEC has constructed a cross connect field at the building terminal. 1.4 Field Connection Point 1.4.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. 1.4.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. 1.4.The terms , conditions, intervals and rates for Cross Connect Collocation are found within Section 9. 1.4.To the extent that CLEC places equipment in a Qwest Premises that requires power and or heat dissipation , such Collocation is governed by the terms of Section 8 and does not constitute a Cross Connect Collocation. 1.4.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 will not have access to the FCP Interconnection point. MTE Point of Interconnection (MTE-POI) A MTE-POI is necessary when CLEC is obtaining access to the Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must create the cross connect field at the building terminal that will allow CLEC to connect its facilities to Qwest's Subloops. The Demarcation Point between CLEC and Qwest's facilities is the MTE-POI. Once a state has determined that it is Technically Feasible to unbundle Subloops at a designated accessible terminal , Qwest shall either agree to unbundle at such access point or shall have the burden to demonstrate , pursuant to the Dispute Resolution provisions of this Agreement, that it is not Technically Feasible, or that sufficient space is not available to unbundle Subloop elements at such accessible terminal. Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 166 Section 9 Unbundled Network Elements Qwest shall provide access to additional Subloop elements, e.g. copper feeder, to CLEC where facilities are available pursuant to the Special Request Process in Exhibit F. Standard Subloops Available Distribution Loops 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 services. CLEC can obtain access to this Unbundled Network Element at any Technically Feasible accessible terminal. 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 (i. , " 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. 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.1.4 To the extent CLEC accesses Subloop in a campus environment from an accessible terminal that serves multiple buildings , CLEC can access the Subloop by ordering a Distribution Loop pursuant to either Section 9.1 or 9.2. A campus environment is one piece of property, owned by one (1) Person or entity, on which there are multiple buildings. ntentionally Left Blank. Intentionally Left Blank. MTE Terminal Subloop Access: Terms and Conditions 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 Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005I1hdNycera/l 01 Agreements Nu mber COS-050126-0049 167 Section 9 Unbundled Network Elements Connect Collocation , as defined in Section 9., refers to creation of a cross connect field and does not constitute Collocation as defined in Section 8. The terms and conditions Section 8 do not apply to Cross Connect Collocation if required at or near an MTE. To obtain such access, CLEC shall complete the "MTE-Access Ordering Process" set forth in Section 9.5.4. The optimum point and method to access Subloop elements will determined during the MTE Access Ordering Process. The Parties recognize a mutual obligation to interconnect in a manner that maintains network integrity, reliability, and security. CLEC may access the MTE Terminal as a test access point.3.4 CLEC will work with the MTE building owner to determine where to terminate its facilities within the MTE. CLEC will be responsible for all work associated with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek to work with the building owner to create space for such terminations without requiring Qwest to rearrange its facilities. If there is space in the building for CLEC to enter the building and terminate its facilities without Qwest having to rearrange its facilities, CLEC must seek to use such space. I n such circumstances, an inventory of CLEC's terminations within the MTE shall be input into Qwest's systems to support Subloop orders before Subloop orders are provisioned or in conjunction with the first Subloop order in the MTE. If CLEC requires immediate access to the Subloop, then CLEC may access the Subloop element prior to the completion of the inventory per Section 9.5.4.7. Qwest shall have five (5) calendar Days from receipt of a written request from CLEC , in addition to the interval set forth in Section 9.5.4., 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 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 9.5.4. If CLEC connects Qwest's Subloop element to CLEC's facilities using any temporary wiring or cut-over devices CLEC shall remove any remaining temporary wiring or cut-over devices and install permanent wiring within ninety (90) calendar Days. All wiring arrangements, temporary and permanent, must adhere to the National Electric Code. 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 Qwes~ 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. Qwest'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 SPOt. In such inst~nces, CLEC shall pay Qwest a nonrecurring charge, which shall be Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 168 Section 9 Unbundled Network Elements ICB, based on the scope of the work required. If CLEC requests that a new SPOI be established, then CLEC shall pay Qwest a nonrecurring charge that shall be ICB , based on the scope of the work required. If the MTE Terminal is hard wired in such a manner that a network Demarcation Point cannot be created, Qwest will rearrange the terminal to create a cross connect field and Demarcation Point. Charges for such rearrangement shall be recovered through recurring termination charges. If Qwest must rearrange its MTE Terminal to make space for CLEC, Qwest shall have forty-five (45) calendar Days from receipt of a written request from CLEC to complete the rearrangement. Qwest may seek extended interval if the work cannot reasonably be completed within forty-five (45) calendar Days. In such cases , Qwest shall provide written notification to CLEC of the extended interval Qwest believes is necessary to complete the work. CLEC may dispute the need for, and the duration an extended interval in which case Qwest must request a waiver from the Commission to obtain an extended interval. 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. 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. At no time shall either Party rearrange the other Party s facilities within the MTE or otherwise tamper with or damage the other Party s facilities within the MTE. This does not preclude normal rearrangement of wiring or jumpers necessary to connect inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE Access Protocol. If such damage accidentally occurs, the Party responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. Detached Terminal Subloop Access: Terms and Conditions 3.4.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. 3.4.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. 3.4.Field Connection Point Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/1hdNycera/lO/Agreements Number COS-050126-0049 169 Section 9 Unbundled Network Elements 3.4.Qwest is not required to build additional space for CLEC to access Subloop elements. When Technically Feasible , Qwest shall allow CLEC to construct its own structure adjacent to Qwest's accessible terminal. CLEC shall obtain any necessary authorizations or rights of way required (which may include obtaining access to Qwest rights of way, pursuant to Section 10.of this 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 responsibility of CLEC to resolve with the municipality, utility, property owner or other third party. 3.4.The optimum point and method to access Subloop elements will be determined during the Field Connection Point process. The Parties recognize a mutual obligation to interconnect in a manner that maintains network integrity, reliability, and security. 3.4.CLEC must identify the size and type of cable that will be terminated in the Qwest FCP location. Qwest will terminate the cable in the Qwest accessible terminal if termination capacity is available. If termination capacity is not available, Qwest will expand the FDI at the request of CLEC if Technically Feasible, all reconfiguration costs to be borne by CLEC. In this situation only, Qwest shall seek to obtain any necessary authorizations or rights of way required to expand the terminal. It will be the responsibility of Qwest to seek to resolve obstacles that Qwest may encounter from cities, counties electric power companies, property owners and similar third parties. The time it takes for Qwest to obtain such authorizations or rights of way shall be excluded from the time Qwest is expected to provision the Collocation. CLEC will be responsible for placing the cable from the Qwest FCP to its equipment. Qwest will perform all of the initial splicing at the FCP. 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. 3.4.If the Parties are unable to reach an agreement on the design the FCP through the Field Connection Point Process , the Parties may utilize the Dispute Resolution process pursuant to the Dispute Resolution Section of this 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. 3.4.4 At no time shall either Party rearrange the other Party s facilities within the accessible terminal or otherwise tamper with or damage the other Party s facilities. If such damage accidentally occurs, the Party responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 170 Section 9 Unbundled Network Elements Ordering/Provisioning All Subloop Types CLEC may order Subloop elements through the Operational Support Systems described in Section 12. CLEC shall identify Subloop elements by NC/NCI codes. This information shall be kept confidential and used solely for spectrum management purposes. Additional Terms for Detached Terminal Subloop Access CLEC may only submit orders for Subloop elements after the FCP is in place. The FCP shall be ordered pursuant to Section 9.5. CLEC will populate the LSR with the termination information provided at the completion of the FCP process.2.2 Qwest shall dispatch a technician to run a jumper between its Subloop elements and CLEC's Subloop elements. CLEC shall not at any time disconnect Qwest facilities or attempt to run a jumper between its Subloop elements and Qwest's Subloop elements without specific written authorization from Qwest. Once the FCP is in place , the Subloop Provisioning intervals contained in Exhibit C shall apply. ntentionally Left Blank.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access Ordering Process 5.4.CLEC shall notify its account manager at Qwest in 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) calendar Days to notify CLEC and the MTE owner whether Qwest believes it or the MTE owner owns the intrabuilding cable. In the event that there has been 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 the MTE owner that such owner owns the facilities on the End User Customer side of the terminal , the preceding ten (10) Day period shall be reduced to five (5) calendar Days from Qwest's receipt of such claim. 5.4.If Qwest fails to respond to an MTE Ownership Request, or fails to make a determination of ownership or control of on- premises wiring as provided in Section 9.5.4.1 above within ten (10) days after CLEC submits an MTE Ownership Request, or if ownership or control of on-premises wiring is otherwise unclear or disputed, Qwest will not prevent or in any way delay CLEC's use of the on-premises wiring to meet an End User Customer request for service. After CLEC has Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/lO/Agreements Number COS-050126-0049 171 Section 9 Unbundled Network Elements commenced use of the on-premises wiring and if Qwest demonstratesthat the facility used by CLEC is on-premises wiring, or such determination is made pursuant to Dispute Resolution , CLEC will compensate Qwest for the use of such on-premises wiring, according to rates set forth in this Agreement, on a retroactive basis from the date when Qwest demonstrates compliance with Sections 9.2 and 9. 5.4.If the MTE owner owns the facilities on the Custome.r 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. 5.4.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 shall begin. 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. 5.4.If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a technician to run a jumper between its Subloop elements and Qwest's Subloop elements to make a connection at the MTE-POI in accordance with the MTE Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop elements and Qwest's Subloop elements to make a connection at the MTE-POI. CLEC , at its option, may request that Qwest run the jumper for intrabuilding cable in MTEs when the inventory is done and a complete LSR has been submitted. 5.4.When CLEC accesses a MTE Terminal it shall employ generally accepted best engineering practices in accordance with industry standards. CLEC shall clearly label the cross connect wires it uses. CLEC wiring will be neatly dressed. When CLEC accesses Subloops in MTE Terminals, it shall adhere to Qwest's Standard MTE 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 Qwest's Standard MTE Access Protocol Qwest shall negotiate with CLEC promptly and in good faith toward that end. 5.4.Once inventory is complete and , if necessary, the facilities are rearranged and or a new facility constructed and when Qwest runs the jumper the Subloop Provisioning intervals contained in Exhibit C shall apply. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1 hdNycera/l 0/ Ag reements Number COS-050 126-0049 172 Section 9 Unbundled Network Elements 5.4.For access to Qwest's on-premises MTE wire as a Subloop element, CLEC shall be required to submit an LSR , but need not include thereon the circuit-identifying information or await completion of LSR processing by Qwest before securing such access. Qwest shall secure the circuit-identifying information , and will be responsible for entering it on the LSR when it is received. Qwest shall be entitled to charge for the Subloop element as of the time of LSR submission by CLEC. FCP Ordering Process 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. After construction of the FCP and Collocation are complete CLEC will be notified of its termination location , which will be used for ordering Subloops. 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: 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. A Cross Connect Collocation in a detached terminal shall be provisioned within ninety (90) calendar Days from receipt of a written request by CLEC. If Qwest denies a request for Cross Connect Collocation in a Qwest Premises due to space limitations Qwest shall allow CLEC representatives to inspect the entire Premises escorted by Qwest personnel within ten (10) calendar Days of CLECs receipt of the denial of space, or a mutually agreed upon date. Qwest will review the detailed space plans (to the extent space plans exist) for the Premises with CLEC during the inspection , including Qwest reserved or optioned space. Such tour shall be without charge to CLEC. after the inspection 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. 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.1.4 Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 173 Section 9 Unbundled Network Elements construction activities and payment of the remaining nonrecurring charge, Qwest will schedule with CLEC an inspection of the FCP with CLEC if requested. Upon completion of the Acceptance inspection, CLEC will be provided the assignments and necessary ordering information. With prior arrangements , CLEC can request testing of the FCP at the time of the Acceptance inspection. If Qwest, despite its best efforts, including notification through the contact number on the Cross Connect Collocation Application , is unable to schedule the Acceptance inspection with CLEC within twenty-one (21) calendar Days of the RFS, Qwest shall activate the applicable charges. 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 extended interval , in which case Qwest must request a waiver from the Commission to obtain an extended interval. Rate Elements 6.4 All Subloop Types Subloop Recurring Charge - CLEC will be charged a monthly recurring charge pursuant to Exhibit A for each Subloop ordered by CLEC. Subloop Trouble Isolation Charge - CLEC will be charged Trouble Isolation Charge pursuant to the Access to OSS - Maintenance and Repair Section when trouble is reported but not found on the Qwest facility. Intentionally Left Blank. Additional rates for Detached Terminal Subloop Access: Cross Connect Collocation Charge: CLEC shall pay the full nonrecurring charge for creation of the Cross Connect Collocation set forth in Exhibit A upon submission of the Collocation Application. The FCP Request Form shall not be considered completed in its entirety until complete payment is submitted to Qwest. Any Remote Collocation associated with a FCP in which CLEC will install equipment requiring power and/or heat dissipation shall be accordance with the rate elements set forth in Section 8. Subloop Nonrecurring Jumper Charge: CLEC will be charged a nonrecurring basic installation charge for Qwest running jumpers within the accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC. Additional Rates for MTE Terminal Subloop Access Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/IO/ Agreements Number COS-050126-0049 174 Section 9 Unbundled Network Elements 6.4.Subloop Nonrecurring Charge - CLEC will be charged a nonrecurring charge for the time and materials required for Qwest to complete the inventory of CLEC's facilities within the MTE such that Subloop orders can be submitted and processed. 6.4.Subloop Nonrecurring Jumper Charge If CLEC ordered a Subloop type other than Intrabuilding Cable Loop, CLEC will be charged nonrecurring basic installation charge for Qwest running jumpers within the accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC. Repair and Maintenance 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. 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. Intentionally Left Blank Network Interface Device (NID) Description The Qwest NID is defined as any means of Interconnection of on-premises wiring and Qwest' distribution plant, such as a cross connect device used for that purpose. Specifically, the NID is a single line termination device or that portion of a multiple line termination device required to terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a 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 Qwest's NID , or at any other Technically Feasible point. The NID carries with it all features , functions and capabilities of the facilities used to connect the Loop distribution plant to the End User Customer s premises wiring, including access to the Cross Connection field, regardless of the particular design of the NID mechanism. Although the NID provides 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 Qwest's NID, as well as any on premises wiring that Qwest owns or controls will remain in place and continue to carry the signal over the 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: 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 wiring termination, and a modular plug which connects Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 175 Section 9 Unbundled Network Elements the inside wire to the distribution plant or dial tone source. The non-modular NID is a protector block with the inside wire terminated directly on the distribution facilities. Smart NID - To the extent Qwest has deployed "smart" devices general meaning a terminating device that permits the service provider to isolate the Loop facility from the premises wiring for testing purposes , and such devices have spare functioning capacity not currently used by Qwest or any other provider Qwest shall provide unbundled access to such devices. Qwest shall also continue to allow CLEC, at its option, to use all features and functionality of the Qwest NID including any protection mechanisms , test capabilities , or any other capabilities now existing or as they may exist in the future regardless of whether or not CLEC terminates its own distribution facility on the NID. 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. Terms and Conditions 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 9.1. If CLEC is a facilities-based provider up to and including its NID, the Qwest facility currently in place , including the NID, will remain in place. 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. Qwest shall allow CLEC to use all features and functionality the Qwest NID including any protection mechanisms , test capabilities, or any other capabilities now existing or as they may exist in the future. Pursuant to generally acceptable work practices, and provided the inside wire re-termination is required to meet service requirements of either Parties' End User Customer , either Party may remove the inside wire from the NID and connect that wire to that Party s own NID. Future installation of Qwest NIDs will be such that it will not unnecessarily impede access to the End User Customer s wiring.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. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 176 Section 9 Unbundled Network Elements Upon CLEC request, Qwest will make other rearrangements to the inside wire terminations or terminal enclosure. Charges will be assessed per Section 9.3.4. 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. Qwest will retain sole ownership of the Qwest NID and its contents on Qwest's side. Qwest is not required to proactively conduct NID change-outs, on a wide scale basis. At CLEC's request, Qwest will change the NID on an individual request basis by CLEC and charges will be assessed per Section 9.5 except where Section 1 applies. Qwest is not required to inventory NID locations on behalf of CLEC. 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.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 will interface on 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. 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 metallicpairs. In all cases , Telecommunications cables entering a Qwest NID must be terminated in compliance with FCC 88-, section 315 of the National Electric Safety Code and section 800.30 of the National Electric Code. Rate Elements If CLEC requests the current simple NID to be replaced with a different simple NID, pursuant to Section 9., charges will be assessed on a time and materials basis with CLEC paying only for the portion of the change out that is specific to and for the functionality that supports CLEC requirements. Recurring rates for unbundled access to the protector field in a Qwest NID are contained in Exhibit A of this Agreement and apply pursuant to Section 9. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 177 Section 9 Unbundled Network Elements As of the Effective Date of this Agreement, Qwest has not implemented charges for this recurring rate element, but reserves the right to assess such a charge in the future. 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 on a time and materials basis.3.4 Where Qwest makes Section 9.5 rearrangements to the inside wire terminations or terminal enclosure on CLEC's request , pursuant to Section 9. charges will be assessed on a time and materials basis. CLEC will be billed on a time and materials basis for any change out Qwest performs pursuant to Section 9.2. CLEC will be billed only for the portion the change out that is specific to CLEC's request for additional capacity. Ordering Process 5.4.ntentionally Left Blank. 5.4.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. 5.4.