20050428Application Part II.pdf

Section 8
Collocation
Section 8.0 - COLLOCATION
Description
Collocation allows for the placing of equipment by CLEC at Qwest's Premises
where Technically Feasible, that is necessary for accessing Unbundled Network Elements
(UNEs), ancillary services or Interconnection. Collocation includes the leasing to CLEC of
physical space in Owest Premises, as well as the resources necessary for the operation and
economical use of collocated equipment, such as the use , by CLEC of power; heating,
ventilation and air conditioning (HV AC); and cabling in Qwest's Premises. Collocation also
allows CLEC to access nterconnection Distribution Frames (ICDF) for the purpose of accessing
and combining Unbundled Network Elements and accessing ancillary services. There are
currently nine (9) standard types of Collocation available pursuant to this Agreement - Virtual
Caged Physical , Shared Caged Physical, Cage less Physical, Interconnection Distribution
Frame, Adjacent Common Area Splitter Remote and Facility Connected. Other types of
Collocation may be requested through the BFR process. In addition , where Qwest may offer a
new form of Collocation, CLEC may order that form as soon as it becomes available and under
the terms and conditions pursuant to which Qwest offers it. The terms and conditions of any
such offering by Qwest shall conform as nearly as circumstances allow to the terms and
conditions of this Agreement. Nothing in this Agreement shall be construed as limiting the
ability to retroactively apply any changes to such terms and conditions as may be negotiated by
the Parties or ordered by the state Commission or any other competent authority.
Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to
purchase and deliver to Qwest CLEC's own equipment for Qwest to install, repair, and
maintain in Qwest's Premises. CLEC does not have physical access to its virtually
collocated equipment in the Qwest Premises.
Caged Physical Collocation -- allows CLEC to lease caged floor space for
placement of its equipment within Qwest's Premises for the purpose of interconnecting
with Qwest Finished Services or accessing Unbundled Network Elements. CLEC is
responsible for the procurement, installation and on-going maintenance of its equipment
as well as the Cross Connections required within the cage.
Cageless Physical Collocation -- is a non-caged area within a Qwest
. Premises. In Wire Centers , space will be made available in single frame bay
increments. In Wire Centers , the current minimum square footage is nine (9) square feet
per bay, however, if smaller bays are or become available Qwest will reduce the
minimum square footage accordingly. Space will be provided utilizing industry standard
equipment bay configurations in which CLEC can place and maintain its own equipment.
CLEC is responsible for the procurement, installation and on-going maintenance of its
equipment as well as the Cross Connections required within CLEC's leased Collocation
space.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to
share or sublease a single Collocation enclosure. Under Shared Physical Collocation
one (1) CLEC obtains a' Caged Physical Collocation arrangement from Qwest pursuant
to this Agreement or an approved Interconnection Agreement, and another CLEC
pursuant to the terms of its Interconnection Agreement, may share use of that space , in
accordance to terms and conditions of a sublease agreement between the two (2)
CLECs. Shared Collocation may also be established through joint Application by CLECs
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in which Qwest will have a separate Billing relationship with each applicant and will look
to each collocating CLEC for payment of its proportionate share of the charges relating
to the Collocation space. Qwest will prorate the charge for site conditioning and
preparation undertaken by Qwest to construct the Shared Collocation cage or condition
the space for Collocation use, regardless of how many Carriers actually collocate in that
cage , by determining the total charge for site preparation and allocating that charge to a
collocating CLEC (and billed directly to each such CLEC) based on the percentage of
the total space utilized by that CLEC as per the Collocation Application. Qwest shall not
place unreasonable restrictions on CLEC's use of a Collocation cage , such as limiting
CLEC'ability to contract with other CLECs to share CLEC's Collocation cage in a
sublease-type arrangement. In addition if two (2) or more CLECs who have
Interconnection Agreements with Qwest utilize a Shared Collocation arrangement
Qwest shall permit each CLEC to order UNEs to and provision service from that Shared
Collocation space, regardless of which CLEC was the original collocator, directly from
Qwest. Qwest shall make Shared Collocation space available in single-bay increments
or their equivalent.
Interconnection Distribution Frame (ICDF) Collocation -- is offered for the
purpose of facilitating CLEC's combining of Unbundled Network Elements, Finished
Services, including Local Interconnection Trunks , and ancillary services. Under ICDF
Collocation , CLEC need not collocate equipment in the Qwest Wire Center. With ICDF
Collocation, CLEC will have access to the Qwest Wire Center and an ICDF to combine
UNEs , Finished Services , and ancillary services. The ICDF connects through tie cables
to various points within the Wire Center (e., MDF, COSMICTM or DSX, etc.) providing
CLEC with access to UNEs and ancillary services.
The ICDF is a distribution frame shared by multiple providers.
CLEC desires a dedicated distribution frame for the purpose of facilitating
CLEC's combination of UNEs and ancillary services , CLEC may do so through
the placement of a GLEe-owned Cross Connection device collocated in the
Qwest Wire Center through either Caged or Cageless Physical Collocation.
Adjacent Collocation - is available in those instances where space is
legitimately exhausted in a particular Qwest Premises to accommodate Physical
Collocation. Qwest shall make space available in adjacent controlled environmental
vaults, controlled environmental huts , or similar structures to the extent Technically
Feasible. Qwest shall permit CLEC to construct or otherwise procure such an adjacent
structure on property owned, leased or otherwise controlled by Qwest, subject only to
applicable OSHA, EPA, federal , state , and local safety and maintenance requirements.
Such adjacent structure shall be in accordance with Qwest's design and space planning
for the site. CLEC may propose the design for the adjacent structure, subject to Qwest'
approval, which approval may not be unreasonably withheld or delayed. Qwest must
provide power and physical Collocation services and facilities , subject to the same
nondiscrimination requirements as applicable to any other physical Collocation
arrangement. Qwest must permit CLEC to place its own equipment, including, but not
limited to, copper cables , coaxial cables, fiber cables, and Telecommunications
Equipment, in adjacent facilities constructed by Qwest, by CLEC itself, or a third party.
Common Area Splitter Collocation - Allows CLEC to place Splitters in a
common space area outside its Collocation space near CLEC's DSO termination points.
Qwest will install Splitter shelves for shared use by CLECs.
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Remote Collocation - allows CLEC to collocate equipment in or adjacent
to a Qwest Remote Premises. The terms for Remote Collocation are set forth more fully
in Section 8.7 and 8.4.
With respect to Cross Connections for access to Subloop
elements in multi-tenant environments (MTE) and field connection points (FCP),
the provisions concerning Subloop access and intervals are contained in Section
3. This type of access and Cross Connection is not Collocation.
Facility Connected (FC) Collocation -- Facility Connected (FC)
Collocation allows CLEC to access Unbundled Network Elements (UNEs), ancillary
services and Finished Services within a Qwest Wire Center via an Entrance Facility
without collocating physical equipment in the Wire Center. FC Collocation is provided on
termination block or termination panel within the designated Wire Center and
engineered, provisioned, maintained , and repaired by Qwest.
Terms and Conditions
Terms and Conditions - All Collocation
Qwest shall provide Collocation on rates , terms and conditions that are
just, reasonable and nondiscriminatory. In addition , Qwest shall provide Collocation in
accordance with all applicable federal and state laws.
In accordance with the FCC rules regarding combinations of
Unbundled Network Elements and Commingling of facilities and services which
are addressed in Sections 9.1 and 9., 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 available for Commingling shall be
provided by Qwest pursuant to Qwest'applicable product Tariffs
catalogs, price lists, or other Telecommunications Services offerings.
Entrance Facilities obtained pursuant to Tariff are
available for Commingling. Entrance Facilities and mid-span meet SPOI
obtained pursuant to Section 7 of this Agreement are not available for
Commingling.
Collocation of Switching Equipment. CLEC may collocate any equipment
that is necessary for Interconnection or access to Unbundled Network Elements.
1.2.Digital Subscriber Line Access Multiplexers (DSLAMS) always
meet this legal standard.
Asynchronous Transfer Mode (A TM) or Packet Switching also
meets this legal standard when used for Interconnection or access to Unbundled
Network Elements for purposes of providing Advanced Services such as xDSL.
Equipment used predominantly to support DSLAMs and A TMs, such as routers
and concentrators , as well as testing and network management equipment also
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meet this legal standard. Before any equipment that includes switching
functionality is installed , CLEC must provide a written inventory to Qwest of all
switching equipment and how it will be used for Interconnection or access to
Unbundled Network Elements. Once CLEC establishes that it will use a certain
type of equipment for Interconnection or access to Unbundled Network Elements
Qwest will allow future Collocations of similar equipment without requesting a
written justification unless and until Qwest can establish to the state Commission
that such equipment is not intended for Interconnection or access to Unbundled
Network Elements. However Qwest will complete the Collocation within the
appropriate interval unless granted relief by the Commission.
Remote Switching Units (RSUs) also meet this legal standard
when used for Interconnection or access to Unbundled Network Elements for
purposes of providing Local Exchange Service.2.4 Except as provided for in Sections 8.1 through 8.
above, CLEC may not collocate equipment that is not necessary for
Interconnection or access to Unbundled Network Elements.
CLEC must identify what transmission and Cross Connection equipment
will be installed and the vendor technical specifications of such equipment so that Qwest
may verify the appropriate power, floor loading, heat release , environmental particulate
level , HV AC, and tie cables to GLEe-provided Cross Connection device.1.4 Demarcation points for Unbundled Network Elements (UNEs) and
ancillary services. The Demarcation Point for' Unbundled Network Elements and
ancillary services is that physical point where Qwest shall terminate its Unbundled
Network Elements and ancillary services for access by CLEC. There are two (2)
standard Demarcation Points where Unbundled Network Elements and ancillary services
may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation
Points for its access to UNEs and ancillary services. One available Demarcation Point is
at GLEe-provided Cross Connection equipment in CLEC'Physical or Virtual
Collocation space. Alternatively, the Demarcation Point can be at an Interconnection
Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC
and Qwest. To the extent CLEC selects a Demarcation Point outside of its collocated
space, CLEC shall provide and Qwest shall install the tie cables from GLEC's collocated
equipment to the Demarcation Point. Alternatively, Qwest shall provide and install these
tie cables, at CLEC's expense.
Qwest will provide a connection between Unbundled Network Elements
and ancillary services and a Demarcation Point. Such connection is an Interconnection
Tie Pair (ITP). The Demarcation Point shall be:a) at GLEe-provided Cross Connection equipment located in CLEC'
Virtual or Physical Collocation space; orb) if CLEC elects to use lCDF Collocation , at the Interconnection
Distribution Frame (ICDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation , at the ICDF; or
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11.2; or
at another Demarcation Point mutually-agreed to by the Parties.
CLEC may purchase Qwest's finished Private Line or Switched Access
Services via applicable Tariff terms and conditions. These services will be terminated at
the Demarcation Point.
For Caged and Cageless Physical Collocation and Virtual Collocation
CLEC must lease space for the placement of CLEC's equipment within Qwest'
Premises. Qwest will provide the structure that is necessary in support of Collocation
including physical space, a cage (for Caged Physical Collocation), required cabling
between equipment and other associated hardware.
All equipment shall meet and 'be installed in accordance with Network
Equipment Building System (NEBS) Level 1 safety standards. Qwest shall provide
standard Premises alarming pursuant to Qwest Technical Publication 77385. Qwest
shall not impose safety or engineering requirements on CLEC that are more stringent
than the safety or engineering requirements Qwest imposes on its own equipment
located on its Premises.
Space Availability Report -- Upon request by CLEC, Qwest will submit to
CLEC within ten (10) calendar Days of CLEC's request, a report for each requested
Premises, that includes:
available Collocation space in a particular Qwest Premises;
number of collocators;
any modifications in the use of the space since the last report;d) measures that Qwest is taking to make additional space available for
Collocation;
whether sufficient power is available to meet the specific CLEC request;
number of CLECs in queue at the Premises, if any;
whether the Wire Center is equipped with DS3 capability; andh) the number and description of Qwest and its Affiliates and reservations
of space by all CLECs.
A Space Availability Report Charge in Exhibit A will apply to
each Space Availability Report requested by CLEC and shall apply on per
Premises basis.
