20050224Amendment re Triennial & USTA.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson(fYstoel. com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
THE ADOPTION OF THE SPRINT
COMMUNICATIONS COMPANY LP
(APPROVED BY THE COMMISSION ON
JANUARY 13, 2004 (ORDER NO. 29417),
IN DOCKET NO. QWE-04-1) FOR THE
STATE OF IDAHO PURSUANT TO 47
C. ~252(e)
CASE NO.
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which is pending approval by the Idaho
Public Utilities Commission (the "Agreement"
).
The Amendment with Metropolitan
Telecommunications of Idaho, Inc. ("Metropolitan ) is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252( )(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Boise-181579.l 0029164-00016
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable
Metropolitan to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 23rd day of February, 2005.
Qwest Corporation
:;~II::-
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-181579.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of February, 2005, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
ij ewell(fYpuc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
David Aronow
Metropolitan Telecommunications of Idaho, Inc.
44 Wall Street - 6th Floor
New York, NY 10005
Telephone: [phone]
;;f! oI&u
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
Boise-181579.1 0029164-00016
Triennial Review Order and UST A II Decision Amendment
to the Interconnection Agreement
between
Qwest Corporati on
and
Metropolitan Telecommunications of Idaho, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to incorporate the Triennial Review Order (TRO) and the
UST A II Decision into the Interconnection Agreement between Qwest Corporation ("Qwest"
formerly known as U S WEST Communications , Inc., a Colorado corporation, and Metropolitan
Telecommunications of Idaho, Inc. ("CLEC"), a Delaware corporation.
RECITALS
WHEREAS, the Parties are entering into an Interconnection Agreement ("Agreement") for
services in the state of Idaho, which is being filed with the Idaho Public Utilities Commission
Commission ); and
WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and
regulations pertaining to, among other things, the availability of unbundled network elements
UNEs ) pursuant to Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act") in its
Report and Order In the Matter of Review of the Section 251 Unbundling Obligations
Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147, (effective October
2, 2003) ("TRO"); and
WHEREAS, the United States Court of Appeals for the Washington D.C. Circuit, among other
things, reversed and vacated portions of the TRO with respect to several UNEs in its decision
USTA v. FCC 359 F.3d 554 (D.C. Cir. 2004) (effective June 16, 2004) ("USTA II Decision ); and
WHEREAS , the FCC subsequently further issued Interim Rules in its Order and Notice of
Proposed Rulemaking In the Matter of Unbundled Access to Network Elements, Review of the
Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers WC Docket No. 04-
313, CC Docket No. 01-338 (effective September 13, 2004) ("Interim Rules ); and
WHEREAS, the TRO, the UST A II Decision, and the Interim Rules , individually and together
Decisions ) materially modify Qwest's obligations under the Act with respect to, among other
things, Qwest's requirement to offer certain UNEs; and
WHEREAS, the Parties wish to amend the Agreement to comply with the Decisions hereby
agree to do so under the terms and conditions contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration , the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
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Amendment to CDS-O41213-0017
Amendment Terms
To the extent applicable, the Agreement is hereby amended by changing or adding terms,
conditions and rates for certain UNEs as set forth in Attachment 1 to this Amendment, attached
hereto and incorporated herein by this reference.
II. LimitationsA. Nothing in this Amendment shall be deemed an admission by Owest or CLEC
concerning the interpretation or effect of the Decisions, nor rules, regulations, interpretations,
and appeals thereof, including but not limited to state rules, regulations, and laws as they may
be issued or promulgated regarding the same. Nothing in this Amendment shall preclude or
estop Owest or CLEC from taking any position in any forum concerning the proper interpretation
or effect of Decisions or concerning whether the Decisions should be changed, vacated,
dismissed, stayed or modified.8. This Amendment is based on applicable law as it exists as of September 13, 2004.
the event that Owest's obligations to provide specific UNEs that the Interim Rules stated need
not be made available to CLEC where the CLEC did not have access to those UNEs as of June
15, 2004 (including mass market switching; DS1, DS3, and dark fiber loops; and DS1, DS3, and
dark fiber transport facilities) are altered by: 1) the issuance of permanent or other rules or
orders by the FCC; 2) issuance of a court decision that affects the validity of the Decisions;
and/or 3) issuance of a court order that affects the validity of any other FCC rules or orders;
then the Parties agree to comply with said order or decision, including any transitional rates,
terms, and conditions established by the FCC, which will be made automatically applicable to
this Agreement immediately upon its effectiveness without further need for amendment to this
Agreement.
