20050322Amendment 2.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson(f!1stoel. com
...- j\. t t.l
~ \
LED
fj"
f'd,q 22 Pt~ 2: 51!JjU~\ tt-H.
-:. .
- c.) )i,-S\~\~S\OH
f\l\ \ \t.,) \JUt
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.CoE-- t-O(5 -of!APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
THE ADOPTION OF THE COVIST A INC.
AGREEMENT (APPROVED BY THE
COMMISSION ON JULY 8, 2004 (ORDER
NO. 29544), IN DOCKET NO. QWE- T -OR-
14) FOR THE STATE OF IDAHO
PURSUANT TO 47 U.C. ~252(e)
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 currently pending approval by the
Idaho Public Utilities Commission (the "Agreement"). The Amendment with Prime Time
Ventures LLC ("Prime Time ) 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(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portion(s) 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
(Triennial Review Order and UST A II Decision)
Prime Time Ventures LLC
Boise-182284.1 0029164-00016
Page 1
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 Prime
Time 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 th~blic interest.
Respectfully submitted this day of March, 2005.
Qwest Corporation
Mary S obson
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT
(Triennial Review Order and UST A II Decision)
Prime Time Ventures LLC
Boise-182284.1 0029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this ~day of March, 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
iiewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Jeff Rhoden
Prime Time Ventures, LLC
210 West 8th Street - Suite 202
Medford, OR 97501
Telephone: [phone]
Facsimile: [phone]
rhoden ~mind.net
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
&~R
randi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT
(Triennial Review Order and UST A II Decision)
Prime Time Ventures LLC
Boise-182284.1 0029164-00016
Page 3
Triennial Review Order and UST A II Decision Amendment
to the Interconnection Agreement
between
Qwest Corporation
and
Prime Time Ventures, LLC
for the State of Idaho
This is an Amendment ("Amendment") to incorporate the Triennial Review Order (TRO) and the UST
II Decision into the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado
corporation, and Prime Time Ventures, LLC ("CLEC"), an Oregon corporation. CLEC and Qwest shall
be known jointly as the "Parties
RECITALS
WHEREAS CLEC and Qwest are entering into an Interconnection Agreement ("Agreement"), for
services in the State of Idaho, that is being filed with the Idaho Public Utilities Commission
Commission ); and
WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and regulations
pertaining to, among other things, the availability of unbundled network elements ("UNEs ) pursuant to
Section 251(c)(3) of the Telecommunications Act of 1996 (the "Act") in its Report and Order In the
Matter of Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers;
Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Deployment
of Wire line Services Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338 96-
and 98-147, (effective October 2, 2003) ("TRO"); and
WHEREAS, the United States Court of Appeals for the Washington D.C. Circuit, among other things
reversed and vacated portions of the TRO with respect to several UNEs in its decision USTA v. FCC 359
3d 554 (D.C. Cir. 2004) (effective June 16 2004) ("UST A II Decision ); and
WHEREAS, the FCC subsequently further issued Interim Rules in its Order and Notice of Proposed
Ru1emaking 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 fol1ows:
I. Amendment Terms
A. To the extent applicable, the Agreement is hereby amended by changing or adding terms
conditions and rates for certain UNEs as set forth in Attachment 1 to this Amendment, attached heretoTRQ USTA II Amd
March 2, 2005/msd/Prime Time Ventures/lD/Amendment to CDS-O50302-0012
and incorporated herein by this reference.
II.Limitations
A. Nothing in this Amendment shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the Decisions, nor rules, regulations, interpretations, and appeals thereof
including but not limited to state rules, regulations, and laws as they may be issued or promulgated
regarding the same. Nothing in this Amendment shall preclude or estop Qwest or CLEC from taking any
position in any forum concerning the proper interpretation or effect of Decisions or concerning whether
the Decisions should be changed, vacated, dismissed, stayed or modified.
B. This Amendment is based on applicable law as it exists as of September 13 , 2004. In the event
that Qwest's obligations to provide specific UNEs that the Interim Rules stated need not be made
available to CLEC where the CLEC did not have access to those UNEs as of June 15 , 2004 (including
mass market switching; DS1 , DS3 , and dark fiber loops; and DSl , DS3, and dark fiber transport facilities)
are altered by: 1) the issuance of permanent or other rules or orders by the FCC; 2) issuance of a court
decision that affects the validity of the Decisions; and/or 3) issuance of a court order that affects the
validity of any other FCC rules or orders; then the Parties agree to comply with said order or decision
including any transitional rates, terms, and conditions established by the FCC, which will be made
automatically applicable to this Agreement immediately upon its effectiveness without further need for
amendment to this Agreement.