Inventory Report - Remote Premises. The locations of the
Remote Premises (e., Feeder Distribution Interfaces
, "
FDI") and the End User
Customer addresses served by each Remote Premises are available to CLEC
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through the Raw Loop Data Tool. Remote Premises with digital loop carrier and
pair gain equipment will be provided on the web site in the ICONN database.
(ICONN is available through the Qwest web site located
http://www.qwest.com/iconn.If CLEC is unable to determine the information it
seeks regarding the Remote Premises after using such database tools, Qwest
will provide CLEC with a report that contains the information. The Parties agree
that a charge may apply to such report, based on time and material , unless the
database information is inaccurate or unusable for the Remote Premises then no
charge would apply. Qwest will provide CLEC access to relevant plats , maps
engineering records and other data in accordance with Section 10.2.4.
addition , CLEC can request a copy of Owest's distribution area map associated'
with the Remote Premises, with a charge for time and material.10 Collocation is offered on a first-come, first-served basis. Requests for
Collocation may be denied due to the legitimate lack of sufficient space in a Qwest
Premises for placement of CLEC's equipment. If Qwest determines that the amount of
space requested by CLEC for Caged Physical Collocation is not available , but a lesser
amount of space is available, that lesser amount of space will be offered to CLEC for
Caged Physical Collocation. Alternatively, CLEC will be offered Qageless Physical
Collocation (single frame bay increments), or Virtual Collocation as an alternative to
Caged Physical Collocation. In the event the original Collocation request is not available
due to lack of sufficient space , and CLEC did not specify an alternative form of
Collocation on the original order form, CLEC will be required to submit a new order for
CLEC'preferred alternative Collocation arrangement. If CLEC identifies alternate'
choices for Collocation on its original Collocation request Qwest will determine the
feasibility of the next preferred option in the event CLEC's first choice is not available.
. To the extent possible, Qwest shall make contiguous space available to CLEC when it
seeks to expand its existing Collocation space. Where adjoining space is not available
Qwest will engineer a route for CLEC to provide facilities between the non-adjoining
CLEC Collocation spaces as part of the Collocation order. When, planning renovations
of existing facilities or constructing or leasing new facilities Qwest shall take into
account projected demand for Collocation of equipment.
10.Space Denial Queue - Qwest will maintain a list of denied
Collocation requests, in order of the date of receipt (Space Denial Queue), for
each Premises where Qwest has exhausted Collocation space. A separate
queue will be maintained for each Premises. When space becomes available in
a Premises in which a queue has developed, Owest will inform CLECs in the
queue that space for Collocation has become available. If there is insufficient
space to accommodate all of the CLECs in queue , Qwest shall notify CLECs of
the availability of space in accordance with the CLEC's position in the queue.
CLEC must respond within ten (10) calendar Days of receipt of notification from
Owest with a new Collocation Application. If CLEC does not provide a
Collocation Application within ten (10) calendar Days of receipt of notification, or
if CLEC responds that it no longer requires the Collocation space , CLEC shall be
removed from the queue and the available space shall be offered to the next
CLEC in the queue. If the space made available to a CLEC in the queue is not
sufficient to meet such CLEC's needs, such CLEC may deny the space that
becomes available and keep its position in the queue.
If Qwest denies a request for Collocation in a Qwest Premises due to
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space limitations, Qwest shall allow CLEC representatives to tour the entire Premises
escorted by Qwest personnel within ten (10) calendar Days of CLEC's receipt of the
denial of space , or a mutually agreed upon date. Owest will review the detailed floor
plans for the Premises with CLEC during the tour, including Qwest reserved or optioned
space. Such tour shall be without charge to CLEC. If, after the tour of the Premises
Qwest and CLEC disagree about whether space limitations at the Premises make
Collocation impractical, Qwest and CLEC may present their arguments ' to the
Commission. In addition , if after the fact it is determined that Qwest has incorrectly
identified the space limitations, Qwest will honor the original Collocation Application date.
for determining RFS unless both Parties agree to a revised date.12 Qwest shall submit to the Commission, subject to any protective order as
the Commission may deem necessary, detailed floor plans or diagrams of any Premises
where Qwest claims that Physical Collocation is not practical because of spacelimitations. 13 Qwest will maintain a publicly available document, posted for viewing on
the Internet , (www.qwest.com/whoiesale/notices/colio/spaceavail.html), indicating all
, Premises that are full , and will update this document within ten (10) calendar Days of the
date at which a Premises runs out of physical space and will update the document within
ten (10) calendar Days of the date that space becomes available. In addition , the
publicly available document shall include , based on information Qwest develops through
the Space Availability Report process, the Reservation Process , or the Feasibility Study
Process:
Number of CLECs in queue at the Premises, if any;
Premises that have not been equipped with DS3 capability;c) Estimated date for completion of power equipment additions that will lift
the restriction of Collocation at the Premises; andd) Address of 'the Remote Premises that have been inventoried for
Remote Collocation, and if the Remote Premises cannot accommodate
Collocation.
Notwithstanding the foregoing, the Qwest web site will list and update within the ten (10)
Day period , all Wire Centers that are full , whether or not there has been a SpaceAvailability Report requested by any CLEC.
Reclamation and Reconditioning of Space
14.Reclamation of Space -- Reclamation of space is performed by
Qwest removing unused, obsolete Qwest equipment to make space for
equipment use. The cost of removal of the obsolete unused equipment shall be
borne by Qwest.
14.If CLEC issues a forecast or reservation for
Collocation , Qwest shall use its best judgment to determine whether it
would be appropriate to reclaim space and or equipment to meet
expected Collocation requirements.
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14.If CLEC issues a Collocation Application and
unused , obsolete equipment must be removed to provide the requested
Collocation, Qwest will affirmatively remove such unused , obsolete
equipment as necessary to fulfill the Collocation request within the
applicable interval set forth in section 8.4.
14.' Reconditioning of Space -- Reconditioning of space is the
remodeling of space for equipment use, such as, but not limited to, adding
HV AC. The Collocation feasibility study will identify whether reconditioning of
space . is available and necessary to meet CLEC needs for Collocation. If
requested by CLEC , Qwest will assess the cost of such reconditioning, provide a
quote to CLEC for the costs, and upon Acceptance of quote by CLEC , perform
the necessary work to recondition the space. For reconditioned space, CLEC is
responsible for prorated charges based on the amount of space requested.15 Cancellation of Collocation Request. CLEC may cancel a Collocation
request prior to the completion of the request by Qwest by submitting a Collocation
Cancellation Application. CLEC shall be responsible for payment of all costs incurred by
Qwest up to the point when the cancellation is received. Collocation Cancellation is
available for all Collocations under a particular billing authorization number (BAN) for
which CLEC has not received notification of completion from Qwest. Cancellation is
offered for all types of Collocation. A cancellation will only occur upon request by CLEC.
1-.15.CLEC may submit a Collocation Cancellation Application if the
Collocation job is in progress. Upon receipt of a completion notice for the
specific Collocation job, the Collocation can no longer be cancelled. Qwest will
provide acknowledgment of acceptance or rejection of the Collocation
Cancellation Application within one (1) business day of receipt. Qwest will stop
work on a Collocation in progress upon receipt and acceptance of a Collocation
Cancellation Application. A request for cancellation is irrevocable once Qwest
has accepted the Collocation Cancellation Application.
15.I n the event there is a Common Area Splitter Collocation or
CLEC has requested a direct CLEC-to-CLEC connection arrangement with the
same BAN as the Collocation job to be canceled , the associated Common Area
Splitter Collocation and direct CLEC-to-CLEC connection will also be cancelled.
15.Qwest will not charge for canceling the Collocation job except
for work already completed as of acceptance by Qwest of the Collocation
Cancellation Application. Charges will be based on when Qwest receives the
Collocation Cancellation Application and the completion status of the Collocationwork. A quote will be issued within thirty (30) calendar Days of Qwest'
acceptance of the Collocation Cancellation Application.
16 . Qwest may retain a limited amount of floor space for its own specific
future uses, provided, however, that neither Qwest nor any of its Affiliates may reserve
space for future use on terms more favorable than those that apply to CLEC'
reservation of Collocation space for CLEC's own future use. Qwest shall relinquish any
space held for future use before denying a request for Virtual Collocation on the grounds
of space limitations, unless Qwest proves to the Commission that Virtual Collocation at
that point is not Technically Feasible.
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17 In addition to the requirements of Section 8.all Collocation
installation and structures shall meet applicable earthquake safety rating requirements
comparable to and to the same extent that Qwest installations and structures meet
earthquake rating requirements as contained in the Network Equipment Building System
(NEBS) - BR GR-63-CORE document. A list of Qwest Premises and the applicable
related earthquake ratings is available for review on the Qwest web site at:
http://www.qwest.com/whoiesale/pcat/collocation.htmi.18 Qwest will review the security requirements, issue keys , ID cards and
explain the access control processes to CLEC. The access control process includes but
is not limited to the requirement that all CLEC approved personnel are subject to
trespass violations if they are found outside of designated and approved areas or if they
provide access to unauthorized individuals. Likewise, Qwest personnel are subject to
trespass violations if they are found to be wrongfully inside CLEC physical caged
collocated areas or if they wrongfully provide access to unauthorized individuals.
18.Qwest will take all reasonable measures to insure that CLEC
equipment collocated in Qwest Premises is afforded physical security at Parity
with Qwest's similarly situated equipment. Should an event occur within a Qwest
Premises that suggests vandalism or other tampering with CLEC's equipment
Qwest will , at CLEC's request, vigorously and thoroughly investigate the
situation. GLEC shall cooperate in the investigation as requested by Qwest.
Qwest will keep CLEC apprised of the progress of any investigation, and report
any conclusions in a timely manner.19 Qwest shall provide access to CLEC's collocated equipment and existing
eyewash stations , bathrooms, and drinking water within the Premises on a twenty-four
(24) hours per day, seven (7) days per week basis for CLEC personnel and its
designated agents. Such access shall be permitted without requiring either a security
escort of any kind or delaying CLEC's employees entry into Qwest Premises. Qwest
shall provide CLEC with access to other basic facilities , including parking, where
available on a first-come, first-served basis.20 CLEC shall be restricted to corridors, stairways, and elevators that
provide direct access to CLEC's space, or to the nearest restroom facility from CLEC'
designated space , and such direct access will be outlined during CLEC's orientation
meeting. Access shall not be permitted to any other portion of the building.21 Nothing herein shall be construed to limit CLEC's ability to obtain more
than one form of Collocation (i.e., Virtual ' Caged , Shared and Cageless Physical
Collocation or lCDF Collocation) in a single Premises, provided space is available.22 Termination of Collocation Arrangement. CLEC may terminate a
completed Collocation arrangement by a Collocation Decommission or a Collocation
Transfer of Responsibility. A Collocation site is only eligible for Collocation
Decommission or a Collocation Transfer of Responsibility after the site is built-out and
accepted by CLEC. Abandoned equipment shall be handled as detailed in Section
22.
22.Collocation Decommission. Collocation Decommission refers to
the deactivation of a Collocation site occupied by CLEC and removal of CLEC
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equipment. Collocation Decommission is offered for all types of Collocation. A
request for decommissioning is irrevocable once Qwest accepts the Collocation
Decommission Application.
22.Prior to submitting a Collocation Decommission
Application, all CLEC's financial obligations with respect to the Collocation
site to be decommissioned must be current, with the exception of formally
disputed charges. CLEC financial obligations include payment of one
hundred percent (1000/0) of all nonrecurring quoted charges and all
applicable monthly recurring charges that are more than thirty (30)
calendar Days past due.
22.CLEC must disconnect all services, including any
administrative services, from the Collocation site to be decommissioned
prior to submitting the Collocation Decommission Application. All of
CLEC's administrative lines and End User Customer services need to be
disconnected via the appropriate Access Service Request (ASR) or Local
Service Request (LSR). If CLEC has not disconnected all services, all
charges with respect to the Collocation site will continue to accrue and
the Collocation Decommission Application will be rejected.