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 technical infeasibility pursuant to the Dispute Resolution provisions of this Agreement. No additional verification is needed by Qwest and CLEC shall tag its jumper wire. 5.4.Subject to the terms of Section 9.5.4., CLEC may perform a NID-to-NID connection, according to Section 9., and access the End User Customer field of the NID without notice to Qwest. CLEC may access the protector field of the NID by submitting a LSR. Maintenance and Repair If Qwest is dispatched to an End User Customer location on a maintenance issue and finds the NID to be defective, Qwest will replace the defective element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and lines have been removed from the protector field or damaged by CLEC, CLEC will be responsible for all costs associated with returning the facilities and lines back to their original state. Charges for this work will be on a time and materials basis and billed directly to CLEC. Billing disputes will be resolved in accordance with the Dispute Resolution process contained in this Agreement. Maintenance and Repair processes are contained in the Access to OSS Section of this Agreement. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 178 Section 9 Unbundled Network Elements 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. Description Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a Network Element of a single transmission path between Qwest End Office Switches Serving Wire Centers or Tandem Switches in the same LATA and state. A UDIT can also provide 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 bandwidth. CLEC can assign channels and transport its choice of voice or data. Specifications, interfaces and parameters are described in Qwest Technical Publication 77389. ntentionally Left Blank. ntentionally Left Blank.1.4 All services provided in this Section are subject to the Ratcheting criteria as outlined in Section 9.1.4 of this Agreement. CLEC can submit requests through the ASR process to move or rearrange UDIT terminations on CLEC's Demarcation Point or to change NC/NCI options. These rearrangements are available as part of a single Central Office or dual Central Office request. Single Central Office rearrangements are limited to the change in options or movement of terminations within a single Wire Center. Dual Central Office rearrangements are used to change options or move terminations in two (2) Wire Centers. The rearrangement of terminations or option changes are completed as an "uncoordinated change" (basic request) and will be completed within the standard intervals. If CLEC desires a coordinated rearrangement of terminations or options changes, additional labor installation as identified in Exhibit A shall apply. Terms and Conditions 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. UDIT may be directly connected to Finished Services, except for services that the Commission or the FCC expressly prohibit to be connected to UDIT by existing rules. Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005I1hdNycerall 01 Agreements Number COS-050 126-0049 179 Section 9 Unbundled Network Elements ntentionally Left Blank. With the exception of combinations provided through the UNE Combinations Section 9., CLEC may utilize any form of Collocation at both ends of the UDIT. Qwest's 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 Qwest' network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital Hierarchy - Electrical Interface; Annex B. Rate Elements ntentionally Left Blank. Intentionally Left Blank. DSO UDIT rates are contained in Exhibit A of this Agreement and include the following elements:a) DSO Transport Termination (Fixed) Rate Element. This recurring rate element provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies.b) DSO Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 64 Kbps between Qwest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DSO UDIT. The mileage is calculated between the originating and terminating Qwest Wire Centers.c) DSO Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DSO service. 3.4 ntentionally Left Blank. Intentionally Left Blank. ntentionally Left Blank. Low Side Channelization (LSC) Charge. A recurring charge for low side multiplexed channel cards and settings at each end of the DSO UDIT. ntentionally Left Blank. ntentionally Left Blank. Rearrangement rates are contained in Exhibit A of this Agreement.10 A nonrecurring charge is applied to the conversion of an existing Private Line/Special Access circuit to UDIT. Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/1hdNycera/IO/Agreements Number COS-050126-0049 180 Section 9 Unbundled Network Elements Ordering Process 6.4.Ordering processes and installation intervals are as follows: 6.4.UDIT is ordered via the Access Service Request (ASR) process. Ordering processes are contained in the Access to OSS Section of this Agreement. 6.4.Intentionally Left Blank. 6.4.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 Exhibit C, Section 2.of this Agreement. 6.4.1.4 Subsequent changes to the quantity of services on an existing order will require a revised order. Also, additional charges apply for the following modifications to existing orders unless the need for such change is caused by Qwest: Service Date changes; Partial cancellation; Design change; and Expedited order. 6.4.An order may be canceled any time up to and including the , Service Date. Cancellation charges will apply except when:a) The original Due Date or CLEC-initiated subsequent Due Date was, or CLEC has been notified by Qwest that such Due Date will be delayed ten (10) business days or longer; or b) The original Due Date has been scheduled later than the expiration of the standard interval set forth in Exhibit C and CLEC cancels its order no later than ten (10) days before such original Due Date. 6.4.Definitions of the most common critical dates that occur during the ordering and installation process are included in the Definitions Section this Agreement. 6.4.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. 6.4.ntentionally Left Blank. 6.4.4 ntentionally Left Blank. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/IOI Agreements Number COS-050 126-0049 181 Section 9 Unbundled Network Elements 6.4.Qwest will ' perform industry standard tests , set forth in Technical Publication 77389 , when installing UDIT service. 6.4.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. 6.4.CLEC will submit an Access Service Request (ASR) for rearrangement including appropriate termination information (e.g. Connecting Facility Assignment (CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes. Maintenance and Repair The Parties will perform cooperative testing and trouble isolation to identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair processes are contained in the Access to OSS Section of this Agreement. Rearrangement 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. The rearrangement of terminations or option changes are completed as an "uncoordinated change" (basic request) and will be completed within the normal intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement terminations or options changes, additional labor installation as identified in Exhibit A shall apply. 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). Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 182 Section 9 Unbundled Network Elements , 9.Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank 18 Additional Unbundled Elements CLEC may request non-discriminatory access to and where appropriate development additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process. Construction Charges Qwest will conduct an individual financial assessment of any request that requires construction of network capacity, facilities, or space for access to or use of UNEs. When Qwest constructs to fulfill CLEC's request for UNEs , Qwest will bid this construction on a case-by-case basis. Qwest will charge for the construction through nonrecurring charges and a term agreement for the remaining recurring charge, as described in the Construction Charges Section. When CLEC orders the same or substantially similar service available to Qwest End User Customers nothing in this Section shall be interpreted to authorize Qwest to charge CLEC for special construction where such charges are not provided for in a Tariff or where such charges would not be applied to a Qwest End User Customer. Intentionally Left Blank Line Splitting 21.Description Line Splitting provides CLEC/DLEC with the opportunity to offer advanced data service simultaneously with voice service when CLEC obtains switching as a Network Element pursuant to a separate written agreement. Line Splitting uses the frequency range above the voice band on a single Loop for the advanced data service. The advanced data service may be provided by the Customer of Record (the voice service provider) or another data service provider chosen Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 183 Section 9 Unbundled Network Elements by the Customer of Record. A Splitter must be inserted into the Loop in order to accommodate the establishment of the advanced data service. The Splitter separates the voice and data traffic and allows the 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. 21.2 Terms and Conditions 21.General 21.The Customer of Record (the voice service provider) will order the insertion of Splitter. Qwest is not responsible for providing the Splitter filter(s) and/or other equipment necessary for the End User Customer to receive separate voice and data service across a single copper Loop. 21.To order Line 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 Office equipment Collocation set by the FCC or be compliant with ANSI T1.413. 21.CLEC/DLEC may provide any xDSL services that are compatible with CLEC's voice service in accordance with ANSI T1.413 or IEEE 820 or other industry standards. 21.1.4 There may be only one DLEC at any given time that provides advanced data service on any given Line Splitting arrangement. 21.The Customer of Record will be able to request conditioning the Loop portion of the Line Splitting arrangement. Qwest will perform requested conditioning of shared Loops to remove load coils and excess Bridged Taps. CLEC requests conditioning and such conditioning significantly degrades the voice services on the Loop to the point that it is unacceptable to CLEC , CLEC shall pay the conditioning rate set forth in Exhibit A to recondition the Loop. 21.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 this Agreement. Under either option, Splitters will be appropriately hard-wired or pre-wired so that Qwest is not required to inventory more than two (2) points of termination. For Line Splitting, Qwest shall use the same number of Cross Connections and the same number of tie pairs as it uses for other split services provided under this Agreement. 21.Intentionally Left Blank. 21.Splitter Collocation requirements are covered in the Shared Loop Section of this Agreement. 21.3 Rate Elements The following Line Splitting rate elements are contained in Exhibit A of this Agreement. Qwest Fourteen State Negotiations Template Version-1., October 18, 2004 26-2005/lhdNycera/IO/ Agreements Number COS-050 126-0049 184 Section 9 Unbundled Network Elements 21.Recurring Rates for Line Splitting. 21.Interconnection Tie Pairs (ITP). A monthly recurring charge to recover the costs associated with the use of two (2) ITPs, dne (1) for voice and one (1) for voice/data. 21.OSS Charge - A monthly recurring charge to recover the cost the OSS modifications necessary to provide access to the high frequency portion of the Loop. 21.Nonrecurring Rates for Line Splitting 21.Basic Installation Charge for Line Splitting - nonrecurring charge for each Line Splitting arrangement installed will apply. 21.Charge for conditioning Loop associated with Line Splitting. A nonrecurring charge for either conditioning the Loop by removing load coils and/or excess Bridged Taps; or reconditioning the line if necessary to assure the quality of the voice service. 21.Nonrecurring Rates for Maintenance and Repair 21.Trouble Isolation Charge - A nonrecurring charge for trouble isolation will be applied in accordance with the Access to OSS - Maintenance and Repair Section. 21.Additional Testing - The Customer of Record may request Qwest to perform additional testing, and Qwest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge will apply in accordance with Exhibit A. 21.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement. 21.All of these rates are interim and will be subject to true-up based on either mutually agreed permanent rates or permanent rates established in a cost proceeding conducted by the Commission. In the event interim rates are established by the Commission before permanent rates are set, the interim rates set forth in Exhibit A will be changed to reflect the interim rates set by the Commission; however, no true up will be performed until mutually agreed to permanent rates are established or permanent rates are established by the Commission. 21.4 Ordering Process 21.4.Line Splitting 21.4.As a part of the pre-order process CLEC/DLEC may access loop characteristic information through the Loop Information Tool described in the Access to OSS Section. The Customer of Record will determine, in its sole discretion and at its risk, whether to add data services to any specific Loop. 21.4.The Customer of Record will provide on the LSR, the Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 185 Section 9 Unbundled Network Elements appropriate frame terminations that are dedicated to Splitters. Qwest will administer all cross connects/jumpers on the COSMIC/MDF and ICDF. 21.4.Basic Installation "lift and lay" procedure will be used for all Line Splitting orders. Under this approach , a Qwest technician "lifts" the Loop from its current termination in a Qwest Wire Center and "lays" it on a new termination connecting to CLEC's/DLEC's collocated equipment in the same Wire Center. 21.4.1.4 The Customer of Record shall not place orders for Line Splitting until all work necessary to provision Line Splitting in a given Qwest Wire Center including, but not limited to, Splitter installation and tie cable reclassification or augmentation has been completed. 21.4.If the voice service is disconnected on Line Splitting arrangement, the Line Splitting arrangement shall terminate. CLEC may arrange to provide DSL service to the End User Customer through purchase of another product. 21.4.The Customer of Record (the voice service provider) shall submit the appropriate LSRs associated with establishing Line Splitting. 21.5 Billing 21.Qwest shall provide a bill to the Customer of Record (the voice service provider), on a monthly basis, within seven to ten (7-10) calendar Days of the last day 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 consistent with the samples available for CLEC/DLEC review. 21.Qwest shall bill the Customer of Record for all recurring and nonrecurring Line Splitting rate elements. 21.6 Repair and Maintenance 21.Qwest will allow CLEC/DLEC to access Line Splitting at the point where the combined voice and data Loop is cross connected to the Splitter. 21.The Customer of Record will be responsible for reporting to Qwest voice service troubles provided over Line Splitting. Qwest will be responsible to repair troubles on the physical line between Network Interface Devices at the Customer premises and the point of demarcation in Qwest Wire Centers. CLEC/DLEC will be responsible for repairing data services provided on Line Splitting. Qwest, CLEC and DLEC each will be responsible for maintaining its equipment. The entity that controls the Splitters will be responsible for their maintenance. 21.Intentionally Left Blank. 21.6.4 When Splitters are installed in Qwest Wire Centers via Common Area Splitter Collocation CLEC/DLEC will order and install additional Splitter cards as necessary to increase the capacity of the Splitters. CLEC/DLEC will leave one (1) unused, spare Splitter card in every shelf to be used for repair and maintenance until Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/l 0/ Agreements Number COS-050126-0049 186 Section 9 Unbundled Network Elements such time as the card must be used to fill the shelf to capacity. 21.When Splitters are installed in Qwest Wire Centers via standard Collocation arrangements CLEC/DLEC may install test access equipment in its Collocation areas in those Wire Centers for the purpose of testing Line Splitting. This equipment must meet the requirements for Central Office equipment set by the FCC. 21.6 Qwest CLEC and DLEC will work together to address End User Customer initiated repair requests and to prevent adverse impacts to the End User Customer. 21.7 Customer of Record and Authorized Agents 21.1 "Customer of Record" is defined for purposes of this section as the CLEC providing the voice service. Qwest will bill the Customer of Record for Line Splitting. The Customer of Record may designate an authorized agent pursuant to the terms sections 9.21.2 and 9.21.3 to perform ordering and/or Maintenance and Repair functions. 21.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 Securl D cards, that will allow the authorized agent to access the records of the Customer of Record. Such access will be managed by the Customer of Record. 21.The Customer of Record shall hold Qwest harmless with regard to any harm to Customer of Record as a direct and proximate result of the acts or omissions the authorized agent of the Customer of Record or any other Person who has obtained from the Customer of Record the necessary access and security devices through the Customer of Record , including but not limited to user identifications, digital certificates and SecurlD cards, that allow such Person to access the records of the Customer Record unless such access and security devices were wrongfully obtained by such Person through the willful or negligent behavior of Qwest. 22 Intentionally Left Blank Unbundled Network Element Combinations 23.1 General Terms 23.Qwest shall provide CLEC with non-discriminatory access combinations of Unbundled Network Elements including but not limited to Enhanced Extended Loop (EEL) at the DSO level , according to the following terms and conditions. 23.Qwest will offer to CLEC UNE Combinations, on rates, terms and conditions that are just, reasonable and non-discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act, the applicable FCC rules , and other Applicable Laws. The methods of access to UNE Combinations described in this section are not exclusive. Qwest will make available any other form of access requested by CLEC that is consistent with the Act Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 187 Section 9 Unbundled Network Elements 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 service or element unless specified in this Agreement or as required for Technical Feasibility reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE Combinations accessed by CLEC , except as specified in this Agreement or required byExisting Rules. 23.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 this Agreement pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules , state laws, or the Bona Fide Request process, CLEC may identify and request that Qwest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of th~ Act and other Applicable Laws. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC or the state Commission. 23.In addition to the UNE Combinations provided by Qwest to CLEC hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest with another UNE provided by Qwest or with compatible network components provided by CLEC or provided by third parties to CLEC in order to provide Telecommunications Services. UNE Combinations will not be directly connected to a Qwest Finished Service , whether found in a Tariff or otherwise without going through a Collocation , unless otherwise agreed to by the Parties. Notwithstanding the foregoing, CLEC can connect its UNE Combination to Qwest's Directory Assistance and operator services platforms. 23.Intentionally Left Blank. 23.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. 23.1.4 When ordered in combination , Qwest will combine for CLEC UNEs that are ordinarily combined in Qwest's network, provided that facilities are available. 23.When ordered in combination, Qwest will combine for CLEC UNEs that are not ordinarily combined in Qwest's network, provided that facilities are available and such combination: 23.Is Technically Feasible; 23.Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Qwest's network; and Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 188 Section 9 Unbundled Network Elements 23.Would not impair Qwest's use of its network. 23.When ordered in combination Qwest will combine CLEC UNEs with Qwest UNEs, provided that facilities are available and such combination: 23.Is Technically Feasible; 23.Shall be performed in a manner that provides Qwest access to necessary facilities; 23.Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Qwest's network; and 23.6.4 Would not impair Qwest's use of its network. 23.Intentionally Left Blank. 23.2 Description UNE Combinations are available in, but not limited to , the following standard products: DSO EEL (subject to the limitations set forth below). If CLEC desires access to a different UNE Combination , CLEC may request access through the Special Request Process set forth in this Agreement. Qwest will provision UNE Combinations pursuant to the terms of this Agreement without requiring an amendment to this Agreement, provided that all of the UNEs included in the combination request, and their associated Billing rate elements are contained in this Agreement. If Qwest develops additional UNE Combination products CLEC can order such products without using the Special Request Process, but CLEC may need to submit a New Customer Questionnaire and execute an amendment before ordering such products. 23.3 Terms and Conditions 23.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 UN E Combination Qwest provides , as well as the access provided to that UN E 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 will provide access in a manner that provides CLEC with a meaningful opportunity to compete. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.3.4 ntentionally Left Blank. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.Enhanced Extended Loop (EEL) -- EEL is a Qwest-provided combination Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/l 0/ Agreements Number COS-050 126-0049 189 Section 9 Unbundled Network Elements of Loop and dedicated interoffice transport. EEL transport and Loop facilities may utilize DSO bandwidth. 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 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. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.ntentionally Left Blank. 23.2.4 Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.ntentionally Left Blank. 23.Intentionally Left Blank. 23.ntentionally Left Blank. 23.11 CLEC may request the conversion of an existing DSO Private Line/Special Access Service to an EEL. Retail and/or resale Private Line circuits may be converted to EEL if the conversion is Technically Feasible and they meet the terms of Section 9.1. Qwest will provide CLEC with conversions to EEL according to the standard intervals set forth in Exhibit C. 23.11.ntentionally Left Blank. 23.12 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 EndUser Customers. 23.12.Terms and Conditions 23.12.ntentionally Left Blank. 23.12.ntentionally Left Blank. 23.12.4 EEL combinations consist of DSO Loops Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 190 Section 9 Unbundled Network Elements and interoffice transport of the same bandwidth (Point-to-Point EEL). 23.12.Intentionally Left Blank. 23.12.Installation intervals are set forth in Exhibit C and in the Service Interval Guide (SIG) on the following web site add ress: http://www.qwest.com/carrier/guides/siglindex.htmi. 23.12.Intentionally Left Blank. 23.12.EEL is available only where existing facilities are available. 23.Ordering 23.Intentionally Left Blank. 23.CLEC will submit EEL orders using the LSR process. 23.Qwest will install the appropriate channel card based on the DSO EEL Loop LSR order and apply the charges. 23.8.4 Intentionally Left Blank. 23.One (1) LSR is required when CLEC orders Point-to-Point EEL. 23.Rate Elements 23.EEL Loop. The EEL Loop is the Loop connection between the End User Customer premises and the Serving Wire Center. EEL Loop available in DSO bandwidth. Recurring and nonrecurring charges apply. 