III.Confl icts
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement, this Amendment shall control, subject to Section 1.8 above; provided, however, that
the fact that a term or provision appears in this Amendment but not in the Agreement shall not
be interpreted as, or deemed a grounds for finding, a conflict for purposes of this Section III.
IV.Scope
This Amendment shall amend , modify and revise the Agreement only to the extent the UNEs
listed in Attachment 1 are included in the Agreement and, except to the extent set forth in
Section I and Section II of this Amendment, the terms and provisions of the Agreement shall
remain in full force and effect after the execution date.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission except where the
change of law provision in CLEC's Interconnection Agreement specifies a different effective
date. The Parties agree to implement the provisions of this Amendment upon execution
execution date
VI.Further Amendments
The provisions of this Amendment, including the provisions of this sentence, may not be
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Amendment to CDS-041213-0017
amended , modified or supplemented , and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
VII.Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements , or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
Metropolitan Telecommunications
of Idaho, Inc.
A::~Signature
Qwest corporatio
--t tLJ
Signature
David Aronow
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
President
Title
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:..J A 11 u A.1Z '1 1.. 7.. 00.5
Date
Director-Interconnection AQreements
Title
7f7
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Date
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Amendment to CDS-O41213-0017
ATTACHMENT 1
Table of Contents
RECITALS...........................................................................................................
TABLE OF CONTENTS ............................................................................................
DEFINITIONS ...............................................................................................
UNBUNDLED NE1WORK ELEMENTS (UNE) GENERALLY................................. 5
UNBUNDLED Loop ......................................................................................
SUBLOOP UNBUNDLING ...............................................................................
LINE SHARING """"""""""""""""""""""""""'".....................................
UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)......................... 10
UNBUNDLED LOCAL SWITCHING............................................................... 10
COMMINGLING ..........................................................................................
RATCHETING ............................................................................................
ROUTINE MODIFICATIONS......................................................................... 12
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Definitions
ATTACHMENT 1
Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services
that a requesting Telecommunications Carrier has obtained at wholesale from Qwest, or the
combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilities or services.
Commingle" means the act of Commingling.
Dedicated Transport" is a Qwest provided digital transmission path between Qwest Wire
Centers, Qwest End Office Switches, and Qwest Tandem Switches to which CLEC is granted
exclusive use.
Unbundled Network Element" (UNE) is a Network Element that has been defined by the FCC
as a Network Element to which Qwest is obligated under Section 251(c)(3) of the Act to provide
unbundled access or for which unbundled access is provided under CLEC's Agreement and
under this Amendment. Unbundled Network Elements do not include those Network Elements
Qwest is obligated to provide only pursuant to Section 271 of the Act.
Unbundled Network Elements (UNE) Generally
UNEs shall be obtained solely for the provision of Telecommunications Services only
to the extent allowed by law, which does not include telecommunications utilized by CLEC for its
own administrative use. UNEs shall not be used solely to provide wireless services also known
as Commercial Mobile Radio Service (CMRS).