22.Prior to disconnecting its services, including
direct CLEC-to-CLEC connections, CLEC must notify, in writing,all of its current End User Customers affected by the
discontinuation of service.' CLEC must submit an email
notification with the Collocation Decommission Application
representing to Qwest that all CLEC End User Customers have
been properly notified. For direct CLEC-to-CLEC connection
arrangements, CLEC should submit a letter of authorization (LOA)
signed by both CLECs involved in the direct CLEC-to-CLEC
connection arrangement. Failure to include such email notification
or LOA will result in the rejection of the Collocation Decommission
Application.
22.CLEC should remove its equipment prior to
submitting a Collocation Decommission Application. Equipment includes
all CLEC owned electronic equipment, equipment racks, mounting
hardware , and CLEC supplied cable (including direct CLEC-to-CLEC
cables), termination blocks and cage materials. If CLEC does not remove
its equipment within thirty (30) calendar Days of Qwest's acceptance of
the Collocation Decommission Application , Qwest will send a notification
stating the equipment is considered abandoned. Upon receiving
notification of abandonment from Qwest CLEC will have fifteen (15)
calendar Days to notify Qwest that the equipment is not abandoned and
remove its equipment. If CLEC does not respond, to the notification and
remove the equipment and Owest determines that the equipment has
been abandoned , Qwest will send a final notification and bill CLEC for
any and all claims
, '
expenses, fees or other costs associated with the
removal by Qwest of the abandoned equipment, including any materials
used in the removal and the hourly labor rate charges. CLEC will hold
Qwest harmless from the failure to return any such equipment, property
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or other items.
22.1.4 Qwest will remove all Collocation entrance facilities.
For shared Collocation entrance facilities, Qwest will cut all fiber and/or
copper Collocation entrance facilities at the splice point in the Collocation
Point of Interconnection (C-POI). For express Collocation entrance
facilities, Qwest will remove and dispose of the .collocation entrance fiber.
22.For Virtual Collocation , Qwest will automatically
remove all equipment within ninety (90) calendar Days.' Qwest will
negotiate with CLEC to schedule the pick up of the equipment. There will
be no charge for the removal of CLEC's Virtual Collocation equipment.
22.For Collocations with direct CLEC-to-CLEC
connection arrangements, CLEC is required to disconnect and remove
the direct CLEC-to-CLEC connections. Qwest prefers that CLEC
disconnect and remove the direct CLEC-to-CLEC connection cables prior
to submitting the Collocation Decommission Application. If CLEC is not
able to disconnect and remove the cables prior to submitting the
Collocation Decommission Application , CLEC will be allowed thirty (30)
calendar Days from Qwest'acceptance date of the Collocation
Decommission Application to disconnect and remove the direct CLEC-to-
CLEC connection cables. If CLEC has not removed the direct CLEC-to-
CLEC connections, it will be treated as abandoned equipment.
22.CLEC will be eligible for a refund for all elements
defined as either reusable or reimbursable, if acquired by another CLEC
during the following defined time period. An inventory will be completed
by Qwest and furnished to CLEC within ninety (90) calendar Days of the
Collocation Decommission Application acceptance identifying the
reimbursable and reusable elements and the potential credit.
22.Reimbursable elements considered for a
refund are: DSO, DS1 , and DS3 termination cabling, and fiber
terminations, excluding Collocation entrance facility cabling.
These elements will be eligible for a refund for up to one (1) year
after the date of decommissioning.
22.Reusable elements include components
used to provision the original Collocation site (e., cage , bays
HVAC , cable racking). These elements will be eligible for a refund
for up to three (3) years after the date of decommissioning.
22.CLEC is required to return the space to turnover
condition. Turnover condition is defined as the same condition in which
CLEC originally assumed the Collocation site. CLEC must relinquish
security access if not currently leasing another Collocation site in the
same Wire Center when verification of equipment removal is completed.
Security access will be terminated within thirty (30) calendar Days of
receipt of an accepted Collocation Decommission Application, unless
alternative arrangements have been agreed to by Qwest.
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22.Ordering - CLEC should submit a Collocation
Decommission Application form. Qwest will notify CLEC within one (1)
business day if the prerequisites have been met. Qwest will validate the
order within two (2) business days from receipt of the Collocation
Decommission Application. Qwest will provide an inventory of the eligible
reimbursable and reusable elements and the potential credits within
ninety (90) calendar Days of the Collocation Decommission Application
acceptance.
22.10 Billing - Qwest will not charge for decommissioning
Collocations unless equipment has been abandoned or the Collocation
space has not been returned to turnover condition. Charges for work
related to the removal of abandoned equipment or returning the
Collocation space to turnover condition include miscellaneous hourly
labor charges and if applicable, dispatch charges will apply for
unmanned Central Offices and Remote Collocations.
22.Collocation Transfer of Responsibility. Collocation Transfer of
Responsibility is the transfer of a Collocation site from vacating CLEC (current
CLEC leasing the space in the Premises) to an assuming CLEC. Collocation
Transfer of Responsibility is available for Caged Physical Collocation , Cage less
Physical Collocation , and Virtual Collocation. All other types of Collocation to be
transferred will be handled on an Individual Case Basis (ICB). There are two (2)
types of Collocation Transfer of Responsibility: 1) Collocation Transfer of
Responsibility Without Working Circuits - The Collocation is not serving any End
User Customers and does not have active service terminations (e.
Interconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility
With Working Circuits - The Collocation has active service terminations, such as
Interconnection trunks or is serving End User Customers.
22.Generally, Collocation Transfer of Responsibility is
not available if another CLECor Owest are waiting in queue for available
space within the requested Premises; however if assuming CLEC
acquires all or substantially all of the Collocation sites of vacating CLEC
in Qwest Premises in the state, such transfers shall not be subject to any
queue for available space. In addition, regardless of any space requests
that may be pending in a Qwest Premises, Collocation Transfer of
Responsibility shall be available when vacating CLEC and assuming
CLEC are affiliated corporate entities prior to or immediately after the
proposed transfer, or the transfer is due to a bankruptcy court order.
vacating CLEC has filed for bankruptcy, assuming CLEC must comply
with Applicable Law in obtaining the transfer of the Collocation site.
22.Both vacating CLEC'and assuming CLEC'
Interconnection Agreements with Qwest must contain finalized terms a
conditions for Collocation Transfer of Responsibility and all associated
services. Assuming CLEC is required to have an Interconnection
Agreement with Qwest prior to submitting Collocation Transfer of
Responsibility request. Assuming CLEC will need to amend any
previously existing Interconnection Agreement prior to submitting
Collocation Transfer of Responsibility request if its Interconnection
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Agreement does not contain the terms and conditions and rate elements
for all services that will be transferred.
22.Collocation Transfer of Responsibility with working
circuits is available if only administrative changes are required and the
transfer does not involve translations work that needs to be processed in
conjunction with the transfer. If translations work is needed, CLEC'
transfer plans shall allow for the completion of the Collocation Transfer of
Responsibility prior to initiating any translation activity.
22.2.4 A request for Collocation Transfer of Responsibility
is irrevocable upon one hundred percent (1000/0) payment by assuming
CLEC of the nonrecurring Collocation transfer charges reflected on the
quote.
22.The Collocation site to be transferred is identified by
vacating CLEC's eleven (11) character CLLlTM code. The Collocation site
will be transferred "as is" and in its entirety. This includes , but is not
limited to, Collocation entrance facilities from the Collocation - Point of
Interface (C-POI) manhole , cables , Splitters, and working circuits
applicable. If the Collocation site has a Common Area Splitter Collocation
associated with it, the Common Area Splitter Collocation will be
transferred as part of the Collocation Transfer of Responsibility.
22.The transfer of equipment between vacating CLEC
and assuming CLEC will be the responsibility of vacating CLEC and
assuming CLEC. Qwest is not responsible for the physical condition of
vacating CLEC's equipment, with the exception of equipment associated
with a Virtual Collocation , as set forth in CLECs' Interconnection
Agreements.' The negotiation of the transfer terms and conditions
between vacating CLEC and assuming CLEC is the responsibility of
those two parties. Qwest will not participate in these negotiations. Qwest
will only manage the database and records transfer.
22.Assuming CLEC will provide the information Qwest
will need to update the following items: Customer Name, Access Carrier
Name Abbreviation (ACNA), Master Customer Number (MCN), CLEC
address phone number, billing and contact information , and contract
number. The Collocation eleven (11) character CLEC CLLlTM code will
remain the same.
22.Submission of new connect, change, and disconnect
orders will be restricted from quote Acceptance until the transfer of the
working circuits is complete. If new connect, change, and disconnect
orders need to be submitted between quote Acceptance and the
completion of the transfer, they will be handled on an ICB and may affect
the Ready for Service (RFS) date.. Submission of Collocation augment
orders will not be allowed from the time that the Collocation Transfer of
Responsibility Application has been accepted by Qwest until assuming
CLEC has accepted the quote for the Collocation Transfer of
Responsibility.
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22.All work in progress related to the Collocation site
and associated working circuits , if applicable , must either be completed or
cancelled by vacating CLEC prior to the quote Acceptance.
22.10 If vacating CLEC does not lease another Physical
Collocation, site at the specified Central Office at the time of the
Collocation Transfer of Responsibility request , then vacating CLEC must
relinquish security access to the building.
22.11 . Vacating CLEC's financial obligations to Qwest with
respect to the Collocation site to be transferred must be met, with the
exception of formally disputed charges, prior to submitting a Collocation
Transfer of Responsibility Application. Vacating CLEC'financial
obligations include payment of one hundred percent (1000/0) of all
nonrecurring charges and all applicable recurring charges for the specific
Collocation account that are more than thirty (30) calendar Days past
due. Vacating CLEC may meet its financial obligations by having them
expressly assumed , in writing, by assuming CLEC and assuming CLEC
pays such obligations at the time it accepts the quote for Collocation
Transfer of Responsibility.
22.12 Assuming CLEC'financial obligations to Qwest
must be in good standing prior to submitting a Collocation Transfer of
Responsibility Application , with the exception of formally disputed
charges.
22.13 Vacating CLEC and assuming CLEC must provide a
signed Transfer Authorization Agreement. Required information on the
Qwest Transfer Authorization Agreement: Qwest Central Office Name
applicable CLLlTM codes, Collocation BAN numbers, and charges (from
Exhibit A) for the transfer of the Collocation site.
22.14 Prior to submitting a Collocation Transfer of
Responsibility Application without working circuits, vacating CLEC must
ensure that no active circuits exist at the Collocation site to
transferred.
22.15 Prior to transferring a Collocation site with working
circuits, vacating CLEC must notify, in writing, all of its current End User
Customers that utilize the Collocation site s equipment or facilities of the
transfer of service to assuming CLEC, unless vacating CLEC has a
waiver from the FCC or other applicable regulatory authority. Vacating
CLEC must provide an email notification to Qwest with the Collocation
Transfer of Responsibility Application representing that all of its End User
Customers have been properly notified or provide a copy of anyapplicable waiver.
22.16 If the Collocation site being transferred has a direct
CLEC-to-CLEC connection arrangement, a letter of authorization (LOA)
must be submitted with the Collocation Transfer of Responsibility
Application, signed by both CLECs in the direct CLEC-to-CLEC
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arrangement authorizing the transfer of the direct CLEC-to-CLEC
connection service to assuming CLEC. A separate LOA is required for
each direct CLEC-to-CLEC relationship associated with the transferring
Collocation site. Each LOA shall identify the CLECs, CLLI codes, and
BANs for their respective Collocations.
22.17 Vacating CLEC and/or assuming CLEC will be
responsible for submitting Local Service Requests (LSRs) for Unbundled
Loops, enhanced extended Loops (EELs), and line splitting. Assuming
CLEC may submit LSRs once it has accepted the quote for the
Collocation Transfer of Responsibility and has received the preliminary
APOT information from Qwest. Orders to transfer Local Interconnection
Service (LIS) trunks and ancillary services (e., SS7 , 911 , operator
services) with no translation activity, as well as private line and Access
Services circuits , will be processed based on the information provided inthe Collocation Transfer of Responsibility Application spreadsheet.
Assuming CLEC is responsible for Directory' Assistance (DA), operator
services (OS), Directory Listings Busy Line Verify/Busy Line Interrupt
(BL V/BLI), and 911 changes, if applicable. ,Any SS7 changes will need to
be made after the transfer is complete.