23.EEL Transport. EEL Transport consists of the dedicated interoffice facilities between Qwest Wire Centers. EEL Transport is available in DSO bandwidth. Recurring and nonrecurring charges apply. 23.ntentionally Left Blank. 23.9.4 DSO Low Side Channelization and DSO MUX Low Side Channelization. EEL DSO Channel Cards are required for each DSO EEL Loop or DSO Unbundled Loop connected to a 1/0 Multiplexer. Channel Cards are available for Analog Loop Start, Ground Start, Reverse Battery, and Signaling. 23.Intentionally Left Blank. 23.10 CLEC may request access to and, where appropriate, development additional UNE Combinations. For UNEs Qwest currently combines in its network CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that Qwest does not currently combine, CLEC must use the Bona Fide Request Process (BFR). In its BFR or SRP request CLEC must identify the specific combination Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 191 Section 9 Unbundled Network Elements UNEs, identifying each individual UNE by name as described in this Agreement. 23.Intentionally Left Blank. 23.12 If CLEC is obtaining services from Qwest under an arrangement oragreement that includes the application of termination liability assessment (TLA) orminimum 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 this Agreement or by law to elect to make such conversions. 23.13 For installation of new UNE Combinations , CLEC will not be assessedUNE rates for UNEs ordered in combination until access to all UNEs that make up such combination have been provisioned to CLEC as a combination , unless a UNE is not available until a later time and CLEC elects to have Qwest provision the other elements before all elements are available. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.16 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 allnecessary notice to its End User Customers of the termination. In no case shall Qwest be responsible for providing such notice to CLEC's End User Customers. Qwest shall only be required to notify CLEC of Qwest's termination of the UNE Combination service on a timely basis consistent with Commission rules and notice requirements. 23.17 CLEC , or CLEC's agent, shall act as the single point of contact for its EndUser Customers' service needs , including without limitation , sales, service design, ordertaking, Provisioning, change orders , training, maintenance, trouble reports, repair, post- sale servicing, Billing, collection and inquiry. CLEC shall inform its End User Customers that they are End User Customers of CLEC. CLEC's End User Customers contacting Qwest will be instructed to contact CLEC, and Qwest's End User Customers contacting CLEC will be instructed to contact Qwest. In responding to calls , neither Party shallmake disparaging remarks about each other. To the extent the correct provider can be determined, misdirected calls received by either Party will be referred to the proper provider of Local Exchange Service; however, nothing in this Agreement shall bedeemed to prohibit Qwest or CLEC from discussing its products and services with CLEC's or Qwest's End User Customers who call the other Party seeking such information. 23.4 Rates and Charges 23.4.The rates and charges for the individual Unbundled Network Elementsthat comprise UNE Combinations are contained in Exhibit A for both recurring and nonrecurring application. 23.4.Recurring monthly charges for each Unbundled Network Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 192 Section 9 Unbundled Network Elements Element that comprise the UNE Combination shall apply when a UNE Combination is ordered. Rates are contained in Exhibit A. 23.4.Nonrecurring charges , if any, will apply based upon the cost to Qwest of Provisioning the UNE Combination and providing access to the UNE Combination. These nonrecurring charges , if any, are described in Exhibit A. 23.4.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. 23.4.CLEC shall be responsible for Billing its End User Customers served over UNE Combinations for all Miscellaneous Charges and surcharges required of CLEC by statute, regulation or otherwise required. 23.4.4 ntentionally Left Blank. 23.4.If an End User Customer is served by CLEC through a UNE Combination Qwest will not charge, assess, or collect Switched Access charges for InterLATA orIntraLATA calls originating or terminating from that End User Customer s phone after conversion to a UNE Combination is complete. 23.4.Qwest shall have a reasonable amount of time to implement system orother changes necessary to bill CLEC for Commission-ordered rates or chargesassociated with UNE Combinations. 23.5 Ordering Process 23.Most UNE Combinations and associated products and services are ordered via an LSR. Ordering processes are contained in this Agreement and in the PCA T. The following is a high-level description of the ordering process: 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.Step representative. Complete product questionnaire with account team 23.1.4 Step 2: Obtain Billing Account Number (BAN) through account team representative. 23.Step 3: Allow two (2) to three (3) weeks from Qwest's receipt a completed questionnaire for accurate loading of UNE Combination rates to the Qwest Billing system. 23.Step 4: After account team notification, place UNE Combination orders via an LSR or ASR, as appropriate. 23.Additional information regarding the ordering processes are Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 193 Section 9 Unbundled Network Elements located at: http://www.qwest.com/wholesale/solutions/clecFacility/une -- c.html. 23.Prior to placing an order on behalf of each End User Customer, CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization as set forth in this Agreement. 23.Standard service intervals for each UNE Combination are set forth in Exhibit C. For UNE Combinations with appropriate retail analogues, CLEC and Qwest will use the standard Provisioning interval for the equivalent retail service. CLEC and Qwest can separately agree to Due Dates other than the standard interval. 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 and all other UNE Combinations, the date the LSR or ASR is received is considered the start of the service interval if the order is received on a business day prior to 3:00 p.m. For EEL and all other UNE Combinations , the service interval will begin on the next business day for service requests received on a non-business day or after 3:00 p.m. on a business day. Business days exclude Saturdays, Sundays, New Year Day, Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day. 23.The Parties' obligations and responsibilities for providing and maintaining End User Customer Directory Listings information are contained in the Listings and E911/911 Emergency Services Sections of this Agreement. 23.When Qwest's End User Customer or the End User Customer s New Service Provider orders the discontinuance of the End User Customer s existing service in anticipation of moving to another service provider, Qwest will render its closing bill to the End User Customer effective with the disconnection. If Qwest is not the Current Service Provider, Qwest will issue a bill to CLEC for that portion of the service provided to CLEC should CLEC's End User Customer, a New Service Provider, or CLEC request service be discontinued to the End User Customer. Qwest will notify CLEC by FAX OSS interface, or other agreed upon processes when an End User Customer moves to another service provider. Qwest shall not provide CLEC or Qwest retail personnel with the name of the other service provider selected by the End User Customer. 23.For UNE Combinations CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact for order entry, problem resolution, repair, and in the event special attention is required on service request. 23.6 Billing 23.Qwest shall provide CLEC, on a monthly basis , within seven (7) to ten (10) calendar Days of the last day of the most recent Billing period , in an agreed upon standard electronic Billing format, Billing information including (1) a summary bill, and (2) individual End User Customer sub-account information consistent with the samples available for CLEC review. 23.7 Maintenance and Repair 23.Qwest will maintain facilities and equipment that comprise the service Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 194 Section 9 Unbundled Network Elements 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. Loop Splitting 24.1 Description Loop Splitting 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. 24.With regard to Qwest's current requirement that Loop Splitting be offered over an existing Unbundled Loop, Qwest acknowledges that there are ongoing industry discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop. If as a result of those 'discussions, a process is developed for Loop Splitting over a new Loop, Qwest will amend its Agreement to eliminate the limitation of Loop Splitting to existing Unbundled Loops. 24.2 Terms and Conditions 24.General 9.24.Qwest is not responsible for providing the Splitter, filter(s) and/or other equipment necessary for the End User Customer to receive separate voiceand data service across a single copper Loop. 24.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 Office equipment Collocation set by the FCC or be compliant with ANSI T1.413. 24.There may only be one DLEC at any given time that provides advanced data service on any given Unbundled Loop. 24.1.4 If Loop Splitting is requested for an analog Loop, the Loop must be converted to a 2/4 wire non-loaded Loop or ADSL compatible Loop. 24.1.4.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 Bridged Taps under the terms and conditions associated with Loop conditioning contained in Section 9.of this Agreement. Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 195 Section 9 Unbundled Network Elements 24.1.4.If requested conditioning significantly degrades the existing service over the Unbundled Loop to the point that it unacceptable to CLEC, Customer of Record shall pay to convert back to an analog Loop. 24.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 this Agreement. Under either option , Splitters will be appropriately hard-wired or pre-wired so that points of termination are kept to a minimum. For Loop Splitting, Qwest shall use the same length of tie pairs as it uses for other split services provided under this Agreement, except for the additional CLEC-to-CLEC connection, which required for Loop Splitting. 24.3 Rate Elements The following Loop Splitting rate elements are contained in Exhibit A of this Agreement. 24.Recurring Rates for Loop Splitting 24.Interconnection Tie Pairs (ITP) - A monthly recurring charge to recover the costs associated with the use of ITPs. 24.OSS Charge - A monthly recurring charge to recover the cost the OSS modifications necessary to provide access to the high frequency portion of the Unbundled Loop. 24.Nonrecurring Rates for the Loop Splitting 24.Basic Installation Charge for Loop Splitting - nonrecurring charge for Loop Splitting installed will apply. 24.Nonrecurring Rates for Maintenance and Repair 24.Trouble Isolation Charge - A nonrecurring charge for trouble isolation will be applied in accordance with the Access to OSS - Maintenance and Repair Section. 24.Additional Testing - The Customer of Record may request Qwest to perform additional testing, and Qwest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge will apply in accordance with Exhibit A. 24.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement. 24.All of these rates are interim and will be subject to true-up based on either mutually agreed permanent rates or permanent rates established in a cost proceeding conducted by the Commission. In the event interim rates are established by the Commission before permanent rates are set, the interim rates set forth in Exhibit A will be changed to reflect the interim rates set by the Commission; however, no true up will be performed until mutually agreed to permanent rates are established or permanent Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 196 Section 9 Unbundled Network Elements rates are established by the Commission. 24.4 Ordering Process 24.4.Loop Splitting 24.4.As a part of the pre-order process CLEC/DLEC may access Loop characteristic information through the Loop Information Tool described in the Access to OSS Section. The Customer of Record will determine, in its sole discretion and at its risk , whether to add data services to any specific Unbundled Loop. 24.4.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/MDF and IDF. 24.4.Basic Installation "lift and lay" procedure will be used for all Loop Splitting orders. Under this approach, a Qwest technician "lifts" the Loop from its current termination in a Qwest Wire Center and "lays" it on a new termination connecting to CLEC's/DLEC's collocated equipment in the same Wire Center. 24.4.1.4 The Customer of Record shall not place orders for Loop Splitting until all work necessary to provision Loop Splitting in a given Qwest Wire Center including, but not limited to, Splitter installation and tie cable reclassification or augmentation has been completed. 24.4.The Customer of Record shall submit the appropriate LSRs associated with establishing Unbundled Loop and Loop Splitting. 24.4.If the voice is disconnected on a Loop Splitting arrangement, the Loop Splitting arrangement shall terminate. CLEC may arrange to provide DSL service to the End User Customer through purchase of another product. 24.5 Billing 24.Qwest shall provide a bill to the Customer of Record , on a monthly basis within seven (7) to ten (10) calendar Days of the last day of the most recent Billing period , in an agreed upon standard electronic Billing format. 24.Qwest shall bill the Customer of Record for all recurring and nonrecurring Loop Splitting rate elements. 24.6 Repair and Maintenance 24.Qwest will allow CLEC/DLEC to access Loop Splitting at the point where the combined voice and data Loop is cross connected to the Splitter. 24.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 Qwest Fourteen State Negotiations Template Version 1., October 18,2004 26-2005/1hdNycera/l 01 Agreements Number COS-050126-0049 197 Section 9 Unbundled Network Elements and DLEC each will be responsible for maintaining its equipment. controls the Splitters will be responsible for their maintenance. The entity that 24.3 Qwest, CLEC and DLEC will continue to develop repair and maintenance procedures for Loop Splitting and agree to document final agreed to procedures in a methods and procedures document that will be made available on Qwest's web site. 24.7 Customer of Record and Authorized Agents 24.1 "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 sections 9.24.2 and 9.24.3 to perform ordering and/or Maintenance and Repair functions. 24.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 will allow the authorized agent to access the records of the Customer of Record. Such access will be managed by the Customer of Record. 24.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 willful or negligent behavior of Qwest. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/lO/Agreements Number COS-050126-0049 198 Section 10 Ancillary Services Section 10.0 - ANCILLARY SERVICES 10.Interim Number Portability 10.1 Description 10.Interim Number Portability (INP) service is an arrangement that allows an End User Customer to retain its dialed telephone number when switching to another service provider. INP service can be provided by Qwest to CLEC or by CLEC to Qwest. For the purposes of this section, the Party porting traffic to the other Party shall be referred to as the "INP Provider" and the Party receiving INP traffic for termination shall be referred to as the "INP Requestor. 1 0.INP applies to those situations where an end user elects to transfer to a new service provider and such end user also wishes to retain its existing telephone number. INP consists of INP Provider s provision to the INP Requestor the capability to route calls placed to telephone numbers assigned to the INP Provider s switches to the INP Requestor switches. INP is available only for working telephone numbers assigned to the INP Provider s end users who request to transfer to the INP Requestor service. Local Interconnect Service (LIS) is required for INP. 10.INP is available as INP-Remote Call Forwarding (INP-RCF), Direct Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration. DNRI is available as either direct to an end office or through a tandem , also referred to as DNRI Tandem (RIPH) or portability hub. NXX Migration , or Local Exchange Routing Guide Reassignment , reassigns the entire Central Office Code (NXX) to the CLEC Switch if the code is used solely for one End User. 10.1.4 Remote Call Forwarding (RCF) 10.1.4.RCF permits a call to an INP Provider s assigned telephone number to be translated to the INP Requestor s dialable local number. With the RCF solution, a permanent RCF is established in Qwest's Switch forwarding any incoming call to the number assigned and maintained in the CLEC Switch. 10.1.4.INP via RCF also requires Office Equipment (OE), on a per telephone number basis. The INP Requestor will need to provide a forecast of deployment sites and estimated quantities of ported numbers to assist in an assessment of available porting methods. Each request for INP via RCF will be analyzed by the Infrastructure Availability Center, lAC, to determine if OE is available. 10.Direct Inward Dialing (DID) DID permits incoming calls to be ported to the INP Requestor s Switch via a DID trunk configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffic between Qwest's End Office and CLEC's Switch. The traffic on these trunks cannot overflow to other trunks. In addition , inter-Switch signaling for DID is limited to multi- frequency (MF). This precludes passing the Calling Line ID to the CLEC Switch. With DID , because there is no SS7 capability, there are CLASS feature limitations. For DID the INP Provider will deliver the dialed telephone number to the INP requestor s central Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/l 01 Ag reements Nu m ber C OS-050 126-0049 199 Section 10 Ancillary Services office. 10.Directory Number Route Indexing (DNRI) DNRI permits incoming calls to be ported to the INP Requestor s Switch via a route index. A permanent route index is assigned to the end user s ported number in the INP Pro'vider s Switch. The INP Provider will deliver the dialed seven digit telephone number to the INP requestor s central office. INP Requestor may terminate the call as desired. Additional capacity for simultaneous call forwarding is available where technically feasible. The INP Requestor will need to specify the number of simultaneous calls to be forwarded for each number ported. DNRI tandem routing requires an additional thirty (30) day lead time to establish technical requirements for routing the ported calls. 10.2 Terms and Conditions 10.Qwest and CLEC will provide INP service in a non-discriminatory manner and with as little impairment of functioning, quality, reliability and convenience as possible. 10.Qwest will coordinate INP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption. 10.The Parties shall provide INP on a reciprocal basis to each other to the extent technically feasible, and in accordance with rules and regulations as , from time to time, prescribed by the FCC and/or the Commission. 10.2.4 Until the long term number portability solution , referred to as Local Number Portability (LNP), is implemented by the industry pursuant to regulations issued by the FCC or the Commission , the Parties agree to provide INP to each other through RCF, DID , DNRI and NXX migration. Local Interconnect Service (LIS) is required for INP. 10.Once Local Number Portability has been implemented within a Wire Center, INP will no longer be available for ordering within that Wire Center. 10.Upon LNP implementation, the INP offerings will be withdrawn subject to advance notice to the other Party. Both Parties will conform to the Western Region LNP Technical and Operations team guidelines and agreements for completion of INP to LNP conversion activity. 10.The INP Requestor s designated INP Switch must return answer and disconnect supervision to the INP Provider s Switch. 10.The INP Requestor will provide to the E911 database provider the network telephone number that the INP Requestor assigned to the INP Provider- assigned , ported telephone number. Updates to and maintenance of the INP information to the E911 database are the responsibility of the INP Requestor. For consistency in administration, the INP Requestor shall enter into a separate agreement with the E911 database provider. 10.Qwest will update its Line Information Database (LlDB) listings for ported Qwest Fourteen State Negotiations Template Version 1.50, October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 200 Section 10 Ancillary Services numbers as directed by CLEC. Qwest will restrict or cancel calling cards associated with these ported numbers. LlDB updates shall be completed by the Parties on the same business day each INP arrangement is activated. 10.10 An INP telephone number may be assigned by INP Requestor only to the INP Requestor s end users located within the INP Provider s local calling area and toll rating area that is associated with the NXX of the ported number. 10.11 INP is applicable only if the INP Requestor is engaged in a reciprocal traffic exchange arrangement with the INP Provider. 10.12 Only the existing INP Provider assigned end user telephone number may be used as a ported number for INP. 10.13 An INP telephone number must be active and assigned to an end user to accommodate INP. 10.14 INP services shall not be re-sold, shared or assigned by either Party to another LEC or CLEC. 10.15 INP is not offered for NXX Codes 555 , 976 , 960 , and coin telephones and Service Access Codes (i.e., 500 , 700, 8XX , 900). INP is not available for Feature Group A seven-digit numbers, including Foreign Exchange. Furthermore, INP numbers may not be used for mass calling events. 10.16 The ported telephone number will be returned to the Switch which originally had the ported number when the end user disconnects service from the INP Requestor. The INP Requestor shall not retain it and reassign it to another end user. The normal intercept announcement will be provided by the INP Provider for the period of time until the telephone number is reassigned by the INP Provider. 10.17 Forecasts for INP must be included in the forecasting process detailed in Section 7 of this Agreement. 1 0.18 NX~ Migration , or Local Exchange Routing Guide Reassignment reassigns the entire Central Office Code (NXX) to the CLEC Switch if the code is used solely for one End User. Where one Party has activated an entire NXX for a single end user, or activated a substantial portion of an NXX for a single end user with the remaining numbers in that NXX either reserved for future use or otherwise unused , if such end user chooses to receive service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX reassigned to an End Office operated by the second Party through the NANP administrator. In addition , both Parties agree to cooperate in arranging necessary updates and industry notification in the LERG (and associated industry databases, routing tables, etc. ). Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead-times (as identified in the LERG guidelines and the Central Office Code Administration guidelines) for movement of NXXs from one Switch to another. Other applications of NXX migration will be discussed by the Parties ascircumstances arise. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/IO/Agreements Number COS-050126-0049 201 Section 10 AnCillary Services 10.3 Ordering 10.Both parties shall comply with ordering standards as developed by the industry. INP service is ordered via a Local Service Request and associated Number Portability forms. Specific details regarding the ordering of INP service is contained inthe PCAT. 10.CLEC may order INP service either manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. 