2 CLEC's Interconnection Agreement may include terms and conditions for certain
Network Elements that Qwest is no longer required to offer on an unbundled basis pursuant to
Section 251 of the Act. The FCC determined in its Triennial Review Order that certain Network
Elements do not satisfy the FCC's impairment test, and as a result, Qwest is no longer obligated
to offer to CLEC those Network Elements on an unbundled basis pursuant to Section 251 of the
Act. As of the execution date of this Amendment, CLEC shall not order, and Qwest will not
provide, the following Network Elements on an unbundled basis pursuant to Section 251 of the
Act:
OCn Loops;
Fiber to the Home, except as identified in Section 2.2 below;
Hybrid Unbundled Loops except as required by Section 2.2 below;
Non-copper distribution Subloop, unless required to access Qwest-owned
inside wire at an MTE;
Feeder Subloops;
Line Sharing;
UDIT (Extended Unbundled Dedicated Interoffice Transport), E-UDF
(Extended Unbundled Dark Fiber), and Transport from a CLEC'
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Premises to a Qwest Wire Center;
OCn UDIT;
UDIT and UDF as a part of a Meet-Point arrangement;
Remote Node/Remote Port;
SONET add/drop multiplexing and 3/1 and 1/0 multiplexing;
Enterprise Unbundled Local Switching and related services, including
UNE-P PRI , UNE-P DSS , Customized Routing, Shared Transport,
Signaling, and Call-related Databases (see Section 2.5 below);
Unbundled Local Tandem Switching at the DS1 or above capacity;
Packet Switching; and
Directory Assistance Service and Operator Services (except see Sections
8 and 2.9 below - these services are provided under this Amendment at
market-based rates).
3 CLEC's Interconnection Agreement may include terms and conditions for certain
Network Elements that had been established by the FCC under its Triennial Review Order as
Section 251 Unbundled Network Elements. However, the March 2, 2004 Decision by the United
States Court of Appeals for the Washington D.C. Circuit vacated the FCC's rules with respect to
unbundling obligations for several Network Elements, as listed below in this Section. As of the
execution date of this Amendment, CLEC shall not order, and Qwest will not provide, the
following Network Elements on an unbundled basis pursuant to Section 251 of the Act:
Unbundled Loops at DS 1 and DS3 capacities;
Unbundled Dark Fiber Loops (UDF-Loops);
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);
Unbundled Customer-Controlled Rearrangement Element (UCCRE); and
Mass Market Unbundled Local Switching and related services, including
UNE-, Customized Routing, Shared Transport, Signaling, and Call-
related Databases (see Section 2.5 below).
Upon the execution date of this Amendment, CLEC shall begin to submit orders to
disconnect or to make other arrangements to convert any former Unbundled Network Elements
listed in Sections 2.2 and 2.3 above that Qwest is providing to CLEC under CLEC'
Interconnection Agreement. Any elements listed in Sections 2.2 or 2.3 above remaining in
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ATTACHMENT 1
service on January 1 , 2005 will be converted to an alternative arrangement such as resale or
Qwest Tariffed service. The effective date of those conversions will be governed by the change
of law provision in CLEC's Interconnection Agreement or January 1 , 2005, whichever is earlier.
Unbundled Loop
1 CLEC's Interconnection Agreement terms and conditions shall govern those existing
CLEC Unbundled Loop elements listed below until such time as they are converted or
disconnected pursuant to Section 2.0.4 of this Amendment.
Unbundled Loops at DS1 and DS3 capacities;
OCn Unbundled Loops;
Fiber to the Home Unbundled Loops (FTTH) except as identified in
2 below;
Unbundled Dark Fiber Loops (UDF-Loops);
Enhanced Extended Loop (EEL) at DS1 and above capacities; and
Hybrid Unbundled Loops except as required by Section 2.2 below.
Fiber to the Home (FTTH) Loops. For purposes of this Section , a Fiber to the
Home ("FTTH") loop is a local Loop consisting entirely of fiber optic cable, whether dark or lit
and serving an End User Customer s premises or, in the case of predominantly residential
multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that extends to the
multiunit premises' minimum point of entry (MPOE).
FTTH New Builds. Qwest shall have no obligation to provide access to a
FTTH loop as an Unbundled Network Element in any situation where Qwest deploys
such a loop to an End User Customer s premises that had not previously been served by
any loop facility prior to October 2, 2003.
FTTH Overbuilds. Qwest shall have no obligation to provide access to a
FTTH loop as an Unbundled Network Element in any situation where Qwest deploys
such a loop parallel to, or in replacement of, an existing copper loop facility.