22.18 After the Collocation Transfer of Responsibility is
complete, vacating CLEC, assuming CLEC, and Qwest are all required to
sign the Qwest Services Transfer Agreement.
22.19 Billing. Vacating CLEC will not incur charges for the
transfer of the Collocation site. Vacating CLEC is obligated to pay all
recurring charges associated with the Collocation until Qwest completes
the Collocation Transfer of Responsibility request. Assuming CLEC'
quote will reflect the following nonrecurring charges associated with the
transfer of the Collocation site: Assessment Fee , payable regardless of
whether the quote is accepted or not, a Network Systems Administration
Fee, and charges for processing the transfer. of working circuits
applicable. Upon completion of the Collocation Transfer of Responsibility,
Qwest will begin Billing assuming CLEC for all recurring charges basedon assuming CLEC'Interconnection Agreement and cease Billing
vacating CLEC.
22.Abandoned Equipment. If Qwest finds
, ,
in the course
business, evidence to substantiate that any equipment or property of CLEC has
been abandoned or left unclaimed in or at any Premises Qwest shall notify
CLEC in writing of the existence of such equipment or property and CLEC shall
have thirty (30) calendar Days from the date of such notice to remove such
equipment or property from the Premises. If, prior to the termination of the thirty
(30) calendar Day period CLEC disputes that the equipment or property has
been abandoned or left unclaimed at the Premises , CLEC shall provide written
notice to Qwest of such dispute ("Resolution Request") and commence Dispute
Resolution proceedings pursuant to Section 5.18 of this Agreement. If
Resolution Request has been delivered to Qwest within thirty (30) calendar Days
of the notice , all equipment or property of CLEC not removed from the Premises
shall conclusively be deemed and construed to have been transferred, deeded
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and assigned by CLEC to Qwest and may be appropriated , sold, stored
destroyed and/or otherwise disposed of by Qwest without further notice to CLEC
and without obligation to account therefor, and CLEC shall reimburse Qwest for
all reasonable expenses incurred in connection with the storage or other
disposition of such equipment or property. If CLEC delivers a Resolution
Request but fails to commence Dispute Resolution proceedings pursuant to
Section 5.18 of this Agreement or to otherwise resolve the dispute with Qwest
within thirty (30) calendar Days of the delivery of such Resolution Request, then
thirty (30) calendar Days after the date of the Resolution Request, all equipment
or property of CLEC not removed from the Qwest Premises shall conclusively be
deemed and construed to have been transferred, deeded , and assigned by
CLEC to Qwest and may be appropriated, sold , stored, destroyed and/or
otherwise disposed of by Qwest without further notice to CLEC and without
obligation to account therefor, and CLEC shall reimburse Qwest for all
reasonable expenses incurred in connection with the storage or other disposition
of such equipment or property. CLEC hereby releases and agrees to defend
indemnify, and hold harmless Qwest from and against any and all costs
expenses , claims, judgments, damages , liability or obligation arising out of or in
connection with Qwest'exercise of any or all of its rights under this Section.
Notwithstanding the provisions of this Section, where CLEC has submitted a
Decommissioning Application, the provisions of Section 8.22.of this
Agreement, shall govern the equipment or property of CLEC and not this Section
unless CLEC fails to remove its equipment or property in accordance with the
terms of Section 8.22.1 of this Agreement.23 Qwest shall design and engineer the most efficient route and cable
racking for the connection between CLEC's equipment in its collocated spaces to the
collocated equipment of another CLEC located in the same Qwest Premises; or to
CLEC's own non-contiguous Collocation space. The most efficient route generally will
be over existing cable racking, to the extent Technically Feasible, but to determine the
most efficient route and cable racking, Qwest shall consider all information provided by
CLEC in the Collocation Application form , including but not limited to, distance limitations
of the facilities CLEC intends to use for the connection. CLEC shall have access to the
designated route and construct such connection, using copper, coax, optical fiber
facilities, or any other Technically Feasible method utilizing a vendor of CLEC's own
choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically
Feasible connecting facilities outside of the actual physical Collocation space , subject
only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest.
CLEC may perform such Interconnections at the ICDF if desired. CLEC may
interconnect its network as described herein to any other collocating Carrier, to any
collocated Affiliate of CLEC, to any End User Customer s premises , and may
interconnect CLEC's own collocated space and/or equipment (e., CLEC's Physical
Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC
Connections shall be ordered either as part of a Collocation Application under Section
8.4, or separately from Collocation Application in accordance with Section 8.4.
CLEC-to-CLEC Cross Connections at an lCDF are available, as follows:
23.CLEC-to-CLEC Cross Connections at the ICDF.
23.1 CLEC-to-CLEC Cross Connection (COCC-X)
defined as CLEC'capability to order a Cross Connection from its
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Collocation in a Qwest Premises to its non-adjacent Collocation space or
to another CLEC's Collocation within the same Qwest Premises at the
ICDF.
23.Qwest will provide the capability to combine these
separate Collocations through an Interconnection Distribution Frame
(ICDF). This is "accomplished by the use of CLEC's Connecting Facility
Assignment (CFA) terminations residing at an ICDF. Also, ICDF Cross
Connections must terminate on the same ICDF at the same service rate
level.
23.If CLEC has its own dedicated ICDF CLEC is
responsible for ordering tie cables to the common ICDF frame/bay where
the other CLEC resides. These tie cables would be ordered through the
existing Collocation Application form.
23.1.4 CLEC is responsible for the end-to-end service
design that uses ICDF Cross Connection to ensure that the resulting
service meets its End User Customer s needs. This is accomplished by
CLEC using the Design Layout Record (DLR) for the service connection.
23.If two (2) CLECs are involved, one (1) CLEC acts as
the "ordering" CLEC. The ordering CLEC identifies both connection
CFAs on the ASR. CLEC requests service order activity by using the
standard ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and Billing Forum). Refer to the DMP (Document Management
Platform)/Carrier/Carrier Centers/"/"ASOG" for copies of all forms
including definitions of the fields. CLEC is responsible for obtaining these
forms. Qwest must not reproduce copies for its Customers, as this is a
copyright violation. The standard industry forms for CLEC-to-CLEC
Cross Connections (COCC-X) are: Access Service Request (ASR),
Special Access (SPE) and Additional Circuit Information (ACl).24 Qwest will provide CLEC the same connection to the network as Qwest
uses for provision of services to Qwest End User Customers. The direct connection to
Qwest's network is provided to CLEC through a direct connection to Qwest's existing
Cross Connection network. CLEC and Qwest will share the same distributing frames for
similar types and speeds of equipm~nt, where Technically Feasible and space
permitting.25 CLEC terminations will be placed on the appropriate Qwest Cross
Connection frames using standard engineering principles. CLEC terminations will share
frame space with Qwest terminations on Qwest frames without a requirement for an
intermediate device.26 If CLEC disagrees with the selection of the Qwest Cross Connection
frame CLEC may request a tour of the Qwest Premises to determine if Cross
Connection frame alternatives exist, and may request a connection to an alternative
frame or an alternative arrangement, such as direct connections from CLEC'
Collocation space to the MDF or COSMICTM frame.
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27 Conversions of the various Collocation arrangements (e., Virtual to
Physical) will be considered on an Individual Case' Basis. However, conversions from
Virtual Collocation to Cage less Physical Collocation, where the conversion only involves
an administrative and Billing change, and the virtually collocated equipment is located in
a space where Cage less Physical Collocation is available, shall be completed in thirty
(30) calendar Days. CLEC must pay all associated conversion charges.28 Qwest shall permit CLEC to construct or subcontract the construction and
build-out of Physical Collocation arrangements with contractors approved by Qwest.
Such CLEC construction of Physical Collocation arrangements are for within CLEC'
physical space including the cage, if appropriate, frames , and cable racking. Also
CLEC may install the tie cables, blocks, and terminations on the lCDF or CLEC-to-CLEC
connections , outside CLEC's physical space and according to Qwest's design. Qwest
approval of CLEC contractors involves security access arrangements and shall not be
unreasonably withheld. CLEC is not required to use Qwest or Qwest contracted
personnel for the engineering and installation of CLEC's collocated equipment. Approval
by Qwest of CLEC's employees, vendors or subcontractors shall be based on the same
criteria that Qwest uses in approving contractors for its own purposes.29 Qwest will provide CLEC with written notification at least five (5) business
days before any scheduled non-emergency AC or DC power work in the collocated
facility that may cause a power disruption to CLEC equipment located in the Qwest
facility. This does not include .notification of routine power testing or power installation
work not expected to cause a power disruption. Qwest will use diligent efforts to notify
CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon
as Qwest becomes aware that an outage is to take place or has occurred and (b) any
emergency power disruption that would impact CLEC equipment no later than thirty (30)
minutes after such activity commences. Finally, Qwest shall immediately notify CLEC by
ACR if an alarm condition exists with respect to the monitoring of power that poses a
material risk to the continued operation of CLEC equipment. 30 Optional DC Power Measurement. CLEC will order DC power to meet its
needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than
sixty (60) amps, Qwest typically terminates such feed on a power board. If CLEC orders
sixty (60) amps or less, the power feed typically terminates at a battery distribution fuse
board (BDFB). No power measurements are performed at a BDFB. Therefore, for sixty
(60) amps or less, the power usage rate is based on CLEC ordered amps. For power
feeds of greater than sixty (60) amps terminated at the power board, Owest will measure
usage on a semi-annual basis if CLEC orders Optional DC Power Measurement. Qwest
will also take a reading within thirty (30) calendar Days of a written request by CLEC.
Qwest will perform a maximum of four (4) readings per year for a particular Collocation
site. Until the routine semi-annual reading or until such time that Qwest makes a
reading based on a written request, Qwest will bill CLEC based on the amount of power
ordered. Based on the reading, Qwest will adjust the new monthly usage rate to CLEC'
actual usage rate on a going forward basis. 31 Joint Testing. Joint Testing allows CLEC to request Qwest to participate
in Joint Testing of CLEC terminations at the Interconnection Distribution Frame (ICDF).
CLEC may request Joint Testing on the Collocation Application form or by sending a
separate Joint Testing Application form. Collocation and Joint Testing Application forms
are available in the PCAT. CLEC must specify on its application the terminations to be
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tested and the type of tests to be performed with Qwest. CLEC must provide contact
information on the application for Qwest to arrange the Joint Testing date and time.
Qwest will acknowledge acceptance of the application within ten (10) calendar Days of
receipt. Joint Testing will be complete within ninety (90) calendar Days of the RFS if
Joint Testing is requested on the Collocation Application form or ninety (90) calendar
Days from acceptance of the Joint Testing Application form.
31.Qwest will only test between CLEC Collocation and the lCDF
once CLEC equipment is in place. Joint Testing is, only available for the
terminations identified on the Collocation Application or Joint Testing Application.
If CLEC wants additional terminations tested that are not identified on its initial
application, CLEC will need to complete a new Joint Testing Application.
31.Each Party will provide appropriate test equipment for its
technicians. Owest will assist CLEC in conducting continuity tests
terminations at the lCDF. Qwest will not operate CLEC test equipment. If errors
are found during the Joint Testing, Qwest will only repair Qwest network faults.
CLEC is responsible for replacement or repair of CLEC-provided facilities.
31.If during the scheduled Joint Testing, the Qwest-caused error
rate is more than two percent (20/0) on the terminations identified for testing,
Qwest will not charge for this Joint Testing. If there are less than two percent
(20/0) errors found or if the errors found are facility errors on CLEC provided
facilities, Qwest will charge for the Joint Testing. One (1) pair is counted as two
(2) terminations and errors are counted on a one (1) termination basis. If CLEC
requests that the charges be waived because Qwest errors are found during
Joint Testing, Qwest may access CLEC's Collocation space to identify if the
facility cabling sequence is correct, per applicable standards. CLEC may review
Qwest facility cabling at the ICDF to verify the cable sequence, per applicable
standards.32 DC Power Reduction. DC Power Reduction With Reservation allows
CLEC to reserve a fuse or breaker position on the power board or battery distribution
fuse board (BDFB) when reducing a secondary power feed to zero. CLEC will pay a
monthly power maintenance charge to retain the existing power cabling and fuse
position for future power augment requests or until such time as CLEC notifies Qwest it
wishes to discontinue the option. DC Power Reduction Without Reservation allows
CLEC to reduce the ordered amps on a primary or secondary feed to a minimum oftwenty (20) amps.