10.Service intervals for INP are described below. These intervals apply when facilities and network capacity is available. Where facilities or network capacity is not available, intervals are on an Individual Case Basis (ICB). Orders received after 3:00 P.M. are considered the next business day. The following service intervals have been established for interim number portability: Number of Lines Interval Simple (1 FR/1 FB) 49 lines 50 or more lines 3 business days ICB Complex (PBX TrunksllSDN) 8 lines or trunks 16 lines or trunks 17 -24 lines or trunks 25 or more lines or trunks 5 business days 6 business days 7 business days ICB Centrex 10 lines 11-20 lines 21 or more lines 5 business days 10 business days ICB Out of Hours ConversionsAny quantity ICB 10.3.4 Qwest will provide FOCs to CLECs within a reasonable time , no later than 48 hours after receipt of complete and accurate orders for Regular POTS or Simple Business End Users. The FOC interval for all other complex orders will be within a reasonable time, no later than H business days from receipt of complete and accurate orders. The FOC for ICB orders will reflect an ICB FOC date. 10.For purposes of this Section, Qwest's normal business hours are 7:00 m. to 7:00 p., local time, Monday through Friday. CLEC may also request a Frame Due Time (FDT) of 5:00 a.m. as a normal business hour Monday through Friday. Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p. normal business hours shall be considered an out of hours cut. 10.CLEC shall request service within the normal business hours by submitting a Local Service Request (LSR) and designating the requested Frame Due Time. Requests for Frame Due Times within normal business hours will be proactively Qwest Fourteen State Negotiations Template Version 1.50, October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 202 Section 10 Ancillary Services managed by Qwest to ensure that the Frame Due Time is met. 10.Out of Hours Cut 10.Out of hours cuts permit a CLEC to select either a coordinated or non-coordinated cut for INP service outside of Qwest's normal business hours. For planning purposes , CLEC shall provide Qwest with a forecast of out of hours coordinated cuts at least two weeks prior to a CLEC placing an order in a particular state. Forecasts should include the anticipated Frame Due Times and volumes to be ported out of hours. 10.CLEC shall request out of hours cuts by submitting a Local Service Request (LSR) and designating the desired FDT outside of the normal business hours. I n the Remarks section of the LSR, CLEC must specify an Out of Hours cut and the type of cut (coordinated or non-coordinated). 10.The date and time for the coordinated cut may need to negotiated between Qwest and CLEC because of system downtime , Switch upgrades, Switch maintenance , and the possibility of other CLECs requesting the same FDT in the same Switch (Switch contention). Because of this up-front coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the FDT will require additional time. In the event that this situation would occur Qwest will negotiate with CLEC to provide the FOC within a reasonable time frame. 10.7.4 Non-Coordinated Out of Hours Cut 10.7.4.CLEC shall request out of hours non-coordinated cuts by submitting a LSR and designating a 1 :00 a.m. FDT (due date) which is outside of the normal business hours. Non-coordinated cuts allow CLEC to request a Qwest FDT of 1 :00 a.m. where the actual cut occurs between the hours of 1 :00 a.m. and 7:00 a., with the cut completed by 7:30 a.m. of that day (if the requested date is a business day, or by 7:30 a.m. of the next business day). 10.7.4.Conversion desk activities and escalation processes for non-coordinated out of hour cuts are accomplished during the business day prior to the cut. 10.7.4.CLEC will not incur additional charges for non- coordinated out of hours cuts. 10.Coordinated Out of Hours Cut 10.CLECs shall request a coordinated out of hours cut by submitting a LSR and designating the requested FDT. 10.5.2 Out of hours coordinated cuts will be managed by a Qwest project manager. Coordination of this effort requires an up-front internal planning session. Any changes to the original FDT will be negotiated with CLEC and will occur prior to issuing an FOC. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/l 01 Agreements Nu mber COS-050126-0049 203 Section 10 Ancillary Services 10. out of hours cuts. CLEC will incur additional charges for coordinated 10.End User Impacts 10.The INP Requestor is responsible for all dealings with and on behalf of its end users, including all end user account activity (e., end user inquiries and complaints). 10.Each Party is responsible for obtaining a Proof of Authorization from its end users who request a transfer of the end user s telephone number from the other Party. 10.The I NP Provider will work cooperatively with the I NP Requestor to ensure a smooth end user transition and to provide for coordination with other facilities (e., Loops). 10.8.4 If an end user requests transfer of service from the INP Requestor back to the INP Provider, the INP Provider may rely on that end user request to institute cancellation of the INP service. The INP Provider will provide at least 48 hours notice to the INP Requestor of the cancellation of INP service and will work cooperatively with the INP Requestor to ensure a smooth end user transition and to provide for coordination with other facilities (e., Loops). 10.The INP Requestor will submit to the INP Provider a disconnect order for each ported number that is relinquished by the INP Requestor s endusers. Qwest will provide an electronic interface for the purpose of ordering INP service. This interface may be accomplished by either a GUI (Graphical User Interface) or EDI (Electronic Data Interchange). 10.4 Maintenance and Repair 10.1.4.CLEC is responsible for its own end users and will have the responsibility for resolution of any service trouble report(s) from its end users. End user customers CLEC will be instructed to report all cases of trouble to their Service Provider. 10.1.4.CLEC and Qwest will provide to their respective end user customers the correct telephone numbers to call for access to their respective repair bureaus. CLEC and Qwest will provide their repair contact numbers to one another on a reciprocal basis. 10.1.4.Qwest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of the Qwest network. Qwest will perform standard tests to isolate and repair the trouble. For INP trouble reports, Qwest will not be responsible for testing the Unbundled Loop leased by CLEC. . - 10.1.4.4 The trouble ticket will be closed by the functional group that corrected the trouble. This group will also contact CLEC to inform them that the ticket has been closed. Current trouble codes and analysis codes will be entered to the trouble ticket. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 204 Section 10 Ancillary Services 10.5 Rate Elements 10.INP Rate Elements In accordance with Commission requirements , Qwest recovers an appropriate allocation of its INP costs through charges to CLEC for each NXX code assigned to a CLEC. Per Commission Orders, a true-up will be completed semi-annually. The true-up is a mechanism for readjusting the monthly charge based on forecasted quantities , to account for actual quantities during the year. The Parties will comply with the FCC rules and Commission decisions on cost recovery for interim number portability. Exhibit A this Agreement contains Interim Number Portability rates. 10.In accordance with Commission requirements , Qwest recovers an appropriate allocation of its INP costs through charges to CLEC for each NXX code assigned to a CLEC. Per Commission Orders , a true-up will be completed semi-annually. The true-up is a mechanism for readjusting the monthly charge based on forecasted quantities, to account for actual quantities during the year. 10.Charges for Coordinated Out of Hours Cuts. Charges for coordinated out of hours cuts shall be based upon actual hours worked at Qwest's overtime rate , time and one-half rates for timeframes outside of Qwest's normal hours except for Sundays and Holidays. Charges for coordinated out hours cuts on Sundays and Holidays shall be based upon Qwest's overtime premium rate , which is double time. Overtime rates will be multiplied by the number of Qwest personnel actively participating in the cut, multiplied by the number of hours required for the cut. Exhibit A of this Agreement contains overtime rates for coordinated out of hours cuts. 10.Qwest will schedule the appropriate number employees prior to the cut , based upon information provided by CLEC. such information requires modification during the cut and , as a result non-scheduled employees are required , CLEC shall be charged a four hour minimum callout. 10.Switched Access Revenues. Qwest will comply with the FCC and Commission rules regarding the sharing of terminating access revenues. Once the End Office Switch is converted to long term number portability (LNP), CLEC has the ability to directly bill the Interexchange Carrier, and no sharing of terminating access revenues is required. 10.The Switched Access rate elements are identified in Qwest' Switched Access Tariff. 10.Qwest will use ARMIS data to determine the average Minutes Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis. 10.The number of lines to be used in determining the amount terminating switched access will be extracted from the Qwest corporate data warehouse once each month. This database contains billed information for posted orders. 10.2.4 The calculation of the terminating Switch access charges, along Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 205 Section 10 Ancillary Services with the appropriate data for the preceding month will be provided to CLEC to support the payment. Qwest will pay the pass through amounts to CLEC within one month. Disputes will be processed as though this credited amount were a billed amount under this Agreement. 10.Local Number Portability 10.1 Description 10.Local Number Portability (LNP) is defined by the FCC as the ability users of Telecommunications Services to retain , at the same location , existing Telecommunications numbers without impairment of quality, reliability, or convenience when switching from one Telecommunications Carrier to another. Effective with this Agreement, Qwest will provide CLEC with non-discriminatory access to Qwest's LNP database on an unbundled basis only to the extent CLEC is using a Qwest local circuit Switch on an unbundled basis as addressed in Section 9.11.2. Qwest will allow CLEC to port telephone numbers for its End User Customers in the same manner as Qwest ports telephone numbers for Qwest End User Customers. CLEC may port telephone numbers into and out of Qwest End Office Switches on behalf of an End User Customer using the FCC rules and industry guidelines as described in the following Sections. 10.Qwest uses the Location Routing Number (LRN) architecture. Under the LRN architecture , each End Office Switch is assigned a unique ten-digit LRN , the first six digits of which identify the location of that End Office Switch. The LRN technology is a triggering and addressing method which allows the re-homing of individual telephone numbers to other End Office Switches and ensures the proper routing of calls to ported telephone numbers through the use of a database and the signaling network. The LRN solution interrupts call processing through the use of an Advanced Intelligent Network (AIN) trigger, commonly referred to as the LRN trigger. During this interruption , a query is launched to the LNP database in the signaling network and the call is re-addressed using the LRN information for the ported telephone number. The LRN will route the call to the proper End Office Switch destination. The actual routing of the call with either the dialed telephone number, for calls to non-ported telephone numbers, or the LRN , for calls to ported telephone numbers , observes the rules, protocols and requirements of the existing Public Office Dialing Plan (PODP). 10.2 Terms and Conditions 10.Qwest will provide Local Number Portability (LNP), also known as long- term number portability, in a non-discriminatory manner in compliance with the FCC' rules and regulations and the guidelines of the FCC's North American Numbering Council's (NANC) Local Number Portability Administration (LNPA) Working Group andthe Industry Numbering Committee (INC) of the Alliance for Telecommunications Industry Solutions (ATIS). Unless specifically excluded in Section 10., all telephone numbers assigned to an End User Customer are available to be ported through LNP. Mass calling events shall be handled in accordance with the industry s non-LRN recommendation (NANC's High Volume Call-In Networks dated February 18, 1998). 10.Each Party shall use reasonable efforts to facilitate the expeditious deployment of LNP. The Parties shall comply with the processes and implementation schedules for LNP deployment prescribed by the FCC. In accordance with industry Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 206 Section 10 Ancillary Services guidelines, the publications of LNP capable End Office Switches and the schedule and status for future deployment will be identified in the Local Exchange Routing Guide (LERG). 10.In connection with the provision of LNP , the Parties agree to support and comply with all relevant requirements or guidelines that are adopted by the FCC, or that are agreed to by the Telecommunications industry as a national industry standard. 10.2.4 Qwest will coordinate LNP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption , pursuant to Unbundled Loop provisions identified in Section 9 of this Agreement. CLEC will coordinate with Qwest for the transfer of the Qwest Unbundled Loop coincident with the transfer of the End User Customer s service to Qwest in a reasonable amount of time and with minimum service disruption. For coordination with Loop~ not associated with Qwest's Unbundled Loop offering, CLEC may order the LNP managed cut, as described in Section 10.5.4. 10.2.4.Parties understand that LNP order activity must be coordinated with facilities cutovers in order to ensure that the End User Customer is provided with uninterrupted service. If the Party porting the telephone number experiences problems with its port or provision of its Loop, and needs to delay or cancel the port and any Loop disconnection, that Party shall notify the other Party immediately. Parties will work cooperatively and take prompt action to delay or cancel the port and any Loop disconnection in accordance with industry (LNPA' National Number Porting Operations Team), accepted procedures to minimize End User Customer service disruptions. 10.2.4.Parties shall transmit a port create subscription or port concurrence message to the NPAC , in accordance with the FCC's LNPA Working Group s guidelines. Qwest will routinely send a concurrence message within the time frames established by the industry. 10.The Parties agree to implement LNP within the guidelines set forth by the generic technical requirements for LNP as specified in Section 21 of this Agreement. 10.Neither Party shall be required to provide Local Number Portability for telephone numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976 NXX number services). 10.After an End Office Switch becomes equipped with LNP, all NXXs assigned to that End Office Switch will be defined as portable, to the extent Technically Feasible , and translations will be changed in each Party s Switches so that the portable NXXs are available for LNP database queries. When an NXX is defined as portable , it will also be defined as portable in all LNP-capable End Office Switches that have direct trunks to the End Office Switch associated with the portable NXX. 10.Each Party shall offer Local Number Portability to End User Customers for any portion of an existing DID block without being required to port the entire block DID telephone numbers. Each Party shall permit End User Customers who port a portion of DID telephone numbers to retain DID service on the remaining portion of the DID telephone numbers. Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 207 Section 10 Ancillary Services 10.At the time of porting a telephone number via LNP from Qwest, Qwest shall ensure that the LlDB entry for that telephone number is de-provisioned if the Qwest LI DB is not being used by CLEC. 10.10 Both Parties agree to follow the LNP End Office Switch request process established by the Parties and in compliance with industry guidelines. 10.11 NXX Migration , or Local Exchange Routing Guide Reassignment reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the code is used solely for one End User Customer. Where one Party has activated an entire NXX for a single End User Customer, or activated a substantial portion of an NXX for a single End User Customer with the remaining telephone numbers in the NXX either reserved for future use or otherwise unused, if such End User Customer chooses to receive service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX reassigned to an End Office Switch operated by the second Party through the NANP administrator. In addition , both Parties agree to cooperate in arranging necessary updates and industry notification in the LERG (and associated industry databases, routing tables, etc.). Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead- times (as identified in the LERG and the Central Office Code Administration guidelines) for movement of NXXs from one End Office Switch to another. Other applications NXX migration will be discussed by the Parties as circumstances arise. 10.12 In connection with all LNP requests, the Parties agree to comply with the National Emergency Number Association (NENA) recommended standards for service provider Local Number Portability (NENA-02-011), as may be updated from time to time regarding unlocking and updating End User Customers' telephone number records in the 911/Automatic Location Information (All) database. The Current Service Provider shall send the 911 unlock record on the completion date of the order to the 911 database administrator. 10.13 Porting of Reserved Numbers. The End User Customers of each Party may port Reserved Numbers from one Party to the other Party via LNP. Qwest will port telephone numbers previously reserved by the End User Customer via the appropriate retail Tariffs until these reservations expire. Qwest will reserve telephone numbers in accordance with the FCC's rules. 10.14 'Limits on Subscriber Relocation. Qwest and CLEC agree that an End User Customer may geographically relocate at the same time as it ports its telephone number, using LNP , to the New Service Provider; provided, however, that the Current Service Provider may require that the End User Customer s relocation at the time of the port to the New Service Provider be limited to the geographic area represented by the NXX of the ported telephone number. The Current Service Provider may not impose a relocation limitation on the New Service Provider or the New Service Provider subscribers that is more restrictive than that which the Current Service Provider would impose upon its own subscribers with telephone numbers having the same NXX as the telephone number(s) being ported. In addition , the Current Service Provider may not impose any restrictions on relocation within the same Rate Center by a ported End User Customer while that End User Customer is served by the New Service Provider. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 208 Section 10 Ancillary Services 10.3 Service Management System 10.Each Party shall sign the appropriate NPAC user agreement(s) and obtain certification from the appropriate NPAC administrator(s) that the Party or the Party s Service Order Administration (SOA) and Local Service Management System (LSMS) vendor(s) has systems and equipment that are compatible with the NPAC' established protocols and that the application of such systems and equipment is compatible with the NPAC. 10.Each Party shall cooperate to facilitate the administration of the SMS through the process prescribed in the documents referenced in Section 21. 10.4 Database and Query Services 10.2.4.The LNP database provides the call routing information used by Qwest' End Office Switches and Tandem Switches to route CLEC's End User Customer s calls to a ported telephone number or to terminate calls to CLEC's End User Customers using a ported telephone number. Qwest shall perform default LNP queries where CLEC is unable to perform its own query. CLEC shall perform default LNP queries where Qwest is unable to perform its own query. Qwest query services and charges are defined in FCC Tariff #5 , including End Office and Tandem Switch Default Query Charges which are contained in Tariff Section 13 (Miscellaneous Service) and Database Query Charges which are contained in Tariff Section 20 (CCSAC Service Applications). 10.2.4.For local calls to a NXX in which at least one (1) telephone number has been ported via LNP at the request of CLEC , the Party that owns the originating Switch shall query an LNP database as soon as the call reaches the first LNP-capable Switch in the call path. The Party that owns the originating Switch shall query on a local call to a NXX in which at least one (1) telephone number has been ported via LNP prior to any attempts to route the call to any other Switch. Prior to the first telephone number in a NXX being ported via LNP at the request of CLEC, Qwest may query all calls directed to the NXX, subject to the Billing provisions as discussed in Section 10.2.4.1 and provided that Qwest queries shall not adversely affect the quality of service to CLEC's End User Customers as compared to the service Qwest provides its own End User Customers. 10.2.4.A Party shall be charged for a LNP query by the other Party only if the Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but failed to do so. Parties are not obligated to perform the LNP query prior to the first port requested in a NXX. 10.2.4.4 On calls originating from a Party s network, the Party will populate, if Technically Feasible , the Jurisdiction Information Parameter (JIP) with the first six digits of the originating LRN in the SS7 Initial Address Message. 10.2.4.Each Party shall cooperate in the process of porting telephone numbers from one Carrier to another so as to limit service outage for the ported End User Customer. Qwest shall update its LNP database from the NPAC SMS data within fifteen (15) minutes of receipt of a download from the NPAC SMS. Qwest Fourteen State Negotiations Template Version 1.50, October 18 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 209 10.5 Ordering Section Ancillary Services 10.Both Parties shall comply with ordering standards as developed by the industry and as described in Section 12 of this Agreement. LNP service is ordered via a Local Service Request and associated LNP forms. CLEC may order LNP either manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. 10.Standard Due Date Intervals. Service intervals for LNP are described below. These intervals include the time for Firm Order Confirmation (FOC). Orders received after 7:00 p.m. (mountain time) are considered the next business day. The following service intervals have been established for LNP: Telephone Numbers To Port Simple (1 FR/1 FB) 51 or more Complex (PBX Trunks , ISDN Centrex) 26 or more nterval* 3 business days (includes FOC 24 hr interval) 4 business days (includes FOC 24 hr interval) Project Basis 5 business days (includes FOC 24 hr interval) Project Basis Intervals for LNP with Unbundled Loops shall be governed by Section 9.2.4.of the Agreement. 