III.Conflicts
In the event of a conflict between this Amendment and the terms and conditions of the Agreement, this
Amendment shall control, subject to Section I.B above; provided, however, that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted as, or deemed a
grounds for 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 amended
modified or supplemented, and waivers or consents to departures from the provisions of this Alnendment
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.
TRO USTA II Amd
March 2, 2005/msd/Prime Time Ventures/lD/Amendment to CDS-O50302-0012
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.
Prime Time Ventures, LLC
.cp
;/1/1/
Signature
Qwest Corporation
.-f: C=-
Signature
Rth6 T. Christensen
Name Printed/TypedName Printed/Typed
N6f-
Title
-3/1
Date
Director - Interconnection Agreements
Title
3/10 Iv
Date
TRO USTA II Amd
March 2, 2005/msd/Prime Time Ventures/lD/Amendment to CDS-O50302-0012
ATTACHMENT
Table of Contents
RECITALS..............................................................................................................
TABLE OF CONTENTS ................................................................................................
0 DEFINITIONS..................................................................................................
UNBUNDLED NETWORK ELEMENTS (UNE) GENERALLY.................................... 5
UNBUNDLED Loop.........................................................................................
SUBLOOP UNBUNDLING..................................................................................
LINE SHARING """""""'."""'.."".'."""'.""'.."'."..'".....................................2.4 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) ...........................
UNBUNDLED LOCAL SWITCHING
....................................................................
COMMINGLING
............................................................................................
RATCHETING
...............................................................................................
ROUTINE MODIFICATIONS
............................................................................
TRQ USTA II Amd
March 2 , 2005/msd/Prime Time Ventures/lD/Amendment to CDS-O50302-0012
ATTACHMENT
Definitions
Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services that a
requesting Telecommunications Carrier has obtained at wholesale from Qwest, or the combination of an
Unbundled Network Element, or a Combination of Unbundled Network Elements, with one or more such
facilities or services.
Commingle" means the act of Commingling.
Dedicated Transport" is a Qwest provided digital translnission 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).
0.2 CLEC's Interconnection Agreement may include terms and conditions for certain Network
Elements that Qwest is no longer required to offer on an unbundled basis pursuant to Section 251 of the
Act. The FCC determined in its Triennial Review Order, effective October 2, 2003, that certain Network
Elements do not satisfy the FCC's impairment test, and as a result, Qwest is no longer obligated to offer to
CLEC those Network Elements on an unbundled basis pursuant to Section 251 of the Act. As of the
execution date of this Amendment, CLEC shall not order, and Qwest will not provide, the following
Network Elements on an unbundled basis pursuant to Section 251 of the Act:
OCn Loops;
Fiber to the Home, except as identified in Section 2.1.2 below;
Hybrid Unbundled Loops except as required by Section 2.1.2.3 below;
Non-copper distribution Subloop, unless required to access Qwest-owned inside
wire at an MTE;
Feeder Subloops;
Line Sharing;
UDIT (Extended Unbundled Dedicated Interoffice Transport), E-UDF
(Extended Unbundled Dark Fiber), and Transport from a CLEC's Premises to a
TRO USTA II Amd
March 2, 2005/msd/Prime Time Ventures/lD/Amendment to CDS-O50302-0012
ATTACHMENT
Qwest Wire Center;
OCn UD IT;
UDIT and UDF as a part of a Meet-Point arrangement;
Remote Node/Remote Port;
SO NET add/drop multiplexing and 3/1 and 1/0 multiplexing;
Enterprise Unbundled Local Switching and related services, including UNE-
PRI, UNE-P DSS, Customized Routing, Shared Transport, Signaling, and Call-
related Databases (see Section 2.5 below);
Unbundled Local Tandem Switching at the DS I or above capacity;
Packet Switching; and
Upon the execution date of this Amendment, CLEC shall begin to submit orders to disconnect or
to make other arrangements to convert any former Unbundled Network Elements listed in Section 2.
above that Qwest is providing to CLEC under CLEC's Interconnection Agreement. Any elements listed
in Section 2.2 above remaining in service on January 1 , 2005 will be converted to an alternative
arrangement such as resale or Qwest Tariffed service. The effective date of those conversions will be
governed by the change of law provision in CLEC's Interconnection Agreement or January I , 2005
whichever is earlier.
0.4 CLEC's Interconnection Agreement may include terms and conditions for certain Network
Elements that had been established by the FCC under its Triennial Review Order as Section 251
Unbundled Network Elements. The Decision by the United States Court of Appeals for the Washington
C. Circuit, effective June 16, 2004, vacated the FCC's rules with respect to unbundling obligations for
several Network Elements, as listed below in this Section.