32.Applications for DC Power Reduction may be submitted only for
Collocation sites that have been completed and accepted by CLEC , otherwise
CLEC should follow standard change or augment procedures including the
applicable rates for changes or augments. On the Collocation Application, CLEC
should indicate that it is a request for DC Power Reduction and identify the
specific power feeds to be reduced. CLEC should submit the applicable QPF or
Engineering and Design fee with its Collocation Application requesting DC Power
Reduction. Qwest will notify CLEC of any deficiencies in the Collocation
Application , within ten (10) calendar Days of receipt. A quote for the DC Power
Reduction will be provided to CLEC within twenty-five (25) calendar Days. The
quoted nonrecurring charges will be honored for thirty (30) calendar Days from
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the quote. CLEC payment of all quoted nonrecurring charges constitutes
acceptance and Qwest will then perform the work. If CLEC accepts the quote
within seven (7) calendar Days , Owest shall complete the DC Power Reduction
within ninety (90) calendar Days of receipt of the Collocation Application. If
CLEC accepts the quote after seven (7) calendar Days, Qwest shall complete the
DC Power Reduction' within ninety (90) calendar Days of receipt of CLEC'acceptance.
32.CLEC assumes all responsibility for outages or impacts to CLEC
services and equipment due to the reduction in DC power. Restoration of the DC
power is contingent upon the desired power and fuse availability.
32.Before submitting a Collocation Application requesting
Power Reduction, CLEC's financial obligations for the Collocation site must be
current, with the exception of formally disputed charges. Billing to CLEC will be
revised to reflect the reduced DC power upon receipt of payment of the quoted
charges effective back to the date of acceptance by Qwest of the Collocation
Application.
32.4 If a shortage of fuse positions is imminent, Qwest will notify CLEC
of the need to exercise its option to reuse the power feed and fuse, or relinquish
the fuse position for use by another CLEC or Qwest. Upon receipt of such
notification , CLEC must request restoration of the secondary power feed to at
least twenty (20) amps or return the fuse position 'to Qwest within thirty (30)
calendar Days.33 Collocation Available Inventory. Collocation Available Inventory provides
CLEC with information about the availability of (a) returned Collocation sites and
elements under Qwest's control ("Qwest Postings ) and (b) CLEC controlled sites that
may be posted are available for a Transfer of Responsibility ("CLEC Postings
).
Qwest
and CLECs may post available Collocation sites on Qwest's wholesale web site at:
http://www.qwest.com/whoiesale/pcat/colloclassifieds.htmi. CLEC must either have an
approved Interconnection Agreement or is currently negotiating with Qwest to have an
interim Interconnection Agreement with the specific type of Collocation to be obtained.
the Interconnection Agreement is pending approval CLEC must execute an early
ordering letter. Qwest reserves the right to remove Qwest Postings to satisfy CLEC
Collocation Applications or Qwest space requirements. Qwest shall not use the Qwest
Postings as a basis to claim exhaust in any Qwest Premises.
33.CLEC obtaining a Collocation site from Qwest Postings must not
have any overdue financial obligations owed to Qwest for Collocation, with the
exception of formally disputed charges. CLEC will be required to pay a minimum
of six (6) months of space construction and floor space lease recurring charges if
CLEC terminates its lease prior to six (6) months occupancy.
33.Qwest Postings. Collocation sites available in Qwest Postings
may be partially or fully completed before being returned to Qwest inventory.
Both Caged Physical Collocation and Cageless Physical Collocation sites will be
offered in the Qwest Postings and will be available under the terms and
conditions set forth in the Interconnection Agreement of the CLEC acquiring the
Collocation space. CLEC may request to add to or complete the Collocation site
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to its specifications. CLEC may also request that Qwest reduce the cable
terminations and CLEC will be charged for the removal of such cable
terminations.
33.All services that were previously connected to the Collocation
(e., UNEs. CLEC to CLEC, administrative lines , Finished Services, and Line
Splitting) will be disconnected before the site is listed in the Qwest Postings.
Power, grounding, and Entrance Facilities will also be disconnected before the
site is listed. Qwest shall inventory all reusable and reimbursable elements and
include them in the Collocation site information.
33.4 Qwest may also elect to offer Collocation sites returned through
bankruptcy or abandonment consistent with Applicable Law (i.e.
, "
Special Sites
These Collocation sites will not be decommissioned and will be posted as
unverified sites with equipment which may include electronic equipment, racks
cages, DC power, grounding and terminations. It is expressly understood and
agreed that Qwest is selling equipment that is used or surplus equipment on an
as is, where is" basis with all faults , latent and patent, and the equipment is
conveyed without any Qwest warranties or representations of any kind, express
or implied. CLEC is responsible for all software and software license agreements
for any equipment conveyed as part of a Special Site. CLEC is responsible for
handling, scrapping, destruction or other disposition of any equipment conveyed
as part of a Special Site and shall conform and comply with: (a) All applicable
federal, state, county and municipal laws, statutes, regulations, and codes
regulating hazardous wastes, materials or substances, including, but not limited
to the Toxic Substances Control Act (TSCA) (15 U.C. 2601 et seq.); the
Resource Conservation and Recovery Act (RCRA) (42 U.C. 6901 et seq.
Hazardous Materials Transportation Act (HMTA) (49 U.C. 1801 et seq.
Occupational Safety and Health Act (OSHA) (29 U.C. 651 et seq.
Comprehensive Environmental Response, Compensation , and Liability Act
(CERCLA)(42 U.C. 9601 et seq.); and any successor acts thereto or the
regulations promulgated thereunder and any applicable International laws and
regulations; (b) Environmental rules and regulations governing environmental
impacts associated with the production and or recovery of precious metals , scrap
metals and material processing and or residual material disposition whether
hazardous or non-hazardous as defined by governing laws and or applicable
laws and are the sole responsibility of CLEC; and (c) All hazardous waste
hazardous material, hazardous substances or solid waste manifests relating to
the shipping, receiving, disposal or final disposition of the equipment shall not
reference, list or otherwise indicate on the manifest that Qwest is the generator
arranger, transporter, owner or otherwise the party that owns, controls, manages
handles , stores, generates or otherwise uses the equipment. On any required
hazardous waste, hazardous material , hazardous substances or solid waste
manifest relating to the shipping, receiving, disposal or final disposition of the
equipment, CLEC shall be listed as the generator, arranger and owner of the
materials.
33.CLEC will submit a Collocation Application indicating a specific
Collocation site from the Collocation Available Inventory. Qwest will follow the
standard Collocation provisioning intervals for the type of Collocation as included
in CLEC's Interconnection Agreement. During preparation of the quote, Owest
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will validate all reusable elements and send an inventory verification letter. After
receipt of the validated inventory, CLEC may cancel the Collocation Application
or submit a change to the pending Collocation Application. Any cancellation due
to differences between the Qwest Posting and actual inventory will not result in a
QPF or Engineering and Design Fee being charged.
, 8.33.Charges for Collocation sites listed in the Qwest Postings will be
on a site specific basis, according to assuming CLEC'Interconnection
Agreement and its requested work in the Collocation Application. Assuming
CLEC will receive a fifty. percent (500/0) discount on nonrecurring reusable
elements , if any, as defined in Section 8.22.
CLEC Collocation of Splitters
34.If CLEC elects to have Splitters installed in Qwest Wire Centers
, via the standard Collocation arrangements CLEC will either purchase the
Splitters or have Qwest purchase the Splitters subject to full reimbursement of
the cost of the Splitters plus any pass through of actual vendor invoice costs
including but not limited to taxes, shipping and handling. The Splitters must meet
the requirements for Central Office equipment Collocation set by the FCC. CLEC
will be responsible for installing and maintaining the Splitters in its Collocation
areas within Qwest Wire Centers.
34.Reclassification allows CLEC that has existing spare
terminations to reclassify those terminations for UNE or other services as
necessary. Reclassification is required when the terminations for the requested
services are inventoried in a database different from the database of the existing
spare terminations. A spare termination is a CLEC termination that is not in use
and has no pending orders against it.
34.CLEC may designate some or all of its existing tie cables for use
in connection with UNEs or other services. Qwest will perform any necessary tie
cable reclassifications, frame re-stenciling, and related work for which it
responsible and that is required to provision Line Splitting and Loop Splitting.
Charges will apply pursuant to Exhibit A of the Agreement.
34.4 Two (2) ITPs and two (2) tie cables will be needed to connect
Splitters to the Qwest network. One (1) ITP will carry both voice and data traffic
from the COSMlCTM/MDF Loop termination, to an appropriate ICDF. From this
frame, one (1) tie cable will carry both voice and data traffic to the Splitter located
in CLEC's Collocation area. The voice and data traffic will be separated at the
Splitter. The data traffic will be routed to CLEC's network within its Collocation
area. The voice traffic will be routed to the COSMICTM/MDF Switch termination
via the ICDF , using a second tie cable and a second lTP.
34.Interconnection Tie Pairs and Tie Cables. There are two (2)
types of lTP arrangements for connecting the Qwest network to the CLEC
provided Splitter, depending on whether CLEC elects to use an lCDF or direct
connections.
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34.CLEC may elect to use an ICDF. In this instance , one (1)
lTP carries the combined voice/data signal from the COSMICTM/MDF
Loop termination to the ICDF and a second ITP carries the voice only
signal from the lCDF to the COSMICTM/MDF Switch termination. For
each Shared Loop, two (2) pairs of the tie cable must be used: one (1)
pair of the tie cable will carry the voice/data from the lCDF to the CLEC
provided Splitter, and the second pair will carry the voice-only signal from
the CLEC provided Splitter to the lCDF.
34.CLEC may elect to use direct connections between
the CLEC-provided Splitter and the COSMICTM/MDF. In this instance
Qwest will provide one (1) tie cable between each module of the
COSMICTM/MDF and the CLEC-provided Splitter. One (1) pair in the tie
cable will carry the combined voice/data signal from the COSMICTM/MDF
Loop termination to the CLEC-provided Splitter in CLEC's Collocation
space. A second pair in the tie cable will carry the voice-only signal from
the CLEC-provided Splitter to the Switch termination on the
COSMICTM/MDF. These tie cables will be dedicated to CLEC's use, and
as a result, the full cost of the necessary Mechanized Engineering and
Layout for Distributing Frame (MELDTM ) run , cable placement, and cable
termination, and associated COSMICTM/MDF hardware to terminate a tie
cable on each outside plant and Switch equipment module of the
COSMICTM/MDF will be assessed to CLEC in accordance with Section 8
(Collocation). To minimize CLEC's cost, to the extent feasible, Qwest
shall consolidate CLEC's requirements with the requirements of Qwest
and other CLECs into a single MELDTM run whenever feasible. Costs of
such consolidated MELDTM runs shall be prorated among the parties
including Qwest.Qwest will provide, for each Shared Loop, the tie cable
pair assignments.
34.The Demarcation Points between Qwest's network and CLEC'
network will be the place where the combined voice and data Loop is connected
to the lCDF, or where CLEC chooses a direct connection to the COSMICTM/MDF
where the combined voice and data Loop originates from CLEC's Collocation.
Terms and Conditions - Virtual Collocation
Qwest is responsible for installing, maintaining, and repairing virtually
collocated equipment for the purpose of Interconnection or to access UNEs, ancillary
and Finished Services. When providing Virtual Collocation , Qwest shall install, maintain
and repair collocated equipment within the same time periods and with failure rates that
are no greater than those that apply to the performance of similar functions forcomparable equipment of Qwest.
CLEC will not have physical access to the virtually collocated equipment
in the Qwest Premises. However, CLEC will have physical access to the Demarcation
Point in the Qwest Premises.
CLEC will be responsible for obtaining and providing to Qwest
administrative codes (e.common language codes) for all equipment provided by
CLEC and installed in Qwest Premises.