10.Most LNP order activity is flow-through , meaning that the ten (10) digit unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically. CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be set automatically, although there may be some 'instances when Qwest or the Number Portability Administration Center/Service Management System (NPAC/SMS) will provide prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut is outside Qwest's normal business hours for LNP , Qwest will have personnel available in the repair center to assist in the event that CLEC experiences problems during thecut In addition , Qwest allows CLEC to request a managed cut on a 24 X 7 basis in those situations where a cut would otherwise have been flow-through, but where CLEC has a business need to have Qwest personnel dedicated to the cut. The terms and conditions for managed cuts are described in 10.5.4. 10.Qwest will set the ten (10) digit unconditional trigger for telephone numbers to be ported, unless technically infeasible, by 11 :59 p. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/lO/Agreements Number COS-050126-0049 210 Section 10 Ancillary Services (local time) on the business day preceding the scheduled port date. (A 10-digit unconditional trigger cannot be set for DID services in AXE10 and DMS10 End Office Switches thus managed cuts are required , at no charge.) The ten (10) digit unconditional trigger and End Office Switch translations associated with the End User Customer s telephone number will not be removed, nor will Qwest disconnect the End User Customer s Billing and account information , until 11 :59 m. (local time) of the next business day after the Due Date. CLEC is required. to make timely notifications of Due Date changes or cancellations by 8:00 p. (mountain time) on the Due Date through a supplemental LSR order. In the event CLEC does not make a ' timely notification CLEC may submit a late notification to Qwest as soon as possible but in no event later than 12:00 p. (mountain time) the next business day after the Due Date to Qwest' Interconnect Service Center in the manner set forth below. For a late notification properly submitted , Qwest agrees to use its best efforts to ensure that the End User Customer s service is not disconnected prior to 11 :59 p.m. of the next business day following the new Due Date or, in the case of a cancellation, no disruption of the End User Customer s existing service. Late notifications must be made by calling Qwest'Interconnect Service Center followed by CLEC submitting a confirming supplemental LSR order. 10.5.4 LNP Managed Cut With CLEC-Provided Loop: A managed cut permits CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7 basis. 10.5.4.The date and time for the managed cut requires up-front planning and may need to be coordinated between Qwest and CLEC. All requests will be processed on a first come, first served basis and are subject to Qwest's ability to meet a reasonable demand. Considerations such as system downtime, Switch upgrades , Switch maintenance, and the possibility of other CLECs requesting the same FDT in the same End Office Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Qwest will coordinate with CLEC for an agreed upon FDT, prior to issuing the Firm Order Confirmation (FOC). In special cases where a FDT must be agreed upon , the interval to reach agreement will not exceed two (2) days. addition, standard intervals will apply. 10.5.4.CLEC shall request a managed cut by submitting a Local Service Request (LSR) and designating this order as a managed cut in the remarks section of the LSR form. 10.5.4.CLEC will incur additional charges for the managed cut dependent upon the FDT. The rates are based upon whether the request is within Qwest's normal business hours or out of hours. Qwest's normal business hours are 7:00 a.m. to 7:00 p., End User Customer local time , Monday through Friday. The rate for managed cuts during normal business hours is the standard rate. The rate for managed cuts out of hours, except for Sundays and Holidays is the overtime rate. Sundays and Holidays are at premium rate. 10.5.4.4 Charges for managed cuts shall be based upon actual hours worked in one-half (Y2) hour increments. Exhibit of this Agreement contains the rates for managed cuts. CLEC understands and agrees that in the event CLEC Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS~050126-0049 211 Section 10 Ancillary Services does not make payment for managed cuts, unless disputed as permitted under Section 5.4 of this Agreement, Qwest shall not accept any new LSR requests for managed cuts. 10.5.4.Qwest will schedule the appropriate number of employees prior to the cut, normally not to exceed three (3) employees , based upon information provided by CLEC. CLEC will also have appropriate personnel scheduled for the negotiated FDT. If CLEC's information is modified during the cut, and, as a result, non-scheduled employees are required , CLEC shall be charged a three (3) hour minimum callout charge per each additional non-scheduled employee. If the cut is either cancelled, or supplemented to change the Due Date, within twenty-four (24) hours of the negotiated FDT CLEC will be charged a one person three (3) hour minimum charge. If the cut is cancelled due to a Qwest error or a new Due Date is requested by Qwest within twenty-four (24) hours the negotiated FDT , Qwest may be charged by CLEC one person three (3) hour minimum charge as set forth in Exhibit 10.5.4.In the event that the LNP managed cut 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 Qwest is in error no supplemental order or additional order will be required of CLEC. 10.6.4.Qwest shall ensure that any LNP order activity requested in conjunction with a managed cut shall be implemented in a manner that avoids interrupting service to the End User Customer, including, without limitation ensuring that the End User Customer s Qwest Loop will not be disconnected prior to confirmation that CLEC's Loop has been successfully installed. 10.6 Maintenance and Repair 10.Each Party is responsible for its own End User Customers and will havethe responsibility for resolution of any service trouble report(s) from its End User Customers. End User Customers will be instructed to report all cases of trouble to their Current Service Provider. 10.Each Party will provide its respective End User Customers the correct telephone numbers to call for access to its respective repair bureau. Each Party will provide its repair contact telephone numbers to one another on a reciprocal basis. 10.Qwest will work cooperatively with CLEC to isolate and resolve trouble reports. When the trouble condition has been isolated and found to be within a portion of the Qwest network Qwest will perform standard tests and isolate and repair the trouble within twenty-four (24) hours of receipt of the report. 10.6.4 Qwest will proactively test new Switch features and service offerings to ensure there are no problems with either the porting of telephone numbers or calls from Qwest End User Customers to CLEC End User Customers with ported telephone Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005I1hdNycera/IO/Agreements Number COS-050126-0049 212 Section 10 Ancillary Services numbers or vice versa. 10.7 Rate Elements 10.Qwest will comply with FCC and Commission rules on cost recovery for Local Number Portability. 10.911/E911 Service 10.1 Description 10.911 and E911 provides an End User Customer access to the applicable emergency service bureau , where available, by dialing a 3-digit universal telephone number (911). 10.Automatic Location Identification/Data Management System (ALI/DMS). The ALI/DMS database contains End User Customer information (including name address , telephone number, and sometimes special information from the Current Service Provider or End User Customer) used to determine to which Public Safety Answering Point (PSAP) to route the call. The ALI/DMS database is used to provide more routing flexibility for E911 calls than Basic 911. 10.Basic 911 directly connects to the PSAP all 911 calls from one or more local exchange End Office Switches that serve a geographic area. E911 provides additional Selective Routing flexibility for 911 calls. E911 uses End User Customer data contained in the ALI/DMS , to determine to which Public Safety Answering Point (PSAP) to route the call. 10.2 Terms and Conditions 10.Qwest will provide nondiscriminatory access to the same Basic 911 or Enhanced 911 features, functions and services that Qwest provides to its End User Customers. E911 functions provided to CLEC shall be at the same level of accuracy and reliability as for such support and services that Qwest provides to its End User Customers for such similar functionality. 10.In counties where Qwest has obligations under existing agreements as the primary provider of the 911 system to the county, CLEC will participate in the provision of the 911 System as described in Section 10. 10. services. Qwest shall conform to all state regulations concerning emergency 10.2.4 Qwest shall route E911 calls to the appropriate PSAP. 10.Each Party will be responsible for those portions of the 911 system for which it has total control , including any necessary maintenance to each Party s portion the 911 system. 10.Qwest will provide CLEC with the identification of the Qwest 911 controlling office that serves each geographic area served by CLEC. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 213 Section 10 Ancillary Services 10.Qwest will provide CLEC with the ten-digit telephone numbers of each PSAP agency, for which Qwest provides the 911 function, to be used by CLEC to acquire emergency telephone numbers for operators to handle emergency calls in those instances where CLEC's End User Customer dials "0" instead of 911"It shall be the responsibility of CLEC to verify or confirm the appropriate use of the contact information provided by Qwest with each PSAP prior to offering 911 calls or publication of such data. 10.If a third party is the primary service provider to a county, CLEC will negotiate separately with such third party with regard to the provision of 911 service to the county. All relations between such third party and CLEC are separate from this Agreement and Qwest makes no representations on behalf of the third party. 10.If CLEC is the primary service provider to the county, CLEC and Qwest will negotiate the specific provisions necessary for providing 911 service to the county and will include such provisions in an amendment to this Agreement. 10.10 CLEC will separately negotiate with each county regarding the collection and reimbursement to the county of applicable End User Customer taxes for 911 service. 10.11 CLEC is responsible for network management of its network components in compliance with the Network Reliability Council Recommendations and meeting the network standard of Qwest for the 911 call delivery. 10.12 The Parties shall provide a single point of contact to coordinate all activities ~nder this Agreement. 10.3.2.13 Neither Party will reimburse the other for any expenses incurred in the provision of E911 services. All costs incurred by the Parties for 911/E911 services shallbe billed to the appropriate PSAP. 10.14 Qwest's designated E911 database provider, an independent third party,will be responsible for maintaining the E911 database. CLEC shall have non- discriminatory unbundled access to the E911 database, including the listings of other LECs for purposes of providing 911 services related to the public health , safety and welfare. 10.3 E911 Database Updates 10.CLEC exchanges to be included in Qwest's E911 Database will indicated via written notice to the appropriate 911 authority (state agency or PSAP administrator or county) and will not require an amendment to this Agreement. 10.2 Qwest's designated E911 database provider, an independent third party, will be responsible for maintaining the E911 database. Qwest, or its designated database provider, will provide to CLEC an initial copy of the most recent Master Street Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge. MSAGs provided outside the quarterly schedule will be provided and charged on an Individual Case Basis. The data wi.ll be provided in computer readable format. Qwest shall provide CLEC access to the Master Street Address Guide at a level of accuracy and reliability that is equivalent to the access Qwest provides to itself. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 ' 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 214 Section 10 Ancillary Services 10.4 E911 Database Updates for Facilities-Based CLECs 10.3.4.Qwest will ensure that the 911 database entries for CLEC will be maintained with the same accuracy and reliability that Qwest maintains for Qwest's own End User Customers. 10.3.4.2 ,For Selective Routing table updates, facilities-based CLECs will negotiate directly with Qwest's database provider for the input and validation of End User Customer data into the Qwest Automatic Location Identification (All) database. CLEC will negotiate directly with the PSAP (or PSAP agency s) DMS/ALI provider for input End User Customer data into the All database. In most cases the Selective Routing table updates and the All database will be managed by the same provider. CLEC assumes all responsibility for the accuracy of the data that CLEC provides for MSAG preparation and E911 Database operation. 10.3.4.If it is facilities-based CLEC will provide End User Customer data to Qwest's agent for the Qwest All database utilizing NENA-02-010 Recommended Formats and Protocols For All Data Exchange standards. Qwest will furnish CLEC any variations to NENA recommendations required for All database input. 10.3.4.4 If it is facilities-based CLEC will provide End User Customer data to Qwest's database provider for Qwest's All database that is MSAG valid and meets all components of the NENA-02-011 Recommended Data Standards for Local Exchange Carriers , All Service Providers and 9-1 Jurisdictions standard format, as specified by Qwest. 10.3.4.If it is facilities-based , CLEC will update its End User Customer records provided to Qwest's database provider for Qwest's All database to agree with the 911 MSAG standards for its service areas. 10.3.4.6 Qwest's E911 database administrator, an independent third party, shall resolve failed Local Number Portability migrate records in accordance with the NENA standard , NENA-02-011 Sections 22B., for Qwest records where Qwest is the donor company as defined in the NENA standard. The Qwest E911 database administrator will compare CLEC's (i.e., recipient company as defined in the NENA standard) failed migrate records to the Regional Number Portability Administration Center s (NPAC) database once each business day to determine if the migrate record (i.e., ported telephone number) has been activated by the recipient company. If the migrate record has been activated by CLEC in the NPAC, the record shall be unlocked and the migrate record processed. If, at the end of ten (10) business days, the NPAC database does not show the migrate record as activated or the record owner identification does not match the migrate record will be rejected. The E911 database administrator will send reports regarding CLEC'failed migrate records (Le.755 error code) and rejected migrate records (Le., 760 error code) to CLEC or CLEC's designated database administrator. Qwest's E911 database administrator will also resolve failed migrate records for CLEC, if valid based on the NPAC database. 10.5 E911 Database Updates for Resale Based CLECs 10.For resold services, Qwest, or its designated database provider, will provide updates to the All database in a manner that is at the same level of accuracy Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005/lhdNycera/IO/ Agreements Number COS-050 126-0049 215 Section 10 Ancillary Services and reliability as such updates are provided for Qwest's End User Customers. For resold accounts, CLEC shall provide Qwest with accurate End User Customer location information to be updated to the ALI/DMS database. Qwest shall use its current process to update and maintain End User Customer information in the ALI/DMS database. 10.6 E911 Database Accuracy 10.E911 Da.tabase accuracy shall be measured jointly by the PSAPs and Qwest's database provider in a format supplied by Qwest. The reports shall be forwarded to CLEC by Qwest', database provider when relevant and will indicate incidents when incorrect or no All data is displayed. The reports provided to CLEC shall contain CLEC-specific information regarding CLEC's accounts. 10.Each discrepancy report will be jointly researched by Qwest and CLEC. Corrective action will be taken immediately by the responsible Party. 10.Each Party providing updates to the E911 database will be responsible for the accuracy of its End User Customer records. Each Party providing updates specifically agrees to indemnify and hold harmless the other Party from any claims damages, or suits related to the accuracy of End User Customer data provided for inclusion in the E911 Database. 10.6.4 Qwest and its vendor will provide non-discriminatory error correction for records submitted to the Automatic Location Identification (All) database. For resold accounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to correct the error, vendor will contact Qwest for error resolution. For errors referred to Qwest, Qwest will provide the corrections in a non-discriminatory manner. If Qwest is unable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the case of facilities-based CLECs, the vendor will interface directly with CLEC to resolve record errors. 10.7 E911 Interconnection 10.If required by CLEC, Qwest shall interconnect direct trunks from CLEC' network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be provided by CLEC. If provided by Qwest, such trunks will be provided on a non- discriminatory basis. Qwest shall provide special protection identification for CLEC 911 circuits in the same manner as Qwest provides for its 911 circuits. 10.The Parties shall establish a minimum of two (2) dedicated trunks from CLEC's Central Office to each Qwest 911/E911 Selective Router (Le., 911 Tandem Office) that serves the areas in which CLEC provides Exchange Service, for the provision of 911/E911 services and for access to all subtending PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for 911/E911 circuits , if facilities are available. When Qwest facilities are available Qwest will comply with diversity of facilities and systems as ordered by CLEC. Where there is alternate routing of 911/E911 calls to a PSAP in the event failures, Qwest shall make that alternate routing available to CLEC. 10.911 Interconnection Trunk Groups must be, at a minimum , DSO level trunks configured as a 2-wire analog interface or as part of a digital (1.544 Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 216 Section 1 Ancillary Services Mbps) interface. Either configuration must use Centralized Automatic Message Accounting (CAMA) type signaling with MF tones that will deliver Automatic Number Identification (ANI) with the voice portion of the call , or Signaling System 7 (SS7) if available (i.e., other signaling technology as available). All 911 Interconnection trunk groups must be capable of transmitting and receiving Baudot code necessary to support the use of Telecommunications Devices for the Deaf (TTY/TDDs). 10.Qwest shall begin restoration of 911/E911 trunking facilities immediately upon notification of failure or outage. Qwest must provide priority restoration of trunks or network outages on the same terms and conditions it provides itself. CLEC will be responsible for the isolation, coordination , and restoration of all 911 network maintenance problems to CLEC's demarcation. Qwest will be responsible for the coordination and restoration of all 911 network maintenance problems beyond the demarcation. Qwest repair service includes testing and diagnostic service from a remote location , dispatch of or in-person visit(s) of personnel. Where an on-site technician is determined to be required, a technician will be dispatched without delay. CLEC is responsible for advising Qwest of the circuit identification when notifying Qwest of a failure or outage. The Parties agree to work cooperatively and expeditiously to resolve any 911 outage. Qwest will refer network trouble to CLEC if no defect is found in Qwest' network. The Parties agree that 911 network problem resolution will be managed in an expeditious manner at all times. 10.For CLEC-identified 911 trunk blockages, Qwest agrees to take corrective action using the same trunking service procedures used for Qwest's own E911 trunk groups. 10.The Parties will cooperate in the routing of 911 traffic in those instances where the All/ANI information is not available on a particular 911 call. 10.7.4 For facilities-based CLEC using its own switch(es), Qwest shall provide 911 Interconnection , including the provision of dedicated trunks from CLEC End Office Switch to the 911 control office, at Parity with what Qwest provides itself. 10.For CLEC's resale local exchange lines, Qwest shall provide access to the same 911 trunks used for Qwest's retail End User Customers which extend from the Qwest End Office Switch to the Basic 911 PSAP or the E911 Tandem Switch. CLEC access to such 911 trunks shall be on a shared, non-discriminatory basis. 10.8 E911 and Number Portability 10.When a Qwest telephone number is ported out, receiving CLEC shall be responsible to update the ALI/DMS database. When a CLEC telephone number is ported in , Qwest shall be responsible to update the ALI/DMS database. 10.When Remote Call Forwarding (RCF) is used to provide number portability to the End User and a remark or other appropriate field information available in the database, the shadow or "forwarded-" number and an indication that the number is ported shall be added to the End User record by CLEC. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 217 Section 10 Ancillary Services 10.9 Public Switch/Automatic Location Identification (PS/ALI) Service 10.PS/ALI Description 10.Private Switch/Automatic Location Identification (PS/ALI) Service provides End User Customers using a private telephone Switch, such as Private Branch Exchanges (PBXs) and some CentrexlCentron, with the Selective Routing and/or Automatic Location Identification (SRIALI) feature(s) of E911 for individual telephone stations served by the PBX or CentrexlCentron. The PS/ALI capability allows for the storage and retrieval of Automatic Location Identification and/or the Selective Routing of that call to the appropriate Public Safety Answering Point (PSAP). 10.2 CLEC's PS/ALI End User Customer systems are viewed as a Serving Wire Center within the E911 network. The Automatic Number Identification (ANI) generated by the PBX/Centrex/Centron will be read processed , and utilized as if it were a typical End Office Switch. The E911 will route the E911 PS/ALI call to the appropriate PSAP based on the ANI received , or the default Emergency Service Number (ESN). Upon receipt of the information, the PSAP forwards the ANI information to the All database over an existing data network, where it is then used to retrieve the stored station name address and location information. The PSAP monitor then displays the station address and location' information for handling by the emergency response personnel. 10.The PS/ALI capability consists of the All database updates and transport of PS/ALI calls to an E911 SR or to the appropriate PSAP. 10.PS/ALI Terms and Conditions 10.PS/ALI service is only available in areas where E911 is currently supported. PS/ALI is not available with Basic 911 service. 10.CLEC or CLEC's PS/ALI End User Customer is responsible for establishing and maintaining the E911 database records for the PBXlCentrexlCentron. CLEC or CLEC's PS/ALI End User Customer shall provide the PBXlCentrexlCentron All information to Qwest's designated E911 database provider. PS/ALI information includes the name, address and location information for each station behind the PBXlCentrexlCentron. Qwest does not guarantee or confirm the accuracy of End User Customer provided information. 