Unbundled Loops at DS 1 and DS3 capacities;
Unbundled Dark Fiber Loops (UDF-Loops);
Enhanced Extended Loops (EEL) at DS 1 and above capacities;
Unbundled Dedicated Interoffice Transport (UDIT) at DSI 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).
The FCC, in its Interim Rules effective September 13, 2004, required that Qwest continue to
TRO USTA II Amd
March 2, 2005/msd/Prime Time Ventures/lD/Amendment to CDS-O50302-0012
ATTACHMENT
make available the Network Elements listed in Section 2.0.4 to CLEC on an interim basis if their
Agreement included the UNEs on June 15, 2004. Therefore, Qwest shall continue to provide these
Network Elements under existing rates, terms, and conditions, as required until such time as there is a
change of law or other event that modifies Qwest's obligations, as contemplated by Section ILB of this
Amendment. In the event that there is a change of law or other event that terminates Qwest's obligations
to provide these Network Elements as contemplated by Section ILB of this Amendment, then CLEC shall
submit orders to disconnect or to make other arrangements to convert any former Unbundled Network
Elements listed in Section 2.0.4 above that Qwest is providing to CLEC under CLEC's Interconnection
Agreement within 90 days of the effective date of the order or in compliance with the order, whichever is
earlier. The effective date of those conversions will be the effective date of the change of law or other
date if ordered by the FCC.
Unbundled Loop
1.1 CLEC's Interconnection Agreement terms and conditions shall govern those existing CLEC
Unbundled Loop elements listed below until such tiIne as they are converted or disconnected pursuant to
Section 2.3 and 2.5 of this Amendment.
Unbundled Loops at DS 1 and DS3 capacities;
OCn Unbundled Loops;
Fiber to the Home Unbundled Loops (FTTH) except as identified in 2.1.2 below;
Unbundled Dark Fiber Loops (UDF-Loops);
Enhanced Extended Loop (EEL) at DS 1 and above capacities; and
Hybrid Unbundled Loops except as required by Section 2.1.2.3 below.
1.2 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).
1.2.FTTH New Builds. Qwest shall have no obligation to provide access to a FTTH loop
as an Unbundled Network Element in any situation where Qwest deploys such a loop to an End
User Customer s premises that had not previously been served by any loop facility prior to
October 2, 2003.
FTTH Overbuilds. Qwest shall have no obligation to provide access to a FTTH loop as
an Unbundled Network Element in any situation where Qwest deploys such a loop parallel to, or
in replacement of, an existing copper loop facility. Notwithstanding the foregoing, where Qwest
deploys a FTTH loop parallel to, or in replacement of, an existing copper loop facility:
1.2.2.Qwest shall: (i) leave the existing copper loop connected to the End User
Customer s premises after deploying the FTTH loop to such premises, and (ii) upon
TRO USTA II Amd
March 2, 2005/msd/Prime Time Ventures/lD/Amendment to CDS-O50302-0012
ATTACHMENT
request provide access to such copper loop as an Unbundled Network Element Not
withstanding the foregoing, Qwest shaH 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 2.1.2.1 shall terminate when Qwest
retires such copper Loop in accordance with the provisions of Section 2.3 below.
2.2 In the event Qwest, in accordance with the provisions of Section 2.1.2.2.
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 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'rules. In
accordance with the FCC's rules: (i) a CLEC objection to a Qwest notice that it plans to
replace any copper loop or copper 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
1.2.Packet Switching Facilities, Features, Functions and Capabilities - Qwest
not required to provide unbundled access to the Packet Switched features, functions and
capabilities of its Hybrid Loops. Packet switching capability is the routing or forwarding
of packets, fran1es, cells, or other data units based on address or other routing information
contained in the packets, frames, cells or other data units, and the functions that are
performed by the digital subscriber line access multiplexers, including but not limited to
the ability to terminate an End User Customers' copper loop (which includes both a low-
band voice channel and a high-band data channel, or solely a data channel); the ability to
forward the voice channels, if present, to a circuit Switch or multiple circuit Switches; the
ability to extract data units from the data channels on the loops; and the ability to
combine data units from multiple loops onto one or more trunks connecting to a Packet
Switch or Packet Switches.