Notwithstanding the foregoing, where Qwest deploys a FTTH loop parallel to, or in
replacement of, an existing copper loop facility:
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. Not withstanding the foregoing, Qwest shall not be required to incur
any expense to ensure that any such existing copper loop remains capable of
transmitting signals prior to receiving a request from CLEC for access, as set
forth above , in which case Qwest shall restore such copper loop to serviceable
condition. Any such restoration shall not be subject to Performance Indicator
Definition or other performance service measurement or intervals. Qwest's
obligations under this subsection 2.1 shall terminate when Qwest retires
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ATTACHMENT 1
such copper Loop in accordance with the provisions of Section 2.3 below.
In the event Qwest, in accordance with the provisions of Section
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 website (www.qwestcom/disclosures) and (ii) provide public
notice of such planned replacement to the FCC. Such notices shall be
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'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 of
the filing, unless the FCC rules otherwise within that period.
3 Hybrid Loops - A "Hybrid Loop" is an Unbundled Loop composed of both fiber
optic cable, usually in the feeder plant, and copper wire or cable, usually in the
distribution plant
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
subscriber line access multiplexers, including but not limited to the ability to
terminate an End User Customers' copper loop (which includes both a low-band
voice channel and a high-band data channel , or solely a data channel); the ability
to forward the voice channels, if present, to a circuit Switch or multiple circuit
Switches; the ability to extract data units from the data channels on the loops;
and the ability to combine data units from multiple loops onto one or more trunks
connecting to a Packet Switch or Packet Switches.
Broadband Services - When CLEC seeks access to a Hybrid Loop forthe provision of broadband services, Qwest shall provide CLEC with
nondiscriminatory access to the time division multiplexing features, functions
and capabilities of that Hybrid Loop on an unbundled basis to establish a
complete transmission path between Qwest's Central Office and an End User
Customer premises. This access shall include access to all features, functions,
and capabilities of the Hybrid Loop that are not used to transmit packetized
information.
Narrowband Services When CLEC seeks access to a Hybrid Loop
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ATTACHMENT 1
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; or
b) Provide nondiscriminatory access to a spare home-run copper loop
serving that End User Customer on an unbundled basis.
Subloop Unbundling
1 CLEC's Interconnection Agreement terms and conditions shall govern those existing
CLEC unbundled feeder subloop and non-copper distribution subloop elements until such time
as they are converted or disconnected pursuant to Section 2.4 of this Amendment.
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 s premises. An accessible terminal is any point on
the Loop where technicians can access the wire or fiber within the cable without removing a
splice case to reach the wire or fiber within. Such points may include, but are not limited to, the
pole, pedestal, Network Interface Device, minimum point of entry, single point of
Interconnection, Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface
(SAI). CLEC shall not have access on an unbundled basis to a feeder subloop defined as
facilities extending from the Central Office to a terminal that is not at the End User Customer
premises or multiple tenant environment (MTE). CLEC shall have access to the feeder facilities
only to the extent it is part of a complete transmission path, not a subloop, between the Central
Office and the End User Customer s premises or MTE.
Qwest's obligation to construct a Single Point of Interface (SPOI) is limited to those
MTEs where Qwest has distribution facilities to that MTE and owns, controls, or leases the
inside wire at the MTE. In addition , Qwest shall have an obligation to construct a SPOI only
when CLEC indicates that it intends to place an order for access to an unbundled Subloop
Network Element via a SPOI.
2.4 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal within a
non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to access
Subloops used to access the network infrastructure within an MTE, unless CLEC requires the
placement of equipment in a Qwest Premises. Cross-Connect Collocation, refers to creation of
cross connect field and does not constitute Collocation. The terms and conditions of
Collocation do not apply to Cross-Connect Collocation if required at or near an MTE.
Line Sharing
Qwest shall not be required to provide Line Sharing.
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ATTACHMENT 1
Unbundled Dedicated Interoffice Transport (UDIT)
2.4.1 CLEC's Interconnection Agreement terms and conditions shall govern those existing
CLEC Unbundled Dedicated Interoffice Transport (UDIT) elements listed below until such time
as they are converted or disconnected pursuant to Section 2.0.4 of this Amendment.