10.When the station user dials 911 , the PBXlCentrexlCentron must be able to recognize the digits as a complete dialing code. (In some systems, it may be necessary to dial a single digit network access code before dialing 911 i.e., dial "9" to make a call outside of the private Switch prior to dialing 911). The PBXlCentrexlCentron must provide a full seven (7) digit numbering system and the associated ANI for every station within the private Switch. If the seven (7) digit telephone number is not dialable, CLEC's PS/ALI End User Customer is responsible to identify the associated call back telephone number to populated in the database. PS/ALI Service is not available with Digital Switched Service (DSS). PS/ALI is available over Primary Rate Interface (PRI) trunks. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/1hdNyceraIlO/Agreements Number COS-050126-0049 218 Section 10 Ancillary Services CLEC's PS/ALI End User Customer uses Integrated Service Digital Network Primary Rate Interface (ISDN-PRI) to provide PS/ALI , special Centralized Automatic Accounting (CAMA) trunks are not required. 10.2.4 For PS/ALI resold service CLEC shall meet the terms and conditions for Qwest's PS/ALI retail product. 10.PS/ALI Database Updates 10.1 Qwest's designated E911 database provider, an independent third party, will be responsible for maintaining the PS/ALI E911 database. Qwest's E911 database provider will provide CLEC's PS/ALI End User Customer with the specific PC based PS/ALI software requirements to access and update the All database with their station name, address and location information. 10.2 CLEC's PS/ALI End User Customer will provide the input and validation of station data directly into the All database. CLEC's PS/ALI End User Customer will provide station data to Qwest's All database provider that is . Master Street Address Guide (MSAG) valid and utilizes National Emergency Number Association (NENA) guidelines. PS/ALI follows the NENA-02-010 Recommended Formats and Protocols For All Data Exchange, NENA-02-011 Recommended Data Standards for Local Exchange Carriers (LEC), All Service Providers and 911 Jurisdictions. Qwest will furnish CLECwith any variations to NENA recommendations required for PS/ALI database input. 10.9.4 PS/ALI Database Accuracy 10.9.4.PS/ALI database accuracy shall be measured jointly by the PSAPs and Qwest's database provider. The reports shall be forwarded to CLEC or CLEC's PS/ALI End User Customer by Qwest's database provider when relevant and will indicate incidents when incorrect or no All data is displayed. The responsible Party will take corrective action immediately. 10.9.4.Each Party providing PS/ALI updates to the E911 database will be responsible for the accuracy of its records. 10.PS/ALllnterconnection . . 10.1 Facilities-based CLEC using its own switch(es) shall interconnect direct trunks from CLEC's network to the PSAP or the E911 tandem (Selective Router), in accordance with the terms and conditions identified in E911 Interconnection If technically capable , CLEC may route PS/ALI calls over CLEC's existing E911 Interconnection trunks. In some instances technical requirements may necessitate provisioning dedicated PS/ALI CAMA trunks between either CLEC's Switch and the E911 Selective Router or PSAP or between CLEC's PS/ALI End User Customer PBX/CentrexlCentron and the E911 Selective Router or PSAP. In these instances the dedicated PS/ALI ES CAMA trunks must comply with the terms and conditions of standard E911 ntercon nection. 10.For reseller CLEC , CLEC'PS/ALI End User Customer is Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/1hdNycera/l 01 Agreements Number COS-050 126-0049 219 Section 10 Ancillary Services required to install a minimum of two (2) trunks for each main location listed where the PBXlCentrexfCentron resides on an End User Customer s premises to the 911 system. The dedicated PS/ALI ES CAMA trunks will comply with the terms and conditions of standard E911 Interconnection. PS/ALI service is available in some Qwest End Office Switches over PRI trunks. If CLEC's PS/ALI End User Customer uses ISDN PRI to provide PS/ALI , special CAMA trunks are not required. Dedicated circuits are not required for Centron service. 10.PS/ALI Rate Elements 10.Rates and charges for PS/ALI service will be assessed based on CLEC's specific requirements. Both nonrecurring and monthly recurring rates may be applicable as shown in Exhibit A. Rate elements for PS/ALI include charges for establishing the service account with the E911 database provider trunks, transport, Selective Routing, and All service features , storage and retrieval. 10.PS/ALI Ordering 10. Ordering Facilities-based CLEC Using its Own Switch(es) - PS/ALI 10.Once all critical information has been obtained and agreed upon in the PS/ALI joint planning meeting, CLEC'PS/ALI Interconnection arrangement will determine the ordering process to be followed. If CLEC is planning on routing PS/ALI traffic over an existing E911 ES trunk group, and capacity exists to handle the additional PS/ALI traffic, CLEC will not be required to issue any changes to the existing E911 Interconnection arrangement. If CLEC determines that a new dedicated PS/ALI ES trunk group is required to route PS/ALI traffic from CLEC Switch to the Qwest SR, CLEC will follow the process outlined in the PCAT E911 ordering section. 10.All service features may be ordered from Qwest or directly from the third party database provider. If ordering from Qwest CLEC will use the ASR process. If ordering directly from the third party provider, CLEC will need to establish service with the third party provider for-the PS/ALI update, storage and retrieval capability. 10.Resale - PS/ALI Ordering 10.7.2.Orders for Resold PS/ALI are submitted using the Local Service Ordering Guidelines (LSOG) and should be placed via the Interconnect Mediated Access Graphical User Interface (IMA GUI) or Interconnect Mediated Access Electronic Data Interexchange (IMA EDI). 10.PS/ALI Billing 10.Upon completion of implementation of the PS/ALI servIce Qwest will initiate PS/ALI nonrecurring and recurring Billing. Qwest Fourteen State Negotiations Template Version 1.50, October 18, 2004 26-2005/lhdNycera/l 0/ Agreements Nu mber COS-050 126-0049 220 Section 10 Ancillary Services 10.White Pages Directory Listings 10.1 Description White Pages Listings Service (Listings) consists of Qwest placing the names, addresses and telephone numbers of CLEC's End User Customers in Qwest's Listings database , based on End User Customer information provided to Qwest by CLEC. Qwest is authorized to use CLEC End User Customer Listings as noted below. 10.2 Terms and Conditions 10.4.CLEC will provide in standard format, by mechanized or by manual transmission to Qwest, its primary, premium and privacy Listings. Qwest will accept one (1) primary Listing for each main telephone number belonging to CLEC's End User Customers at no charge. 10.4.CLEC will be charged for premium Listings (e., additional , foreign cross-reference) and privacy Listings (i.e., nonlisted and non published) at Qwest' General Exchange Listing Tariff rates, less the wholesale discount, as described in Exhibit A. Primary Listings and other types of Listings are defined in the Qwest General Exchange Tariffs. 10.4.Information on submitting and updating Listings is available in "Facility Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User Document." Qwest will furnish CLEC the Listings format specifications. Directory publishing schedules and deadlines for Qwest'official directory publisher will be provided to CLEC. 10.4.2.4 If CLEC provides its End User Customer Listings to Qwest CLEC grants Qwest access to CLEC's End User Customer Listings information for use in its Directory Assistance Service, and for other lawful purposes , except that CLEC's Listings supplied to Qwest by CLEC and marked as nonpublished or nonlisted Listings shall not be used for marketing purposes subject to the terms and conditions of this Agreement. Qwest will incorporate CLEC End User Customer Listings in the Directory Assistance. Database. Qwest will incorporate CLEC's End User Customer Listings information in all existing and future Directory Assistance applications developed by Qwest. Should Qwest cease to be a Telecommunications Carrier, by virtue of a divestiture, merger or other transaction , this access grant automatically terminates. 10.4.CLEC End User Customer Listings will be treated the same as Qwest' End User Customer Listings. Prior written authorization from CLEC, which authorization may be withheld , shall be required for Qwest to sell , make available, or release CLEC' End User Customer Listings to directory publishers, or other third parties other than Directory Assistance providers. No prior authorization from CLEC shall be required for Qwest to sell , make available, or release CLEC's End User Customer Directory Assistance Listings to Directory Assistance providers. Listings shall not be provided or sold in such a manner as to segregate End User Customers by Carrier. Qwest will not charge CLEC for updating and maintaining Qwest's Listings databases. CLEC will not receive compensation from Qwest for any sale of Listings by Qwest as provided for under this Agreement. 10.4.To the extent that state Tariffs limit Qwest's liability with regard to Listings Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 221 Section 1 Ancillary Services the applicable state Tariff(s) is incorporated herein and supersedes the Limitation Liability section of this Agreement with respect to Listings only. 10.4.7 Qwest , is responsible for maintaining Listings including entering, changing, correcting, rearranging and removing Listings in accordance with CLEC orders. 10.4.Qwest provides non-discriminatory appearance and integration of white pages Listings for all CLEC's and Qwest's End User Customers. All requests for white pages Directory Listings, whether CLEC or Qwest End User Customers , follow the same processes for entry into the Listings database. 10.4.Qwest will take reasonable steps in accordance with industry practices to accommodate non published and nonlisted Listings provided that CLEC has supplied Qwest the necessary privacy indicators on such Listings. 10.4.10 CLEC white pages Listings will be in the same font and size as Listings for Qwest End User Customers , and will not be separately classified. 10.4.11 Qwest processes for publication of white pages Directory Listings will make no distinction between CLEC and Qwest subscribers. CLEC Listings will be provided with the same accuracy and reliability as Qwest's End User Customer Listings. Qwest will ensure CLEC Listings provided to Qwest are included in the white pages directory published on Qwest's behalf using the same methods and procedures, and under the same terms and conditions, as Qwest uses for its own End User Customer Listings. 10.4.12 Qwest shall ensure its third party publisher distributes appropriate alphabetical and classified directories (white and yellow pages) and recycling services to CLEC End User Customers at Parity with Qwest End User Customers, including providing directories a) upon establishment of new service; b) during annual mass distribution; and c) upon End User Customer request. 10.4.13 CLEC shall use commercially reasonable efforts to ensure that Listings provided to Qwest are accurate and complete. All third party Listings information provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all Listings information provided to Qwest, including End User Customer requested restrictions on use , such as nonpublished and nonlisted restrictions. 10.4.Intentionally Left Blank. 10.4.15 CLEC shall be solely responsible for knowing and adhering to state lawsor rulings regarding Listings and for supplying Qwest with the applicable Listing information. 10.4.16 CLEC agrees to provide to Qwest its End User Customer names addresses and telephone numbers in a standard mechanized or manual format, as specified by Qwest. 10.4.17 CLEC will supply its ACNNCIC or CLCC/OCN, as appropriate, with each order to provide Qwest the means of identifying Listings ownership. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 222 Section 10 Ancillary Services 10.4.18 Prior to placing Listings orders on behalf of End User Customers, CLEC shall be responsible for obtaining, and have in its possession , Proof of Authorization (POA), as set forth in Section 5.of this Agreement. 10.4.19 Qwest will provide monthly Listing verification proofs that provide the data to be displayed in the published white pages directory and available on , Directory Assistance. Verification proofs containing nonpublished and non listed Listings are also available upon request on the same monthly schedule. 10.4.20 Qwest will provide CLEC a reasonable opportunity to verify the accuracy of the Listings to be included in the white pages directory and Directory Assistance. 10.4.21 CLEC may review and if necessary edit the white page Listings prior to the close date for publication in the directory. 10.4.22 CLEC is responsible for all dealings with , and on behalf CLEC's End User Customers , including: 10.4.22.All End User Customer account activity (e., End User Customer queries and complaints); 10.4.22.All account maintenance activity (e., additions, changes issuance of orders for Listings to Qwest); 10.4.22.Determining privacy requirements and accurately coding the privacy indicators for CLEC's End User Customer information (if End User Customer information provided by CLEC to Qwest does not contain a privacy indicator, no privacy restrictions will apply); and 10.4.22.4 Customers. Any additional services requested by CLEC'End, User 10.4.23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the Telecommunications Act Qwest will provide subscriber list information gathered Qwest's capacity as a provider of Local Exchange Service on a timely basis , under non- discriminatory and reasonable rates, terms and conditions to CLEC upon request for the purpose of publishing directories in any format. Rates may be subject to federal or state law or rules , as appropriate. Upon request by CLEC, Qwest shall enter into negotiations with CLEC for CLEC's use of subscriber list information for purposes other than publishing directories, and Qwest and CLEC will enter into a written contract if agreement is reached for such use. 10.4.23.Qwest shall use commercially reasonable efforts to ensure that its retail End User Customer Listings provided to CLEC are accurate and complete. Any third party Listings are provided AS IS WITH ALL FAULTS. Qwest further represents that it shall review all its retail End User Customer Listings information provided to CLEC including End User Customer requested restrictions on use, such as nonpublished and nonlisted restrictions. 10.4.24 Qwest represents and warrants that any arrangement for the publication of white pages Directory Listings with an Affiliate or contractor, requires such Affiliate or Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/IOI Agreements Number COS-050 126-0049 223 Section 10 Ancillary Services contractor to publish the Directory Listings of CLEC contained in Qwest'Listings database so that CLEC's Directory Listings are non-discriminatory in appearance and integration, and have the same accuracy and reliability that such Affiliate or contractor provides to Qwest's End User Customers. 10.4.25 Qwest further agrees that any arrangements for the publication of white pages Directory Listings with an Affiliate or contractor shall require such Affiliate or contractor to include in the customer guide pages of the white pages directory, a notice that End User Customers should contact their Current Service Provider to request any modifications to their existing Listing or to request a new Listing. 10.4.26 Qwest agrees that any arrangement with an Affiliate or contractor for the publication of white pages Directory Listings shall require such Affiliate or contractor to provide CLEC space in the Customer guide pages of the white pages directory for the purpose of notifying EndUser Customers how to reach CLEC to: (1) request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an account representative; (5) request buried cable locate service; and (6) contact the special needs center for End User Customers with disabilities. 10.3 Rate Elements The following rate elements apply to White Pages Listings and are contained in Exhibit A of this Agreement. 10.4.Primary Listings; and 10.4.Premium/Privacy Listings. 10.4 Ordering Process 10.4.4.Qwest provides trafning on white page Listings requests and submission processes. The ordering process is similar to the service ordering process. 10.4.4.CLEC Listings can be submitted for inclusion in Qwest white pages directories according to the directions in the Qwest Listings User Documents for Facility-Based and Reseller CLECs , which is available on-line through the PCA (http://www.qwest.com/whoiesale/pcat/) or will be provided in hard copy to CLEC upon request. Initial information and directions are available in the PCAT. 10.4.4.CLEC can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI , IMA-GUI, or fax. 10.Directory Assistance 10.1 Description 10.Directory Assistance Service is a telephone number, voice Information Service that Qwest provides to its own End User Customers and to other Telecommunications Carriers. Qwest provides CLEC non-discriminatory access to Qwest's Directory Assistance centers, services and Directory Assistance Databases. There are three (3) forms of Directory Assistance Services available pursuant to this Agreement -- Directory Assistance Service , Directory Assistance List Services and Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 224 Section 10 Ancillary Services Directory Assistance Database Service. These services are available with CLEC- specific branding, generic branding and Directory Assistance Call Completion Link options. Qwest will provide CLEC with non-discriminatory access to its Directory Assistance Service. Directory Assistance Service is provided to CLEC for resale with resold local exchange lines at the wholesale discount as described in Exhibit A. Directory Assistance Service is provided to CLEC as a facilities-based provider pursuant to Section 251 (b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) the Act are not applicable. Directory Assistance Service shall be provided to CLEC as a facilities-based provider at the rates described in Exhibit A. 10.Directory Assistance Service. The published and non-listed telephone numbers provided within the relevant geographic area are those contained in Qwest's then current Directory Assistance Database. 10.Local Directory Assistance Service -- Allows CLEC' End User Customers to receive published and non-listed telephone numbers within the caller NPNLATA geographic areas, whichever is greater. 10.National Directory Assistance Service -- Allows CLEC's End User Customers to receive Listings from Qwest's Local Directory Assistance Database and from the database of the National Directory Assistance Services vendor selected by Qwest. National Directory Assistance Service includes Local Directory Assistance Service. 10.Call Branding Service - Allows CLEC's End User Customers to receive the service options listed in 10.1 and 10.2 branded with the brand of CLEC , where Technically Feasible or with a generic brand. Call Branding announces CLEC's name CLEC's End User Customer at the start and completion of the' call. Call Branding is an optional service available to CLEC.a) Front End Brand - Announces CLEC's name to CLEC' End User Customer at the start of the call. There is a nonrecurring charge to setup and record the Front End Brand message. b) Back End Brand - Announces CLEC's name to CLEC' End User Customer at the completion of the call. There is a nonrecurring charge to setup and record the Back End Brand message.c) There is a nonrecurring charge to load CLEC's branded message in each Switch. Qwest will record CLEC's branded message. 10.1.4 Call Completion Link allows CLEC's End User Customers' calls to be returned to CLEC for completion on CLEC' network, where available. There is a recurring charge per call. Qwest Fourteen State Negotiations Template Version 1.50, October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 225 Section 10 Ancillary Services 10.Directory Assistance List Service -- Directory Assistance List Service is the access to Qwest's Directory Listings for subscribers within Qwest' fourteen (14) states for the purpose of providing Directory Assistance Service to its local exchange End User Customers subject to the terms and conditions this Agreement. See Section 10.6 for terms and conditions relating to the Directory Assistance List Services. 10.If CLEC elects to build its own Directory Assistance Service , it can obtain Qwest Directory Listings through the purchase the Directory Assistance List. 10.Directory Assistance Database Service -- Qwest shall provide CLEC non-discriminatory access to Qwest's Directory Assistance Database or Directory1" database , where Technically Feasible, on a "per dip" basis. 1 0.2 Terms and Conditions 1 0.Qwest will provide CLEC non-discriminatory access to Qwest's Directory Assistance Databases, Directory Assistance centers and personnel to provide Directory Assistance Service. 10.2 Qwest'Directory Assistance Database contains only those published and non-listed telephone number Listings obtained by Qwest from its own End User Customers and other Telecommunications Carriers. 10.Qwest will provide access to Directory Assistance Service for facilities- based CLEC using its own switch(es) via dedicated multi-frequency (MF) operator service trunks. CLEC may purchase operator service trunks from Qwest or provide them itself. These operator service trunks will be connected directly to a Qwest Directory Assistance host or remote Switch. CLEC will be required to order or provide at least one (1) operator services trunk for each NPA served. 10.2.4 Qwest will perform Directory Assistance Services for CLEC in accordance with operating methods, practices , and standards in effect for all Qwest End User Customers. Qwest will provide the same priority of handling for CLEC's End User Customer calls to Qwest's Directory Assistance Service as it provides for its own End User Customer calls. Calls to Qwest's Directory Assistance are handled on a first come first served basis, without regard to whether calls are originated by CLEC or Qwest End User Customers. 10.Call Branding for Directory Assistance will entail recording and setting up a brand message. Dedicated interoffice facilities are required. 10.Call Completion Link requires dedicated interoffice facilities. 10.If CLEC elects to access the Qwest Directory Assistance Databases on a per dip basis Qwest will provide to CLEC the facility and equipment specifications necessary to enable CLEC to obtain compatible facilities and equipment. 10.Reseller CLEC's End User Customers may use the same dialing pattern to access Directory Assistance Service as used by Qwest's End User Customers (Le. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 226 Section 10 Ancillary Services 411 1+411 , or 1+NPA+555-1212). 10.9 Facilities-based CLEC using its own switch(es) may choose to have its End User Customers dial a unique number or use the same dialing pattern as Qwest End User Customers to access Qwest Directory Assistance operators. 10.10 Qwest will timely enter into its Directory Assistance Database updates CLEC's Listings. Qwest will implement quality assurance procedures such as random testing for Listing accuracy. Qwest will identify itself to End User Customers calling its Directory Assistance Service provided for itself either by company name or operating company name or operating company number so that End User Customers have a means to identify with whom they are dealing. 10.10.In accordance with Section 18 , CLEC may request a comprehensive audit of Qwest's use of CLEC's Directory Assistance Listings. In addition to the terms specified in Section 18 , the following also apply: as used herein , " Audit" shall mean a comprehensive review of the other Party s delivery and use of the Directory Assistance Listings provided hereunder and such other Party s performance of its obligations under this Agreement. CLEC may perform up to two (2) audits per twelve (12) month period commencing with the Effective Date of this Agreement of Qwest's use of CLEC's Directory Assistance Listings in Qwest'Directory Assistance Service. CLEC shall be entitled to "seed" or specially code some or all of the Directorjf Assistance Listings that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in this Agreement. 