1.2.3.2 Broadband Services When CLEC seeks access to a Hybrid Loop for the
provision of broadband services Qwest shall provide CLEC with nondiscriminatory
access to the time division multiplexing features, functions, and capabilities of that
Hybrid Loop on an unbundled basis to establish a complete transmission path between
TRO USTA II Amd
March 2, 2005/msd/Prime Time Ventures/lD/Amendment to CDS-O50302-0012
ATTACHMENT
Qwest's Central Office and an End User Customer premises. This access shall include
access to all features, functions, and capabilities of the Hybrid Loop that are not used to
transmit packetized information.
1.2.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., equivalent to DSO capacity), using time
division multiplexing technology; or
b) Provide nondiscriminatory access to a spare home-run copper loop serving
that End User Customer on an unbundled basis.
Subloop Unbundling
1 CLEC's Interconnection Agreement terms and conditions shall govern those existing CLEC
unbundled feeder subloop and non-copper distribution subloop elements until such time as they are
converted or disconnected pursuant to Section 2.3 of this Amendment.
2.2 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.
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.
2.2.4 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal within a non-
Qwest owned MTE is done through an MTE-POI. Collocation is not required to access Subloops used to
access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a
Qwest Premises. Cross-Connect Collocation, refers to creation of a cross connect field and does not
constitute Collocation. The terms and conditions of Collocation do not apply to Cross-Connect
Collocation if required at or near an MTE.
Line Sharing
2.3.Qwest shall not be required to provide Line Sharing.
TRO USTA II Amd
March 2, 2005/msd/Prime Time VenturesllD/Amendment to CDS-O50302-0012
ATTACHMENT
2.4 Unbundled Dedicated Interoffice Transport (UDIT)
2.4.1 CLEC's Interconnection Agreement terms and conditions shall govern those existing CLEC
Unbundled Dedicated Interoffice Transport (UDIT) elements listed below until such time as they are
converted or disconnected pursuant to Section 2.3 and 2.5 of this Amendment.
UDIT (Extended Unbundled Dedicated Interoffice Transport), Extended Unbundled
Dark Fiber (E-UDF); and Transport between CLEC's premises and a Qwest wire center;
OCn UDIT;
UDIT and UDF as a part of a Meet-Point arrangement
Remote 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 DSI and above capacities;
Unbundled Customer-Controlled Rearrangement Element (UCCRE); and
UDIT at DS 1 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 2.3 and 2.05 of this Amendment.
Enterprise and Mass Market Unbundled Local Switching, and related services:
- Customized Routing
- Signaling
- AIN Database Services
- Line Information Database (LID B)
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
TRO USTA II Amd
March 2, 2005/msd/Prime Time VenturesllD/Amendment to CDS-050302-0012
AIT ACHMENT
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.
6.2 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
CF A (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.
1 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'
Interconnection Agreement or elsewhere, by virtue of that service s inclusion in a requested
Commingled service arrangement. Provisioning intervals applicable to services included in a
requested Commingled service arrangement will not begin to run until CLEC provides a complete
and accurate service request and necessary CF As to Qwest, and Qwest completes work required
to perform the Commingling that is in addition to work required to provision the service as a
stand-alone facility or service.
Qwest will not combine or Commingle services or Network Elements that are offered by Qwest
pursuant to Section 271 of the Communications Act of 1934, as amended, with Unbundled Network
Elements or combinations of Unbundled Network Elements.
6.4 Services are available for Commingling only in the manner in which they are provided in Qwest'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 SPOI obtained pursuant to the LIS Section of CLEC' s Interconnection Agreement are
not available for Commingling.
Ratcheting
To the extent a Qwest Tariffed service is used to provide both UNEs and non-UNE services
Qwest shall not be required to bill for such Qwest Tariffed service at blended or multiple rates (otherwise
known as Ratcheting). Instead, CLEC shall be assessed the Tariffed rate, or resale rate, or the rate from
other Qwest wholesale service offerings, as appropriate, for the non- UNE service.
7.2 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.
TRO USTA II Amd
March 2, 2005/msd/Prime Time VenturesllD/Amendment to CDS-O50302-0012
ATTACHMENT
Routine Modifications
Qwest will also perform routine modifications to existing loop and transport facilities used by
CLEC to the same extent it performs such activities for its own retail End User Customers, including, but
not limited to, rearrangement or splicing of cable (including rearrangement of existing pairs to include
fiber hub counts and rearrangement of existing pairs to extend the line), adding a doubler or repeater
adding and! or rearranging an equipment case, adding a smart jack, installing a repeater shelf, adding a
line card, and deploying a new multiplexer or reconfiguring an existing multiplexer.
TRO USTA II Amd
March 2, 2005/msd/Prime Time VenturesllD/Amendment to CDS-O50302-0012