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2.4 CLEC shall ensure that upon receipt of CLEC'virtually collocated
equipment by Qwest, all warranties and access to ongoing technical support are passed
through to Qwest at CLEC's expense. CLEC shall advise the manufacturer and seller of
the virtually collocated equipment that CLEC's equipment will be possessed , installed
and maintained by Owest.
5 CLEC'virtually collocated equipment must comply with Telcordia
Network Equipment Building System (NEBS) Level 1 safety standards and any statutory
(local, state or federal) and/or regulatory requirements in effect at the time of equipment
installation or that subsequently become effective. CLEC shall provide Qwest interface
specifications (e., electrical , functional, physical and software) of CLEC'virtually
collocated equipment. Such safety and engineering standards shall apply to CLEC
equipment only to the degree that they apply to Owest equipment located in Qwest'
Premises.
CLEC must specify all software options and associated plug-ins' for its
virtually collocated equipment.
CLEC will be responsible for payment of Qwest'initial direct training
charges associated with training Qwest employees for the maintenance, operation and
installation of CLEC's virtually collocated equipment when such equipment is different
than the standard equipment used by Qwest in that Premises. This includes per diem
charges (i.expenses based upon effective Qwest labor agreements), travel and
lodging incurred by Qwest employees attending a vendor-provided training course.
CLEC will be responsible for payment of reasonable charges incurred in
the maintenance and/or repair of CLEC's virtually collocated equipment in accordance
with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the
foregoing, CLEC shall not be responsible for any costs or charges incurred in the
maintenance and/or repair of CLEC's virtually collocated equipment where such costs or
charges result from Qwest's fault or negligence.
Terms and Conditions - Caged and Cage less Physical Collocation
Qwest shall provide Caged and Cage less Physical Collocation to CLEC
for access to UNEs and ancillary services and Interconnection, except that Qwest may
provide Virtual Collocation if Qwest demonstrates to the Commission that Physical
Collocation is not practical for technical reasons or because of space limitations , as
provided in Section 251 (c)(6) of the Act.
Physical Collocation is offered in Premises on a space-available , first
come , first-served basis.
Intentionally Left Blank.3.4 Qwest will design the floor space in the most efficient manner possible
within each Premises that will constitute CLEC's ,leased space. CLEC will
accordance with the other terms and conditions of this Section , have access to its leased
space.
When Qwest constructs the collocated space, Qwest will ensure that the
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necessary construction work (e., racking, ducting and caging for Caged Physical
Collocation) is performed pursuant to Qwest Technical Publication 77350, including all
construction of CLEC's leased physical space and the riser from the vault to the leased
physical space.
CLEC owns or leases and is responsible for the installation , maintenance
and repair of its equipment located within the physically collocated space leased from
Qwest.
Qwest shall permit CLEC to commence installation of its equipment prior
to . completion of Qwest's work on the remaining Collocation infrastructure, at no
additional charge to CLEC. Such "early access" date will be negotiated by Qwest and
CLEC on a. site specific basis. In order to obtain early access , CLEC must pay eighty
percent (800/0) of the remaining fifty percent (500/0) of the quoted nonrecurring charges
before early access is granted , leaving a holdback of ten percent (100/0) of the originally
quoted nonrecurring charges. All appropriate (i.e. space and cable racking) recurring
charges will begin on a negotiated date. The enclosure for Caged Physical Collocation
must be complete before early access is granted. Such early access by CLEC shall not
interfere with the work remaining to be performed by Qwest.
Upon completion of the construction of the Collocation project, Qwest will
work cooperatively with CLEC in matters of joint testing and maintenance.9 If, during installation , Qwest determines CLEC activities or equipment do
not comply with the NEBS Level 1 safety standards listed in th'is Section or are
violation of any Applicable Laws or regulations all equally applied to Qwest, Qwest has
the right to stop all installation work until the situation is remedied. Qwest shall provide
written notice of the non-compliance to CLEC and such notice will include: (1)
identification of the specific equipment and/or installation not in compliance; (2) the
NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that CLEC's equipment and/or installation does not meet the safety
requirement; and (4) list of all equipment that Qwest locates at the Premises in
question, together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends CLEC's equipment fails to meet. If such
conditions pose an immediate threat to the safety of Qwest employees, interfere with the
performance of Qwest's service obligations , or pose an immediate threat to the physical
integrity of the conduit system, cable facilities or other equipment in the Premises, Qwest
may perform such work and/or take action as is necessary to correct the condition at
CLEC's expense. In the event that CLEC disputes any action Qwest seeks to take or
has taken pursuant to this provision , CLEC may pursue immediate resolution by the
Commission or a court of competent jurisdiction.10 All equipment placed will be subject to random safety audits conducted by
Qwest. These audits will determine whether the equipment meets the NEBS Level
safety standards required by this Agreement. CLEC will be notified of the results of this
audit. If, at any time , pursuant to a random audit or otherwise , Qwest determines that
the equipment or the installation does not meet the NEBS standards described in
Section 8., CLEC will be responsible for the costs associated with the removal
modification to, or installation of the equipment to bring it into compliance. Qwest shall
provide written notice of the non-compliance to CLEC, and such notice will include: (1 )
identification of the specific equipment and/or installation not in compliance; (2) the
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NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that CLEC's equipment and/or installation does not meet the safety
requirement; and (4) a list of all equipment that Qwest locates at the Premises in
question , together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends CLEC's equipment fails to meet. If CLEC fails
to correct any non-compliance within fifteen (15) calendar Days of written notice of non-
compliance, or if such non-compliance cannot be corrected within fifteen (15) calendar
Days of written notice of non-compliance , and if CLEC fails to take all appropriate steps
to correct any non-compliance as soon as reasonably possible Qwest may pursue
immediate resolution by the Commission or a court of competent jurisdiction. If there is
an immediate threat to the safety of Qwest employees , or an' immediate threat to the
physical integrity of the conduit system, cable facilities, or other equipment in the
Premises, Qwest may perform such work and/or take such action as is necessary to
correct the condition at CLEC's expense.11 Qwest shall provide basic telephone service with a connection jack at the
request of CLEC for Caged or Cage less Physical Collocation space. Upon CLEC'
request, this service shall be available per standard Qwest business service Provisioning
processes and rates.12 For Caged Physical Collocation, CLEC'leased floor space will be
separated from other CLECs and Qwest space through a cage enclosure. Qwest will
construct the cage enclosure or 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 cage enclosure. All CLEC
equipment placed will meet NEBS Level 1 safety standards, and will comply with any
local , state, or federal regulatory requirements in effect at the time of equipment
installation or that subsequently become effective.13 For Cage less Physical Collocation in a Wire Center, the minimum square
footage is nine (9) square feet per bay (however, if smaller bays are or become
available, Qwestwill reduce the minimum square footage accordingly). Requests for
multiple bay space will be provided in adjacent bays where possible. When contiguous
space is not available , bays may be commingled with other CLECs' equipment bays.
CLEC may request, through the Qwest Space Reclamation Policy, a price quote to
rearrange Qwest equipment to provide CLEC with adjacent space.
Transmission Facility Access to Collocation Space
2.4.For Virtual or Physical Collocation CLEC may select from four (4)
optional methods for facility access to its Collocation space. They include: 1) fiber
Entrance Facilities, 2) purchasing private line or Access Services , 3) Unbundled Network
Elements, and 4) microwave Entrance Facilities. Other Entrance Facility technologies
may be requested through the BFR process.
2.4.Collocation Fiber Entrance Facilities. Qwest offers three (3) Fiber
Collocation Entrance Facility options - Standard Fiber Entrance Facility, Cross Connect
Fiber Entrance Facility, and Express Fiber' Entrance Facilities. These options apply to
Caged and Cage less Physical Collocation and Virtual Collocation. Fiber Entrance
Facilities provide the connectivity between CLEC'collocated equipment within the
Qwest Wire Center and a Collocation Point of Interconnection (C-POl) outside the Qwest
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Wire Center where CLEC shall terminate its fiber-optic facility, except the Express Fiber
Entrance Facilities.
2.4.CLEC is responsible for providing its own fiber facilities to the C-POI
outside Qwest's Wire Center. Qwest will extend the fiber cable from the C-POI to a
Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure
will then be provided by Qwest from the FDP to continue the run to CLEC's leased
Collocation space (Caged or Cageless Physical Collocation) or CLEC's equipment
(Virtual Collocation). The Qwest-provided facility from the C-POI to the leased
Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall
be considered the Collocation Fiber Entrance Facility. The preceding provisions do not
apply to an Express Fiber Entrance Facility which provides that CLEC fiber will be pulled
to CLEC Collocation equipment without splices or termination on an FDP.
2.4.Standard Fiber Entrance Facility -- The standard fiber Entrance
Facility provides fiber connectivity between CLEC's fiber facilities delivered to the
POI and CLEC's Collocation space in increments of twelve (12) fibers. CLEC'
fiber cable is spliced into a Qwest-provided shared fiber entrance cable that
consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy-
two (72) fiber cable. The seventy-two (72) fiber cable shall be terminated on a
Fiber Distribution Panel (FDP). A twelve (12) fiber Interconnection cable is
placed between CLEC's Collocation space and the FDP. The FDP provides
Qwest with test access and a connection point between the transport fiber and
CLEC's Interconnection cable.
2.4.Cross Connect Fiber Entrance Facility - The cross connect fiber
Entrance Facility provides fiber connectivity between CLEC'fiber facilities
delivered to a C-POI and multiple locations within the Qwest Wire Center.
CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable
in twelve (12) fiber increments. The Qwest fiber cable consists of six (6) buffer
tubes containing twelve (12) fibers each for a seventy~two (72) fiber cable. The
seventy-two (72) fiber cable terminates in a fiber distribution panel. This fiber
distribution panel provides test access and flexibility for Cross Connection to a
second fiber distribution panel. Fiber Interconnection cables in four (4) and
twelve (12) fiber options connect the second fiber distribution panel and
equipment locations in the Qwest Wire Center. This option has the ability to
serve multiple locations or pieces of equipment within the Qwest Wire Center.
This option provides maximum flexibility in distributing fibers within the Wire
Center and readily supports Virtual and Cage less Physical Collocation and
multiple CLEC locations in the office. This option also supports transitions from
one (1) form of Collocation to another.
2.4.Express Fiber Entrance Facility - Qwest will place CLEC-
provided fiber cable from the C-POI directly to CLEC's Collocation space. The
fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating
requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice will occur in the cable vault to insure that the
cable within the Qwest Wire Center meets requirements. This option will not be
available if there is only one (1) conduit with two (2) unused innerducts (one (1)
for emergency restoral and one for a shared entrance cable).
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2.4.4 Qwest will designate the location of the C-POI for Virtual, Caged Physical
or Cage less Physical Collocation arrangements.
2.4.The Collocation Entrance Facility is assumed to be fiber optic cable and
meets industry standards (GR. 20 Core). Metallic sheath cable is not considered a
standard Collocation Entrance Facility. Requests for non-standard entrances will be
considered through the BFR process described in the Bona Fide Request Process
Section of this Agreement. All costs and Provisioning intervals for non-standard
entrances will be developed on an Individual Case Basis.
2.4.Qwest shall provide an Interconnection point or points, physically
accessible by both Qwest and CLEC , at which the fiber optic cable carrying CLEC'
circuits can enter Qwest'Wire Center, provided that Qwest shall designate
Interconnection points as close as reasonably possible to its Premises. Qwest shall
offer at least two (2) such Interconnection points at each Qwest Wire Center when
least two (2) entry points pre-exist and duct space is available. Owest will not initiate
construction of a second, separate Collocation Entrance Facility solely for Collocation.
Qwest requires the construction of a new Collocation Entrance Facility for its own use
then the needs of CLEC will also be taken into consideration.
2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase Qwest Tariffed or cataloged Private Line or Switched Access Services.
2.4.As an alternative to the Fiber Entrance Facilities described above , CLEC
may purchase unbundled dedicated interoffice transport.