10.11 Qwest shall use CLEC's Directory Assistance Listings supplied to Qwest by CLEC under the terms of this Agreement for purposes of providing Directory Assistance Service and for providing Directory Assistance List nformation to Directory Assistance providers, and for other lawful purposes , except that CLEC'Directory Assistance Listings supplied to Qwest by CLEC and marked as nonpublished or nonlisted Listings shall not be used for marketing purposes. 10.3 Rate Elements The following rate elements apply to Directory Assistance Service and are contained in Exhibit of this Agreement. 10.A per call rate is applicable for Local Directory Assistance and National Directory Assistance Service selected by CLEC. 10.A nonrecurring setup and recording fee will be charged for establishing each Call Branding option. A nonrecurring charge to load CLEC's brand in each Switch is also applicable. Such nonrecurring fees must be paid before service commences. 10.A per call rate is applicable for Call Completion Link. 10.5.4 Ordering Process CLEC will order Directory Assistance Service by completing the questionnaire entitled "Qwest Operator Services/Directory Assistance Questionnaire for Local Service Providers.This questionnaire may be obtained from CLEC's Qwest account manager. Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 227 Section 1 Ancillary Services 10.5 Billing 10.Qwest will track and bill CLEC for the number of calls placed to Qwest' Directory Assistance Service by CLEC's End User Customers as well as for the number of requests for Call Completion Link. 10.For purposes of determining when CLEC is obligated to pay the per call rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is received by the operator services Switch. An End User Customer may request and receive no more than two (2) telephone numbers per Directory Assistance call. Qwest will not credit, rebate or waive the per call charge due to any failure to provide a telephone number. 10.Call Completion Link will be charged at the per call rate when the End User Customer completes the required action (i.e. , " press the number one " " stay on the line " etc. 10.Directory Assistance List 10.1 Description 10.Directory Assistance List (DA List) information consists of name, address and telephone number information for all End User Customers of Qwest and other LECs that are contained in Qwest'Directory Assistance Database and, where available related elements required in the provision of Directory Assistance Service to CLEC's End User Customers. No prior authorization from CLEC shall be required for Qwest to sell make available , or release CLEC's End User Customer Directory Assistance Listings to Directory Assistance providers. I n the case of End User Customers who have non- published Listings, Qwest shall provide the End User Customer s local Numbering Plan Area (NPA), address, and an indicator to identify the non-published status of the Listing to CLEC; however, Qwest will not provide the non-published telephone number. Directory Assistance List service is provided pursuant to Section 251 (b )(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. Directory Assistance List service shall be provided to CLEC at market-based rates as described in Exhibit A. 10.Qwest will provide DA List information via initial loads and daily updates by means of Network Data Mover (NDM) or as otherwise mutually agreed upon by the Parties. Qwest will provide all changes, additions or deletions to the DA List information overnight on a daily basis. The Parties will use a mutually agreed upon format for the data loads. 10.DA List information shall specify whether the Qwest End User Customer is a residential , business, or government subscriber, and the Listings of other Carriers , will specify such information where it has been provided on the Carrier s Listing order. 10.1.4 In the event CLEC requires a reload of DA List information from Qwest' database in order to validate, synchronize or reconcile its database, a reload will be made available according to the rate specified in Exhibit A. 10.Qwest and CLEC will cooperate in the designation of a location to which Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 228 Section 10 Ancillary Services the data will be provided. 10.2 Terms and Conditions 10.Qwest grants to CLEC, as a competing provider of telephone Exchange Service and telephone toll service, access to the Directory Assistance List information Option 1) solely for the purpose of providing Directory Assistance Services, or Option 2) for purposes of providing Directory Assistance Services and for other lawful purposes except that Listings included in Qwest'Directory Assistance List information and marked as non-published or non-listed Listings , or Listings marked with an "omit from lists" indicator shall not be used for marketing purposes, subject to the terms and conditions of this Agreement. CLEC will advise Qwest when it orders Qwest's Directory Assistance List information whether it chooses Option 1 or 2. As it pertains to the use Directory Assistance List information in this Agreement , " Directory Assistance Service shall mean the provision , by CLEC via a live operator or a mechanized system telephone number and address information for an identified telephone service End User Customer or the name and/or address of the telephone service End User Customer for an identified telephone number. Should CLEC cease to be a Telecommunications Carrier, a competing provider of telephone Exchange Service or telephone toll service this access grant automatically terminates. 10.Qwest shall make commercially reasonable efforts to ensure that Listings belonging to Qwest retail End User Customers provided to CLEC in Qwest's DA List information are accurate and complete. All third party DA List information is provided AS IS WITH ALL FAULTS. Qwest further represents that it shall review all of its End User Customer Listings information provided to CLEC , including End User Customer requested restrictions on use, such as non- published and non-listed restrictions. 10.CLEC will obtain and timely enter into its Directory Assistance Database daily updates of the DA List information, will implement quality assurance procedures such as random testing for Directory Assistance Listing accuracy, and will identify itself to End User Customers calling its DA Service either by company name or operating company number so that End User Customers have a means to identify with whom they are dealing. 10.Intentionally Left Blank. 10.2.4 Qwest shall retain all right, title, interest and ownership in and to the DA Listing information it provides hereunder. CLEC acknowledges and understands that while it may disclose the names, addresses, and telephone numbers (or an indication non-published status) of Qwest's End User Customers to a third party calling its Directory Assistance for such information, the fact that such End User Customer subscribes to Qwest's Telecommunications Services is Confidential and Proprietary Information and shall not be disclosed to any third party. 10.CLEC shall not sublicense , copy or allow any third party to access download, copy or use the DA List information, or any portions thereof, or any information extracted therefrom. Each Party shall take commercially reasonable and prudent measures to prevent disclosure and unauthorized use of Qwest's DA List information at least equal to the measures it takes to protect its own Confidential and Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 229 Section 10 Ancillary Services Proprietary Information , including but not limited to implementing adequate computer security measures to prevent unauthorized access to Qwest's DA List information when contained in any database. 10.Unauthorized use of Qwest's DA List information , or any disclosure to a third party of the fact that an End User Customer, whose Listing is furnished in the DA List, subscribes to Qwest', another Local Exchange Carrier , Reseller or CMRS'Telecommunications Services shall be considered a material breach of this Agreement and shall be resolved under the Dispute Resolution provisions of this Agreement. 10.Within five (5) Days after the expiration or earlier termination of this Agreement, CLEC shall (a) return and cease using any and all DA List information which it has in its possession or control, (b) extract and expunge any and all copies of such DA List information , any portions thereof, and any and all information extracted therefrom from its files and records, whether in print or electronic form or in any other media whatsoever, and ( c) provide a written certification to Qwest from an officer that all of the foregoing actions have been completed. A copy of this certification may be provided to third party Carriers if the certification pertains to such Carriers DA List information contained in Qwest's database. 10.CLEC is responsible for ensuring that it has proper security measures in place to protect the privacy of the End User Customer information contained within the DA List information. CLEC must remove from its database any telephone number for an End User Customer whose Listing has become non-published when so notified by Qwest. 10.Audits -- In accordance with Section 18 , Qwest may request a comprehensive audit of CLEC's use of the DA List information. In addition to the terms specified in Section 18, the following also apply: 10.As used herein , " Audit" shall mean a comprehensive review the other Party s delivery and use of the DA List information provided hereunder and such other Party s performance of its obligations under this Agreement. Either Party (the Requesting Party) may perform up to two (2) Audits per twelve (12) month period commencing with the Effective Date of this Agreement. Qwest shall be entitled to "seed" or specially code some or all of the DA List information that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in Section 10.2 above. 10.All paper and electronic records will be subject to Audit. 10.CLEC recognizes that certain Carriers who have provided DA List information that is included in Qwest's database may be third party beneficiaries of this Agreement for purposes of enforcing any terms and conditions of the Agreement other than payment terms with respect to their DA List information. 10.10 Qwe$t will provide a non-discriminatory process and procedure for contacting End User Customers with non-published telephone numbers in emergency situations for non-published telephone numbers that are included in Qwest's Directory Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/lhdNycera/1 0/ Agreements Number COS-050 126-0049 230 Section 10 Ancillary Services Assistance Database. Such process and procedure will be available to CLEC for CLEC's use when CLEC provides its own Directory Assistance and purchases Qwest' Directory Assistance List product. 10.Rate Elements Recurring and nonrecurring rate elements for DA List information are described below and are contained in Exhibit A of this Agreement. 10.Initial Database Load -- A "snapshot" of data in the Qwest DA List information database or portion of the database at the time the order is received. 10.Reload -- A "snapshot" of the data in the Qwest DA List information database or portion of the database required in order to refresh the data in CLEC' database. 10.Daily Updates -- Daily change activity affecting DA List information in the Listings database. 10.3.4 One-Time Set-Up Fees -- Charges for special database loads. 10.Output Charges -- Media charges resulting from either the electronic transmission or tape delivery of the DA List information, including any shipping costs. 10.4 Ordering 10.6.4.CLEC may' order the initial DA List information load or update files for Qwest'local Exchange Service areas in its 14 state operating territory or where Technically Feasible, CLEC may order the initial DA List information load or update files by Qwest White Page Directory Code or NPA. 10.6.4.Special requests for data at specific geographic levels (such as NPA) must be negotiated in order to address data integrity issues. 10.6.4. PCAT. CLEC shall use the Directory Assistance List Order Form found in the 10.Toll and Assistance Operator Services 10.1 Description 10.Toll and assistance operator services are a family of offerings that assist End User Customers in completing EAS/local and long distance calls. Qwest provides non-discriminatory access to Qwest operator service centers, services and personnel. Qwest will provide CLEC with non-discriminatory access to its operator services. Toll and assistance operator services are provided to CLEC for resale with resold local exchange lines at the wholesale discount as described in Exhibit A. Toll and assistance operator services are provided to CLEC as a facilities-based provider pursuant to Section 251 (b)(3) of the Act. As such , the pricing requirements of Section 252(d)(1) the Act are not applicable. Toll and assistance operator services shall be provided to CLEC as a facilities-based provider at the rates described in Exhibit A. Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/lO/Agreements Number COS-050126-0049 231 Section 10 Ancillary Services 10.Local Assistance. Assists CLEC End User Customers requesting help or information on placing or completing EAS/local calls , connects CLEC End User Customers to home NPA Directory Assistance, and provides other information and guidance, including referral to the business office and repair, as may be consistent with Qwest's customary practice for providing End User Customer assistance. 10.IntraLATA Toll Assistance. Qwest will direct CLEC's End User Customer to contact its provider to complete InterLA T A toll calls. Nothing in this Section is intended to obligate Qwest to provide any toll services to CLEC or CLEC's End User Customers. 10.Emergency Assistance. Provide assistance for handling CLEC' End User Customer s EAS/local and IntraLA T A toll calls to emergency agencies including but not limited police , sheriff highway patrol and fire. CLEC is responsible for providing Qwest with the appropriate emergency agency numbers and updates. 10.1.4 Busy Line Verification (BLV) is performed when a calling party requests assistance from the operator bureau to determine if the called line is in use. The operator will not complete the call for the calling party initiating the BL inquiry. Only one BL V attempt will be made per call, and a charge shall apply. 10.Busy Line Interrupt (BLI) is performed when a calling party requests assistance from the operator ,to interrupt a telephone call in progress. The operator will interrupt the busy line and inform the called party that there is a call waiting. The operator will not connect the calling and called parties. The operator will make only one BLI attempt per call and the applicable charge applies whether or not the called party releases the line. 10.Quote Service - Provide time and charges to hotel/motel and other CLEC End User Customers for guest/account identification. 10.2 Terms and Conditions 10.For facilities-based CLEC using its own switch(es), Interconnection to Qwest's operator services Switch is Technically Feasible at two (2) distinct points on the Trunk Side of the Switch. The first connection point is an operator services trunk connected directly to the Qwest operator services host Switch. The second connection point is an operator services trunk connected directly to a remote Qwest operator services Switch. 10.Trunk Provisioning and facility ownership must follow Qwest guidelines. 10.In order for CLEC to use Qwest's operator services as a facilities-based CLEC using its own switch(es), CLEC must provide an operator service trunk between CLEC's End Office Switch and the Interconnection point on the Qwest operator services Switch for each NPA served. 10.2.4 The technical requirements of operator service trunk are covered in the Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR- Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNyceraIlO/Agreements Number COS-050126-0049 232 Section 10 Ancillary Services NWT-000271 , Section 6 (Signaling) and Section 10 (System Interfaces) in general requirements form. 10.Each Party s operator bureau shall accept BL V and BLI inquiries from the operator bureau of the other Party in order to allow transparent provision of BL V/BLI traffic between the Parties' networks. 10.CLEC will provide separate no-test trunks (not the 10cal/lntraLATA trunks) to the Qwest BL V/BLI hub or to the Qwest operator services Switches. 10.Qwest will perform operator services in accordance with operating methods; practices, and standards in effect for all its End User Customers. Qwest will respond to CLEC's End User Customer calls to Qwest's operator services according to the same priority scheme as it responds to Qwest's End User Customer calls. Calls to Qwest's operator services are handled on a first come, first served basis, without regard to whether calls are originated by CLEC or Qwest End User Customers. 10.Qwest will provide operator services to CLEC where Technically Feasible and facilities are available. Qwest may from time-to-time modify and change the nature extent, and detail of specific operator services available to its retail End User Customers and to the extent it does so , Qwest will provide forty-five (45) Days advance written notice to CLEC of such changes. 10.Qwest shall maintain adequate equipment and personnel to reasonably perform the operator services. CLEC shall provide and maintain the facilities necessary to connect its End User Customers to the locations where Qwest provides the operator services and to provide all information and data needed or reasonably requested by Qwest in order to perform the operator services. 10.10 Call Branding is an optional service available to CLEC. Call Branding announces CLEC's name to CLEC's End User Customer at the start of the call and at the completion of the call. If CLEC selects the Call Branding option, Qwest will provide Call Branding to CLEC where Technically Feasible.a) Front End Brand - Announces CLEC's name to CLEC's End User Customer at the start of the call. There is a nonrecurring charge to setup and record the Front End Brand message.b) Back End Brand - Announces CLEC's name to CLEC's End User Customer at the completion of the call. There is a nonrecurring charge to setup and record the Back End Brand message. 10.11 Call Branding for toll and operator services will entail recording and setup of a brand message. Qwest will record CLEC's branded message. Dedicated interoffice facilities will be required. 10.12 Call Branding also entails a non-recurring charge to load CLEC's branded message in each Switch. 10.13 CLEC's End User Customers may dial "0" or "" to access Qwest operator services. Facilities-based CLEC using its own switch(es) may choose to have Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/1hdNycera/lO/Agreements Number COS-050126-0049 233 Section 10 Ancillary Services its End User Customers access Qwest operators by dialing a unique number or by using the same dialing pattern as Qwest End User Customers. 10.3 Rate Elements Qwest toll and assistance operator services are offered under two (2) pricing options. Option offers a per message rate structure. Option B offers a work second and a per call structure. Applicable recurring and non-recurring rate elements are detailed below and in Exhibit A of this Agreement. 10.Option A - Operator Services Rate Elements 10.Operator Handled Calling Card - For each completed calling card call that was dialed 0+ where the operator entered the calling card number. 10.Machine Handled Calling Card - For each completed call that was dialed 0+ where the End User Customer entered the required information such as calling card number. 10.Station Call - For each completed station call, including station sent paid, collect , third number special Billing or 0- calling card call. 10.1.4 Person Call - For each completed person to person call regardless of the Billing used by the End User Customer. 10.Connect to Directory Assistance - For each operator placed call to Directory Assistance. 10.Busy Line Verify - For each call where the operator determines that conversation exists on a line. 10.Busy Line Interrupt - For each call where the operator interrupts conversation on a busy line and requests release of the line. 10.Operator Assistance - For each EAS/local call, whether completed or not, that does not potentially generate an operator surcharge. These calls include , but are not limited to: calls given the DDD rate because transmission problems; calls where the operator has determined there should be no charge, such as Busy Line Verify attempts where conversation was not found on the line; calls where the End User Customer requests information from the operator and no attempt is made to complete a call; and calls for quote service. 10.9 "Completed call" as used in this Section shall mean that the End User Customer makes contact with the location , telephone number, person or extension designated by the End User Customer. 10.Option B - Per Work Second and Computer Handled Calls 10.Operator Handled - CLEC will be charged per work second for all calls originating from its End User Customers and facilities that are routed to. Qwest's operator for handling. Work second charging begins when the Qwest Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/IO/Agreements Number COS-050126-0049 234 Section 10 Ancillary Services operator position connects with CLEC's End User Customer and terminates when the connection between the Qwest operator position and CLEC's End User Customer is terminated. 10.Machine Handled - calls that are routed without operator intervention. Machine handled calls include , but are not limited to, credit card calls where the End User Customer enters the calling card number, calls originating from coin telephones where the computer requests deposit of coins additional End User Customer key actions , recording of End User Customer voice, etc. 10.Call Branding Nonrecurring Charge. Qwest will charge to CLEC a nonrecurring setup and recording fee for establishing Call Branding and loading each Switch with CLEC's branded message. CLEC must pay such nonrecurring charges prior to commencement of the service. The nonrecurring set-up and recording charge will apply each time CLEC's brand message is changed. The nonrecurring charge to load the Switches with CLEC's branded message will be assessed each time there is any change to the Switch. 10.4 Ordering Process CLEC will order operator services by completing the "Qwest Operator Services/Directory Assistance Questionnaire for Local Service Providers." Copies of this questionnaire may be obtained from CLEC's designated Qwest account manager. 10.5 Billing 10.Qwest will track usage and bill CLEC for the calls placed by CLEC's End User Customers and facilities. 10.Qwest will compute CLEC's invoice based on both Option A (Price Per Message) and Option B (Price Per Work Second and Computer Handled Calls). Qwest will charge CLEC whichever option results in a lower charge. 10.3 If, due to equipment malfunction or other error, Qwest does not have available the necessary information to compile an accurate Billing statement, Qwest may render a reaso~ably estimated bill , but shall notify CLEC of the methods of such estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bill reflecting actual billable quantities when and if the information necessary for the Billing statement becomes available. 10.Access to Poles, Ducts, Conduits, and Rights of Way 10.1 Description 10.Pole Attachments - Where it has ownership or control to do so, Qwest will provide CLEC with access to available Pole Attachment space for the placing facilities for the purpose of transmitting Telecommunications Services. 