UDIT (Extended Unbundled Dedicated Interoffice Transport), Extended
Unbundled Dark Fiber (E-UDF); and Transport between CLEC's premises and a
Qwest wire center;
OCn UDIT;
UDIT and UDF as a part of a Meet-Point arrangement
Remote Node/Remote Port;
SONET add/drop multiplexing and 3/1 and 1/0 multiplexing;
Unbundled Dark Fiber Interoffice Facilities (UDF-IOF);
Enhanced Extended Loop (EEL) Interoffice Facilities at DS1 and above
capacities;
Unbundled Customer-Controlled Rearrangement Element (UCCRE); and
UDIT at DS1 and DS3 capacities.
Unbundled Local Switching
1 CLEC's Interconnection Agreement terms and conditions shall govern those existing
CLEC Unbundled Switching and related elements listed below until such time as they are
converted or disconnected pursuant to Section 2.4 of this Amendment.
Enterprise and Mass Market Unbundled Local Switching, and related services:
- Customized Routing
- Signaling
- AI N Database Services
- Line Information Database (LlDB)
8XX Database Services
- InterNetwork Calling Name (ICNAM)
- Unbundled Network Element - Platform (UNE-
- Local Number Portability (LNP) Database
- Shared Transport
Packet Switching
Unbundled Local Tandem Switching
Commingling
To the extent it is Technically Feasible, CLEC may Commingle Telecommunications
Services 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
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ATTACHMENT 1
resale Commingling:
a) Non-telecommunications services;
Enhanced or Information services;
Features or functions not offered for resale on a stand-alone basis or separate
from basic Exchange Service; and
Network Elements offered pursuant to Section 271.
CLEC may Commingle DSO UNEs and combinations of DSO UNEs with wholesale
services and facilities (e., Switched and Special Access Services offered pursuant to Tariff)
and request Qwest to perform the necessary functions to provision such Commingling. CLEC
will be required to provide the CFA (Connecting Facility Assignment) of 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's request or to
provide services that are not subject to standard provisioning intervals will not be subject
to standard provisioning intervals, or to performance measures and remedies, if any,
contained in CLEC's Interconnection Agreement or elsewhere, by virtue of that service
inclusion in a requested Commingled service arrangement. Provisioning intervals
applicable to services included in a requested Commingled service arrangement will not
begin to run until CLEC provides a complete and accurate service request and
necessary CFAs to Qwest, and Qwest completes work required to perform the
Commingling that is in addition to work required to provision the service as a stand-alone
facility or service.
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 produ~Iariffs,. catalogsf"price Usts. ~,~communications Services.
offerings.
Entrance Facilities obtained pursuant to Tariff are available for Commingling. Entrance
Facilities and mid-span meet SPOI obtained pursuant to the LIS Section of CLEC'
Interconnection Agreement are not available for Commingling.
Ratcheti ng
To the extent a Qwest Tariffed service is used to provide both UNEs and non-UNE
services, Qwest shall not be required to bill for such Qwest Tariffed service at blended or
multiple rates (otherwise known as Ratcheting). Instead, CLEC shall be assessed the Tariffed
rate , or resale rate, or the rate from other Qwest wholesale service offerings, as appropriate, for
the non-UNE service.
To the extent a multiplexed facility is included in a Commingled circuit, the multiplexed
facility will be ordered and billed pursuant to the appropriate Tariff.
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ATTACHMENT 1
Routine Modifications
Qwest will also perform routine modifications to existing loop and transport facilities
used by CLEC to the same extent it performs such activities for its own retail End User
Customers, including, but not limited to, rearrangement or splicing of cable (including
rearrangement of existing pairs to include fiber hub counts and rearrangement of existing pairs
to extend the line), adding a doubler or repeater, adding and/or rearranging an equipment case
adding a smart jack, installing a repeater shelf, adding a line card, and deploying a new
multiplexer or reconfiguring an existing multiplexer.
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December 13, 2004/pjd/Metro TelelTRO USIA II Amend/lD
Amendment to CDS-O41213-0017