2.4.Microwave Entrance Facilities. Qwest offers Microwave Entrance
Facilities, on Premises owned or controlled by Qwest, to access CLEC transmission
equipment collocated on or inside the Qwest Premises. The rooftop, duct, conduit, and
riser cable space for Microwave Entrance Facilities is available on a first-come, first-
served basis, where Technically Feasible. CLEC may place its microwave antenna on a
Qwest owned or controlled existing tower, building, or supporting structure , where space
is available or CLEC may construct such tower or supporting structure , if necessary and
if there is sufficient space and the building structure is not jeopardized. Such microwave
equipment will be limited to that which is necessary for Interconnection to Qwest'
network or access to Qwest's Unbundled Network Elements.
2.4.Qwest will jointly coordinate and plan with CLEC for the placement
and location of the microwave equipment on a non-penetrating roof mount
, '
or an
existing tower or supporting structure on the exterior of a Qwest Premises. The
method of placing CLEC microwave equipment shall be mutually agreed upon.
Tower space or building roof space that allows for unobstructed line-of-sight will
be provided by Qwest where Technically Feasible. A weather proof cable entry
hatch or an existing wave-guide hatch or other suitable entrance into the building
is required. 'If space is available , CLEC may use an existing cable entry hatch or
a new cable entry hatch will need to be constructed. The cable entry hatch
charges are on a per port used basis.
2.4.CLEC can perform the determination of line- of-sight feasibility or
CLEC can request Qwest perform the line-of-sight feasibility. CLEC will submit a
Microwave Entrance Facility Application for each antenna arrang~ment and each
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Qwest Premises requested. A site visit will include appropriate Qwest and CLEC
personnel for the purpose of determining whether an unobstructed line-of-sight is
Technically Feasible and structural analysis of the building. The site visit will
take place within fifteen (15) calendar Days, or as soon thereafter as can be
scheduled by the Parties, of receipt by Qwest of CLEC's Microwave Entrance
Facility Application. If CLEC performs the structural analysis and line-of-sight
feasibility, it shall submit a response regarding its analysis to Qwest and Qwest
will only bill for an escort fee per site requested. If either Party disputes the
technical feasibility, space availability, or other conditions proposed by Owest
the ~arties will promptly petition the Commission for resolution of the dispute.
2.4.If Qwest performs the feasibility analysis, a response will be
provided to CLEC within thirty (30) calendar Days of the site visit with the
structural analysis and line-of-sight feasibility. If the site visit determines that
unobstructed line-of-sight and placement of the microwave equipment are not
Technically Feasible , CLEC will be billed only for the site visit. If the site visit
determines that the placement of microwave equipment is Technically Feasible
Qwest will provide a quote for the Microwave Entrance Facility with the quote for
the submitted Collocation Application. If CLEC does not submit a Collocation
Application for the Premises within thirty (30) Days following the completion of
the line-of-sight and structural feasibility analysis or CLEC subsequently cancels
the Collocation Application , CLEC will be billed for the site visit.
2.4.9.4 CLEC must obtain all necessary variances , licenses, approvals
and authorizations from governmental agencies with jurisdiction, such as use
permits, building permits FGC licenses and FAA approval if required, to
construct, operate and maintain CLEC'facilities. If Qwest'assistance is
required in order for CLEC to obtain necessary licenses or permits, Qwest will
not unreasonably withhold such assistance. CLEC will pay all expenses
associated with that assistance on a time and materials basis.
2.4.CLEC is responsible for the engineering, purchasing, supplying,
installing, maintaining, repairing and servicing of its microwave specific
equipment. CLEC shall provide the cable from the radio frequency (RF)
equipment to the building cable entry hatch., However, CLEC is not permitted to
penetrate the building exterior wall or roof. Qwest will do all building penetration
and Qwest will install the coaxial cable or wave-guide/transmission facility from
the cable entry hatch to CLEC's Collocation space within the interval, as set forth
in Section 8.4, for the type of Collocation requested by CLEC. CLEC facilities
shall not physically, electronically, or inductively interfere with the existing Qwest
or other CLECs' equipment. Each transmitter individually and all transmitters
collectively, for Qwest Qwest Affiliates and CLECs , at a given location shall
comply with appropriate federal, state, and local regulations governing the safe
levels of RF radiation.
2.4.Upon expiration or termination of the Collocation arrangement or
the Microwave Entrance Facility, CLEC shall return the antenna space to . its
original condition. CLEC shall repair any damages caused by removal of its
microwave equipment, or by the use, operation or placement of its microwave
equipment on the Premises. If CLEC performs the foregoing, Qwest shall
impose no charges on CLEC for such work. In the event CLEC fails to remove
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its microwave equipment, CLEC shall be liable to Qwest for all reasonable costs
of removal; restoration of the property, storage, and transportation to CLEC of
such microwave equipment incurred by Qwest.
Terms and Conditions - lCDF Collocation
Interconnection Distribution Frame (ICDF) Collocation is available if
CLEC has not obtained Caged or Cageless Physical Collocation, but requires access to
Owest's Wire Center for combining Unbundled Network Elements, Finished Services
including local Interconnection trunks, and ancillary services. ICDF Collocation provides
CLEC with access to the Interconnection Distribution Frame , where Qwest will terminate
the Unbundled Network Elements, Finished Services and ancillary services ordered by
CLEC. CLEC may combine such services by running a jumper on the ICDF , in
accordance with Section 8.3. CLEC access to the lCDF will be on the same terms
and conditions described for other types of Collocation in this Section. There are
multiple frames that could be used for ICDF Collocation including, but not limited to , the
following: a) existing Interconnection Distribution Frame (ICDF); b) existing DSX panels
for DS1 and DS3 services; c) new Interconnection Distribution Frame; d) existing toll
frame; e) fiber distribution panel; and, f) existing intermediate frame. Qwest-provided
combinations in accordance with Sections 9.1 and 9.23.7 are not provided by Qwest in
CLEC's ICDF Collocation space.
All Qwest terminations on the Interconnection Distribution Frame will be
given a frame address. Qwest will establish and maintain frame address records for
Qwest terminations. Qwest will maintain assignment records for each Unbundled
Network Element, Finished Service, and ancillary service ordered by CLEC that is
terminated on the Interconnection Distribution Frame. Qwest will provide CLEC with the
frame assignments for each Unbundled Network Element, Finished Service, and
ancillary service terminated on the lCDF.
CLEC will be required to place the jumper connection between frame
addresses to connect Unbundled Loops , ancillary and Finished Services. CLEC will be
required to maintain the records for CLEC-provided jumpers.
5.4 Intentionally Left Blank.
Terms and Conditions - Adjacent Collocation and Adjacent Remote Collocation
CLEC may request Adjacent Collocation and Adjacent Remote
Collocation in an existing Qwest controlled environmental vault, controlled environmental
hut, or similar structures on or under Qwest owned , leased or otherwise controlled
property contiguous to a Qwest Premises, to the extent Technically Feasible. Adjacent
Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent
Remote Collocation in an existing structure shall be ordered as Remote Collocation.
Alternatively, if no such structure described above exists, CLEC
may choose to construct or procure a structure to place on or under Qwest
owned , leased or otherwise controlled property contiguous to a Qwest Premises.
Such adjacent structure shall be in accordance with Qwest's design and space
planning for the site. CLEC may propose the design for the adjacent structure
subject to Qwest's approval. Qwest will review the building and property plans
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for the new structure within thirty (30) calendar Days.
CLEC shall own such structure , subject to a reasonable ground
space lease. If CLEC terminates its Adjacent Collocation space , Qwest shall
have the right of first refusal to such structure under terms to be mutually agreed
upon by the Parties. In the event Qwest declines to take the structure or terms
cannot be agreed upon , CLEC may transfer such structure to another CLEC for
use for Interconnection and or access to UNEs. Transfer to another CLEC shall
be subject to Owest's approval , which approval shall not be unreasonably
withheld. If no transfer of ownership occurs, CLEC is responsible for removal of
the structure and returning the property to its original condition.
Qwest shall provide written authorization for use of Qwest's property to
CLECor GLEC's contractor, to the extent that Qwest owns or controls such property, to
assist CLEC in obtaining any building permits or other approvals that may be necessary
to construct the facility. CLEC is responsible for construction of the structure or
procurement of an existing structure. CLEC is responsible for meeting all State and
municipal building and zoning requirements. As participants in utility easements and
public/private rights of way arrangements, CLEC and Qwest are each responsible for
insuring their respective facilities information (housing locations , cable paths, etc.) is
communicated to OneCall/Blue Stakes-type entities, as appropriate.
facilities.
Qwest will provide power and all other Physical Collocation services and
6.4 Upon request, Qwest will evaluate all parking or other spaces outside the
Qwest Premises on Qwest property that can be reasonably made available to CLEC for
Adjacent Collocation. Qwest will retain a reasonable amount of parking space for Qwest
technicians or other vehicles , including CLEC's. Space below a hoisting area will not be
relinquished for Collocation space.
If Physical Collocation space becomes available in a previously
exhausted Qwest structure, Qwest shall not require CLEC to move, or prohibit CLEC
from moving its Collocation arrangement into the Qwest structure. Instead , Qwest shall
continue to allow CLEC to collocate in any adjacent controlled environmental vault
controlled environmental hut, or similar structure.
Terms and Conditions Remote Collocation
Remote Collocation allows CLEC to collocate in a Qwest Remote
Premises that is located remotely from a Qwest Wire Center building property. Such
Remote Premises include controlled environmental vaults , controlled environmental
huts, cabinets, pedestals and other Remote Terminals.
The terms and conditions for Physical Collocation or Virtual Collocation
shall apply to Remote Collocation as appropriate to the specific Remote Premises
structure and subject to technical feasibility (e., Section 8.11 and Section 8.2.4
would not apply), or if appropriate, Adjacent Collocation as set forth above. Space will
be offered in increments appropriate to the Remote Premises structure (i.e., shelf, relay
rack, etc.
).
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Terms and Conditions - Facility Connected (FC) Collocation
Facility Connected (FC) Collocation provides access via an Entrance
Facility if CLEC does not need to collocate equipment in the Wire Center but requires
access for Interconnection or access to UNEs, ancillary services and Finished Services.
CLEC will submit its order using the FC Collocation Application. FC Collocation is
provided on a termination block or termination panel within the designated Wire Center.
Qwest will engineer, provision , maintain and repair all services to the FC Collocation.
CLEC does not have physical access to the FC Collocation.
Qwest will perform the installation of services to the block or panel
termination point indicated by CLEC on its orders LSRs or ASRs , based on the,
connecting facility assignments (CF As) from CLEC'alternative point of termination
(APOT) form.
FC Collocation is available with the following configurations:
Copper Entrance Facility for termination and Cross Connection
to appropriate Digital Service Level 0 (DSO) and Digital Service Level 1 (DS 1)
UNE services. If utilized for DS1 UNEs, CLEC must transmit a Trunk Level
(T1) templated signal over the copper facility. DS1 copper Entrance Facilities will
be wired to a DS 1 office repeater to remove line voltage before terminating on
the DSX panel. Qwest will ,install and charge for this line voltage isolation
equipment.
, Fiber Entrance Facility termination and Cross Connection.
Other levels of service such as Digital Service Level 3 (DS3) or
DS1 utilizing fiber are available via the Bona Fide Request (BFR).8.4 Protection for lightning or voltage is required for copper Entrance
Facilities and will require protection units (i.e., line voltage isolation equipment) on
standard connector blocks on the distribution frame. Qwest will engineer and install this
protection. All copper cables must come through a cable vault and have
grounded/bonded sheaths.
CLEC is responsible for providing an Entrance Facility to the Qwest
designated Collocation Point of Interface (C-POl).
All Qwest terminations on the termination frame or panel will be given a
frame address. Qwest will maintain frame or panel address records for Qwest
terminations. CLEC will maintain its CFA records.