10.The term Pole Attachment means any attachment by CLEC to apole owned or controlled by Qwest. Qwest Fourteen State Negotiations Template Version 1.50, October 18 , 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 235 Section 10 Ancillary Services 10.Ducts and Conduits - Where it has ownership or control to do so, Qwest will provide CLEC with access to available ducts/conduits for the purpose of placing facilities for transmitting Telecommunications Services. A spare duct/conduit will be leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC may place innerduct in an empty duct/conduit. Control of CLEC-installed spare innerduct shall vest in Qwest immediately upon installation; ownership of such innerduct shall vest to Qwest if and when CLEC abandons such innerduct. Within a multiple tenant environment (MTE), duct may traverse building Entrance Facilities , building entrance links, equipment rooms , Remote Terminals, cable vaults, telephone closets or building riser. 10.The terms duct and conduit mean a single enclosed raceway for conductors , cable and/or wire. Duct and conduit may be in the ground , may follow streets, bridges, public or private ROW or may be within some portion of multiple tenant environment. Within a multiple tenant environment, duct and conduit may traverse building entrance facilities building entrance links equipment rooms, Remote Terminals , cable vaults , telephone closets or building riser. The terms duct and conduit include riser conduit. 10.The term innerduct means a duct-like raceway smaller than a duct/conduit that is inserted into a duct/conduit so that the duct may typically carry three (3) cables. 10.The term microduct means a smaller version of innerduct. Four (4) microducts can be placed within a 1 "!4-inch innerduct. 10.Rights of Way (ROW) - Where it has ownership or control to do so Qwest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to Exhibit D , access to available ROW for the purpose of placing Telecommunications facilities. ROW includes land or other property owned or controlled by Qwest and may run under, on , above, across , along or through public or private property or enter multiple tenant environments. 10.ROW means a real property interest in privately-owned real property, but expressly excluding any public, governmental , federal or Native American , or other quasi-public or non-private lands , sufficient to permit Qwest to place Telecommunications facilities on such real property; such property owner may permit Qwest to install and maintain facilities under, on , above, across along or through private property or enter multiple tenant environments. Within a multiple tenant environment, a ROW includes a pathway that is actually used or has been specifically designated for use by Qwest as part of its transmission and distribution network where the boundaries of the pathway are clearly defined either by written specifications or unambiguous physical demarcation. 10.1.4 ntentionally Left Blank. 10.The phrase "ownership or control to do so" means the legal right, as a matter of state law, to (i) convey an interest in real or personal property, or (ii) afford access to third parties as may be provided by the landowner to Qwest through express or implied agreements, or through Applicable Law as defined in this Agreement. Qwest Fourteen State Negotiations Template Version 1., October 18 , 2004 26-2005/1hdNyceraIlO/Agreements Number COS-050126-0049 236 Section 10 Ancillary Services 10.6 Poles , Ducts and Rights of Way (PDR) Transfer of Responsibility refers to the transfer of the occupancy of space for either aerial or underground facilities to assuming CLEC from vacating CLEC. 10.A PDR Transfer of Responsibility request received by Qwest is irrevocable upon one hundred percent (1000/0) payment by assuming CLEC the nonrecurring transfer charge. 10.Terms and Conditions Qwest shall provide CLEC non-discriminatory access to poles, ducts , conduit and Rights of Way (ROW) on terms and conditions found in the Revised Qwest Rights of Way, Pole Attachment and/or Duct/lnnerduct Occupancy General Information Document, attached hereto as Exhibit D. Qwest will not favor itself over CLEC when Provisioning access to poles, ducts , conduits and Rights of Way (ROW). Qwest shall not give itself preference when assigning space. 10.Subject to the provisions of this Agreement, Qwest agrees to issue to CLEC authorization for CLEC to attach, operate , maintain, rearrange, transfer and remove at its sole expense its facilities on poles/duct/innerduct or ROW owned or controlled in whole or in part by Qwest, subject to orders placed by CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local, state and/or federal requirements. 10.Qwest will rely on such codes as the National Electrical Safety Code (NESC) to prescribe standards with respect to capacity, safety, reliability, and general engineering principles. 10.Federal requirements, such as those imposed by Federal Energy Regulatory Commission (FERC) and Occupational Safety and Health Administration (OSHA), will continue to apply to the extent such requirements affect requests for attachments or occupancy to Qwest facilities under Section 224(f)(1) of the Act. 10.2.4 CLEC shall provide access to map of the requested poles/duct/innerductiROW route, including estimated distances between major points the identification and location of the poles/ductlinnerduct and ROWand a description CLEC's facilities. Qwest agrees to provide to CLEC access to relevant plats , maps engineering records and other data within ten (10) business days of receiving a request for such information, except in the case of extensive requests. Extensive requests involve the ,gathering of plats from more than one (1) location , span more than five (5) Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted simultaneously. Responses to extensive requests will be provided within a reasonable interval, not to exceed forty-five (45) calendar Days. 10.Except as expressly provided herein , or in the Pole Attachment Act 1934 as amended and its regulations and rules , or in any applicable state or municipal laws , nothing herein shall be construed to compel Qwest to construct, install, modify or place any poles/ductlinnerduct or other facility for use by CLEC. 10.Qwest retains the right to determine the availability of space on poles/duct/innerduct, conduit and ROW consistent with 47 USC 9 224 and FCC orders rules and regulations pursuant to 47 USC 9 224. In the event Qwest determines that Qwest Fourteen State Negotiations Template Version 1.50, October 18 , 2004 26-2005/lhdNycera/IO/Agreements Number COS-050126-0049 237 Section 1 Ancillary Services rearrangement of the existing facilities on poles, duct/innerduct/conduit, and ROW is required before CLEC'facilities can be accommodated , the actual cost of such modification will be included in CLEC's nonrecurring charges for the associated order (Make-Ready fee). When modifications to a Qwest spare duct/conduit include the placement of innerduct, Qwest or CLEC will install the number of innerduct required to fill the duct/conduit to its full capacity. 10.Qwest shall make manhole ingress and egress for duct/innerduct access available to CLEC. Qwest will perform a feasibility study to determine whether to provide a stub out via the pre-constructed knock out within the manhole, or to perform a core drill of the manhole. 10.Where such authority does not already exist, CLEC shall be responsible for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct on governmental, federal, Native American, and private rights of way. CLEC shall obtain any permits, licenses, bonds, or other necessary legal authority and permission , at CLEC's sole expense, in order to perform its oblig~tions under this Agreement. CLEC shall contact all owners of public and private rights-of-way to obtain the permission required to perform the work prior to entering the property or starting any work thereon. See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits. Once such permission is obtained, all such work may be performed by Qwest or CLEC at the option of CLEC. 10.Access to a Qwest Central Office manhole will be permitted where Technically Feasible. If space is available, Qwest will allow access through the Central Office manhole to the POI (Point of Interconnection). There shall be a presumption that there shall be no fiber splices allowed in the Central Office manhole. However, where CLEC can establish the necessity and Technical Feasibility of splicing in the Central Office manhole, such action shall be permitted. 10.10 Replacement/Modification/Installation - If CLEC requests Qwest replace or modify existing poles/duct/innerduct to increase its strength or capacity for the sole benefit of CLEC , CLEC shall pay Qwest the total actual replacement cost, Qwest' actual CO$t to transfer its attachments to new poles/duct/innerduct, as necessary, andthe actual cost for removal (including actual cost of destruction) of the replaced poles/ductlinnerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to Qwest. 10.10.Upon request Qwest shall permit CLEC to install poles/duct/innerduct. Qwest reserves the right to reject any non-conforming replacement pole/duct/innerduct installed by CLEC that does not conform to the NESC, OSHA or local ordinances. 10.10.To the extent that a modification is incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the total actual cost based on the ratio of the amount of new space occupied by the facilities of CLEC to the total amount of space occupied by all parties including Qwest or its Affiliates participating in the modification. Parties who do not initiate , request or receive additional space from a modification, are not required to share in the cost of the modification. CLEC, Qwest or any other party that uses a modification as an opportunity to bring its facilities into compliance with applicable safety or other Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1 hdNycera/1 01 Ag reements Nu mber C OS-050 126-0049 238 Section 10 Ancillary Services requirements will be deemed to be sharing in the modification and will responsible for its share of the modification cost. Attaching entities will not be responsible for sharing in the cost of governmentally mandated pole or other facility modification. Qwest does not and will not favor itself over other Carriers when Provisioning access to poles, innerduct and rights-of-way. 10.10.The modifying party or parties may recover a proportionate share of the modification costs from parties that later are able to obtain access as a result of the modification. The proportionate share of the subsequent attacher will be reduced to take account of depreciation to the pole or other facility that has occurred since the modification. The modifying party or parties seeking to recover modification costs from parties that later obtain attachments shall be responsible for maintaining all records regarding modification costs. Qwest shall not be responsible for maintaining records regarding modification costs on behalf of attaching entities. 10.8.2.11 Notification of modifications initiated by or on behalf of Qwest and at Qwest's expense shall be provided to CLEC at least sixty (60) calendar Days prior to beginning modifications. Such notification shall include a brief description of the nature and scope of the modification. If CLEC does not respond to a requested rearrangement of its facilities within sixty (60) Days after receipt of written notice from Qwest requesting rearrangement, Qwest may perform or have performed such rearrangement and CLEC shall pay the actual cost thereof. No such notice shall be required in emergency situations or for routine maintenance of poles/ductlinnerduct completed at Qwest' expense. 10.12 Qwest reserves the right to make an on-site/final construction inspection of CLEC's facilities occupying the poles/ductlinnerduct system. CLEC shall reimburse Qwest for the actual cost of such inspections except where specified in this Section. 10.13 When final construction inspection by Qwest has been completed, CLEC shall correct such non-complying conditions within the reasonable period of time specified by Qwest in its written notice. If corrections are not completed within thespecified reasonable period occupancy authorizations for the ROW poles/duct/innerduct system where non-complying conditions remain uncorrected shall suspend forthwith, regardless of whether CLEC has energized the facilities occupying said poles/ductlinnerduct or ROW system and CLEC shall remove its facilities from said poles/duct/innerduct or ROW in accordance with the provisions of this Section , provided however, if the corrections physically cannot be made within such specified time, and CLEC has been diligently prosecuting such cure, CLEC shall be grant~d a reasonable additional time to complete such cure. Qwest may deny further occupancy authorization to CLEC until such non-complying conditions are corrected or until CLEC's facilities are removed from the poles/duct/innerduct system where such non-complying conditions exist. If agreed between both Parties , Qwest shall perform or have performed such corrections and' CLEC shall pay Qwest the actual cost of performing such work. Subsequent inspections to determine if appropriate corrective actions have been taken may be made by Qwest. 10.14 Once CLEC's facilities begin occupying the poles/ductlinnerduct or ROW system, Qwest may perform a reasonable number of inspections. Qwest shall bear the cost of such inspections unless the results of the inspection reveal a material violation or Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/1hdNycera/IOI Agreements Number COS-050 126-0049 239 Section 10 Ancillary Services hazard , or that CLEC has in any other way failed to comply with the provisions Section 10.20; in which case CLEC shall reimburse Qwest the costs of inspections and re-inspections, as required. CLEC's representative may accompany Qwest on such field inspections. The cost of periodic inspection or any special inspections found necessary due to the existence of sub-standard or unauthorized occupancies shall be billed separately. 10.15 The costs of inspections made during construction and/or the final construction survey and subsequent inspection shall be billed to CLEC upon completion of the inspections. 10.16 Final construction , subsequent, and periodic inspections or the failure to make such inspections, shall not relieve CLEC of any responsibilities , obligations, or liability assigned under this Agreement. 10.17 CLEC may use individual workers of its choice to perform any work necessary for the attaching of its facilities so long as such workers have the same qualifications and training as Qwest's workers. CLEC may use any contractor approved by Qwest to perform make-ready work. 10.18 If Qwest terminates an order for cause, or if CLEC terminates an order without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to the amount of fees and charges remaining on the terminated order(s) and shall remove its facilities from the poles/duct/innerduct within sixty (60) calendar Days, or cause Qwest to remove its facilities from the poles/duct/innerduct at CLEC'expense; provided however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Qwest until CLEC's facilities are physically removed. "Cause" as used herein shall include CLEC's use of its facilities in material violation of any Applicable Lawor in aid of any unlawful act or making an unauthorized modification to Qwest' poles/duct/innerduct, or, in the case of ROW, any act or omission that violates the terms and conditions of either (a) the Access Agreement by which Qwest conveys a right access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest or its predecessor. 10.19 Qwest may abandon or sell any poles/ductlinnerduct/conduit or ROW at any time by giving written notice to CLEC. Any poles/ductlinnerduct/conduit or ROW that is sold, will be sold subject to all existing legal rights of CLEC. Upon abandonment of poles/ductlinnerductlconduit or ROW, and with the concurrence of the other joint user(s), if necessary, CLEC shall, within sixty (60) calendar Days of such notice, either: 1) continue to occupy the poles/ductlinnerduct/conduit or ROW pursuant to its existing rights under this Agreement if the poles/duct/innerductlconduit or ROW is purchased by another party; 2) purchase the poles/ductlinnerductlconduit or ROW from Qwest at the current market value; or 3) remove its facilities therefrom. Failure to explicitly elect one of the foregoing options within sixty (60) calendar Days shall be deemed an election to purchase the poles/ductlinnerductlconduit or ROW at the current market value if no other party purchased the poles/ductlinnerductlconduit or ROW within this sixty (60) Dayperiod. 10.20 CLEC's facilities shall be placed and maintained in accordance with the requirements and specifications of the current applicable standards of Telcordia Manual of Construction Standards, the National Electrical Code , the National Electrical Safety Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005/lhdNycera/lO/Agreements Number COS-050126-0049 240 Section 10 Ancillary Services Code , and the rules and regulations of the Occupational Safety and Health Act, all which are incorporated by reference , and any governing authority having jurisdiction. Where a difference in specifications exists the more stringent shall apply. Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest, its Affiliates or any other Telecommunications Carrier is held. Failure to maintain facilities in accordance with the above requirements or failure to correct as provided in Section 10.13 shall be cause for termination of the order. CLEC shall in a timely manner comply with all requests from Qwest to bring its facilities into compliance with these terms and conditions. 10.21 Should Qwest under the provisions of this Agreement remove CLEC' facilities from the poles/ductlinnerduct covered by any order Qwest will deliver the facilities removed upon payment by CLEC of the cost of removal , storage and delivery, and all other amounts due Qwest. If CLEC removes facilities from poles/ductlinnerductfor other than repair or maintenance purposes no replacement on the poles/duct/innerduct shall be made until all outstanding charges due Qwest for previous occupancy have been paid in full. CLEC shall advise Qwest in writing as to the date on which the removal of facilities from the poles/ductlinnerduct has been completed. 10.22 If any facilities are found attached to poles/ductlinnerduct for which no order is in effect Qwest, without prejudice to its other rights or remedies under this Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual fee per pole or per innerduct run between two (2) manholes for the number of years since the most recent inventory, or (b) five (5) times the annual fee per pole or per innerduct run between two (2) manholes. In addition , CLEC agrees to pay (a) interest on these fees at a rate set for the applicable time period by the Internal Revenue Service for individual underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25 U.C. ~ 6621 , Rev. Rul. 2000-, 2000-25 IRS 1262), and (b) the cost of any audit required to identify unauthorized CLEC attachments. Qwest shall waive half the unauthorized attachment fee if the following conditions are met: (1) CLEC cures such unauthorized attachment (by removing it or submitting a valid order for the attachment in the form of Attachment 2 of Exhibit D, within thirty (30) Days of written notification from Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not require Qwest to take curative measures itself (e., pulling additional innerduct) prior to cure by CLEC, (3) CLEC reimburses Qwest for c()st of audit, or portion thereof, which discovered the unauthorized attachment. Qwest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Qwest rather than CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt of written notification from Qwest of the unauthorized occupancy, a poles/ductlinnerduct application. If such application is not received by Qwest within the specified time period CLEC will be required to remove its unauthorized facility within thirty (30) calendar Days of the final date for submitting the required application , or Qwest may remove CLEC' facilities without liability, and the cost of such removal shall be borne by CL~C. 10.23 No act or failure to act by Qwest with regard to an unauthorized occupancy shall be deemed as the authorization of the occupancy. Any subsequently issued authorization shall not operate retroactively or constitute a waiver by Qwest any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject to all liabilities of the Agreement in regard to said unauthorized occupancy from its inception. Qwest Fourteen State Negotiations Template Version 1., October 18 2004 26-2005/1hdNyceraIlO/Agreements Number COS-050126-0049 241 Section 10 Ancillary Services 10.24 Qwest will provide CLEC non-discriminatory access poles/ducts/innerducts/conduits and ROW pursuant to 47 USC 9 224 and FCC orders rules and regulations pursuant to 47 USC 9224. In the event of a conflict between this Agreement, on one hand , and 47 USC 9 224 and FCC orders , rules and regulationspursuant to 47 USC 9 224 , on the other, 47 USC 9 224 and FCC orders , rules and regulations pursuant to 47 USC 9 224 shall govern. Further, in the event of a conflict between Exhibit D, on one hand, and this Agreement or 47 USC 9 224 and FCC orders rules and regulations pursuant to 47 USC 9 224, on the other, this Agreement or 47 USC 9 224 and FCC orders, rules and regulations pursuant to 47 USC 9 224 shall govern provided however, that any Access Agreement that has been duly executed acknowledged and recorded in the real property records for the county in which the ROW is located shall govern in any event pursuant to its terms. 10.25 Nothing. in this Agreement shall require Qwest to exercise eminent domain on behalf of CLEC. 10.26 Qwest will not enter into ROW agreements for the provision Telecommunications Services, including agreements relating to ROW within multiple tenant environments, that preclude CLEC from using ROW over which Qwest has ownership or control. Upon CLEC request, Qwest will certify to a landowner with whom Qwest has an ROW agreement, the following: 10.26.that the ROW agreement with Qwest does not preclude the landowner from entering into a separate ROW agreement with CLEC; and 10.26.that there will be no penalty under the agreement between the landowner and Qwest if the landowner enters into a ROW agreement with CLEC. 10.27 For purposes of permitting CLEC to determine whether Qwest has ownership or control over duct/conduit or ROW, including duct/conduit or ROW within a specific multiple tenant environment, if CLEC requests a copy of an agreement between Qwest and the owner of a duct/conduit or ROW, including duct/conduit or ROW within a specific multiple tenant environment, that grants Qwest access to ownership control of duct/conduit or ROW within a specific multiple tenant environment, Qwest will provide the agreement to CLEC pursuant to the terms of this Section. CLEC will submit a completed Attachment 1.A from Exhibit D that identifies a specific multiple tenant environment or route for each agreement. 10.27.Upon receipt of a completed Attachment 1., Qwest will prepare and return an MTE matrix or ROW matrix, as applicable , within ten (10) Days which will identify (a) the owner of the duct/conduit or ROW or multiple tenant environment as reflected in Qwest's records, and (b) whether or not Qwest has a copy of an agreement that provides Qwest access to duct/conduit or ROW or multiple tenant environment in its possession. Qwest makes no representations or warranties regarding the accuracy of its records , and CLEC acknowledges that the original property owner may not be the current owner of the property. 10.27.Qwest grants a limited waiver of any confidentiality rights it may have with regards to the content of the agreement, subject to the terms and conditions in Section 10.27.3 and the Consent to Disclosure form. Qwest will provide to CLEC a copy of an agreement listed in the MTE matrix or ROW Qwest Fourteen State Negotiations Template Version 1., October 18, 2004 26-2005I1hdNycera/IOI Agreements Number COS-050 126-0049 242