Terms and Conditions Common Area Splitter Collocation
If CLEC elects to have Splitters installed in Qwest Wire Centers via
Common Area Splitter Collocation , the Splitters will be installed in those Wire Centers in
one (1) of the following locations: (a) in a relay rack as close to CLEC's DSO termination
points as possible; (b) on an lCDF to the extent such a frame is available; or (c) where
options (a) and (b) are not available , or, in Wire Centers with network access line counts
of less than 10 000, on the COSMICTM/MDF or in some other appropriate location such
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as an existing Qwest relay rack or bay. In Wire Centers with access line counts greater
than 10 000, when all common area Splitter bays and racks are fully utilized, space
permitting, Owest will allow CLEC to place Splitters on the COSMICTM/MDF. CLEC
either may purchase Splitters or have Qwest purchase the Splitters subject to full
reimbursement of the cost of the Splitters plus any pass through actual vendor invoice
costs , including but not limited to taxes, shipping and handling. The Splitters must meet
the requirements for Central Office equipment Collocation set by the FCC. Qwest will be
responsible for installing and maintaining the Splitters , but CLEC will lease the Splitters
to Owest at no cost. Qwest may commingle the Splitter shelves of different CLECs in a
single relay rack or bay. Qwest will not be responsible for shortages of Splitters or
Qwest's inability to obtain Splitters from vendors, if acting as purchasing agent on behalf
of CLEC.
Two (2) ITPs and four (4) tie cables will be needed to connect the
Splitters to the Owest network. One (1) ITP will carry both voice and data traffic from the
COSMICTM/MDF Loop termination , to an appropriatelCDF. From this frame, one (1) tie
cable will carry both voice and data traffic to the Splitter. The voice and data traffic will
be separated at the Splitter, and the separated voice and data traffic will be routed to the
ICDF via separate tie cables (i.e., the second and third tie cables). At the ICDF, the data
traffic will be routed to CLEC's Collocation area via a fourth tie cable, and the voice
traffic will be routed to the COSMICTM/MDF Switch termination , via a second ITP. CLEC
can also elect a direct connect option pursuant to Section 8.11.
Qwest will provide the cabling used for tie cables between the Splitter and
the ICDF. The Splitter Tie Cable Connection Charge will apply.9.4 The Demarcation Point between Qwest's network and CLEC's network
will be at the place where the data Loop leaves the Splitter on its way to CLEC'
collocated equipment, or at the ICDF, where the data port is cabled to existing CLEC
Collocation tie cable.
New Splitter shelves may be ordered at the same time as a new
Collocation on a single Collocation Application form and a single order processing
charge will apply. New Splitter shelves may be ordered with an existing Collocation by
submitting a new Collocation Application and the applicable fee. Standard intervals as
contained in Exhibit C will apply.
Splitter Deployment
New applications for installation of Splitters will be processed in
the manner outlined in the Collocation Section for Cageless Collocation.
CLEC may submit applications for additional DSO tie cable
terminations and/or reclassification to support UNE or other services. Qwest will
process any such applications for augmentation and/or reclassification of DSO tie
cable terminations under intervals as outlined below in this Section.
Augmentation intervals will be thirty (30) Days, subject to the
following terms and conditions identified below:
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3; 1 The interval for reclassification will be fifteen (15)
Days, subject to the following terms and conditions. If the requested
reclassification engineering results in additional requirements for DSO tie
cable terminations or tie cable support, the interval will default to thirty
(30) Days.
In the event CLEC, or Owest acting as purchasing agent
for CLEC, is unable to procure any equipment needed to complete all
work required by applications submitted to Owest by CLEC, including but
not limited to, Splitters or cabling, Qwest will install the subject equipment
when it becomes available. If Qwest is acting as purchasing agent for
CLEC and is unable to procure equipment to complete all work in a timely
manner, CLEC may provide Qwest with the subject equipment. CLEC
will be notified by Qwest of the required material on-site date for the
affected Wire Center(s) and CLEC will have two (2) business days to
determine if it will be able to provide the subject equipment in advance of
the material on-site date. If CLEC does not notify Qwest in writing of its
intent to provide the subject equipment within this two (2) business day
period , or if the subject equipment is not provided in a timely manner
Qwest will install the subject equipment when available.
Rate Elements
Rate elements for Collocation are included in Exhibit
Rate Elements - All Collocation
Qwest will recover Collocation costs through both recurring and
nonrecurring charges. The charges are determined by the scope of work to be
performed based on the information provided by CLEC on the Collocation Application.
quote is then developed by Qwest for the work to be performed.
The following elements as specified in Exhibit A of this Agreement are
used to develop a price quotation in support of Collocation:
Quote Preparation Fee. A non-refundable charge for the work required to
verify space and develop a price quote for the total costs to CLEC for its Collocationrequest. 1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in
increments of 12 fibers) from the C-POI utilizing Qwest owned , conventional single mode
type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to the
leased space (for Caged or Cageless Physical Collocation). The Collocation Entrance
Facility includes manhole, conduit/innerduct, placement of conduit/innerduct, fiber cable
fiber placement, splice case, a splice frame, fiber distribution panel, and relay rack.
Charges apply per fiber pair. Express Fiber Entrance Facility does not include fiber
cable, spiice case, a splice frame or fiber distribution panel. Microwave Entrance Facility
charges are addressed in 8.17.
Cable Splicing Charge. Represents the labor and equipment to perform a
subsequent splice to CLEC provided fiber optic cable after the initial installation splice.
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Includes per-setup and per-fiber-spliced rate elements.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC
collocated equipment and is fused at one hundred twenty-five percent (1250/0) of the
request. The -48 volt DC Power Usage Charge applies to the quantity of -48 volt
capacity specified by CLECin its order on a per ampere (amp) basis. There is a one (1)
amp minimum charge for -48 volt DC power usage.
Optional -48 Volt DC Power Usage Charge is available for ordersof greater than sixty (60) amps. If CLEC orders Optional DC Power
Measurement, Qwest will initially apply the -48 Volt DC Power Usage Charge
from Exhibit A to the quantity of power ordered by CLEC. Qwest will determine
the actual usage at the power board as described in Section 8.30. Owest will
adjust the monthly usage rate based upon the actual usage on a going forward
basis. There is a one (1 )amp minimum charge for -48 volt DC power usage.
AC PQwer Feed. Recovers the cost of providing for the engineering and
installation of wire, conduit and support, breakers and miscellaneous electrical
equipment necessary to provide the AC power, with generator backup, to CLEC's space.
The AC Power feed is optional. The AC Power Feed is available with single or triple
phase options. The AC Power Feed is rated on a per foot and per ampere basis.
Inspector Labor Charge. Provides for Qwest qualified personnel, acting
as an inspector, when CLEC requires access to the C-POI after the initial installation. A
call-out of an inspector after business hours is subject to a minimum charge of three (3)
hours. The minimum call-out charge shall apply when no other employee is present in
the location, and an 'off-shift' Qwest employee (or contract employee) is required to go
on-shift' on behalf of CLEC.
ntentionally Left Blank.10 Interconnection Tie Pairs (ITP) are described in the UNE Section , and
apply for each Unbundled Network Element, ancillary service or Interconnection service
delivered to CLEC. The ITP provides the connection between the Unbundled Network
Element, ancillary service or Interconnection service and the Demarcation Point.
R3.11 Collocation Terminations. Terminations are purchased by CLEC for the
purpose of accessing Unbundled Network Elements. These terminations may be
requested in Shared Access and Direct Connection Configurations.
11.Shared Access
11.In a Shared Access configuration , there are multiple
frames that could be designated as an lCDF or an appropriate
Demarcation Point including, but not limited to, the following:
Existing Interconnection Distributing Frame (ICDF)
Existing DSX Panels for DS 1 and DS3 services
New Interconnection Distributing Frame
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Existing Toll Frame
Fiber Distribution Panel
Existing Intermediate Frame
11.The ICDF is the test access point. It would not be
uncommon to find multiple service providers, including Qwest, on the
ICDF at any one time. This element includes Qwest'provided
termination blocks, installation labor between CLEC collocated equipment
and the appropriate cross-connect device. Cabling is also required and
may be provided by CLEC or at its request, Qwest will provide cabling at
an additional charge. When Qwest provides the cabling, Collocation
Block Termination rates will apply as contained in Exhibit A of this
Agreement. When CLEC provides the cabling, Collocation Termination
rates, on a per termination basis, will apply as contained in Exhibit A of
this Agreement. When CLEC provides and installs the tie cables, blocks
and terminations on the lCDF , no Collocation Termination rates will apply.
11.Direct Connection
11.Direct Connection provides an uninterrupted path
from the Collocation space to an existing frame. This option will
guarantee that there will not be an ICDF. The connection will be
designed from the Collocation space to the same frame that Qwest uses
to connect to that specific service. For example, if CLEC wants to
connect directly from its Collocation space to a 911 router, the
infrastructure for the 911 trunks will terminate in a DS 1 bay location with
the 911-router circuits. There are several options for the location of the
Demarcation Point. CLEC will select its desired option via the Direct
Connection Collocation Application. If CLEC chooses a demarcation
inside the Collocation space, CLEC should order and install the
termination equipment itself. Demarcation equipment must be noted on
the order form so that a GLLI code and unique tie cable assignments can
be generated for systems flow through. If CLEC chooses a demarcation
outside its Collocation space Qwest will maintain and inventory this
device. Direct terminations may be ordered where frame space is
available. If frame space is exhausted the terminations may need to be
made at another frame. Upon completion of the pre-provisioning of the
Direct Connection, CLEC will receive an Alternate Point of Termination
(APOT) form so that it may order Finished Services and UNEs. CLEC will
be resp~nsible for augmenting terminations as required. The Djrect
Connection APOT information must be provided on the ASR or LSR to
insure that the services are designed to the dedicated path.
11.2 CLEC's termination point will require a CLLI code
(e., Frame Number) and the dedicated tie pairs will require a unique
name to enable automatic assignment through TI RKSTM and SWITCHTM
via Carrier Facilities Address (CFA) methods.
11.If CLEC wishes to arrange terminations on a 2-wire
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POTS level cross-connect device of the modular type, Le. COSMlCTM
Hardware, standard-engineering principles will apply. Provisioning
intervals and costs will be customized' and determined on an Individual
Case Basis (ICB). A five (5) year forecast including terminations per
quantities will be required.MELDTM runs will be required for the initial
COSMICTM plan and each subsequent block addition. To minimize
CLEC's cost , to the extent feasible Qwest shall consolidate CLEC'
requirements with the requirements of Qwest and other CLECs into a
single MELDTM run whenever feasible. Costs of such consolidated
MELDTM runs shall be prorated among the parties, including Owest.
Minimum installation ' requires at least one (1) block for every two (2)
outside plant modules. A one-half (%) shelf of block capacity must be
reserved for future block space.
11.2.4 Requests for terminations at a DSO , DS1 , DS3 and
optical level (non-POTS) may also be made directly to the respective
frame or panel (Le., toll frame, DSX, FDP , etc.). Direct Connections to
these frames do not require MELDTM runs and short jumper engineering
principals, as with the COSMlCTM frame. However these connections will
require coordination between Qwest and CLEC to ensure that the cable is
terminated in an existing frame with the service that CLEC is wishing to
connect with. Direct Connection is ordered via the supplemental
Collocation order form, Direct Connection (DC-POT). Timing, pricing and
feasibility will be determined on the basis of a specific, in-depth building
analysis. Direct Connections are available where available frame space
permits. If frame space is exhausted, terminations may need to be made
at another frame. Space availability will be determined during the
feasibility request phase of the order. Rates for Direct Connection
Terminations will be on an ICB basis using rates defined in Exhibit
11.Terminations must be purchased in the following increments:
DSO in blocks of 100; DS1 in increments of one (1); and DS3 in increments of
one (1) coaxial cable or fiber pair.12 Security Charge. This charge applies to the keys/card and card readers
required for CLEC access to the Qwest Premises for the purpose of Collocation. There
are two monthly recurring rate elements associated with Security Access. The first rate
element is per access card, per CLEC employee, per month. The second rate element
is the number of card accessible premises, per CLEC employee, per month, as included
in Exhibit A to this Agreement.13 Composite Clock/Central Office Synchronization. Recovers the cost of
providing composite clock and/or DS1 synchronization signals traceable to a stratum
one source. CLEC must determine the synchronization requirements for CLEC'
equipment and notify Qwest of these requirements when ordering the clock signals.
Central Office Synchronization is required for Virtual Collocation involving digital services
or connections. Synchronization may be required for analog services. Central Office
Synchronization is available where Qwest Central Offices are equipped with Building
Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance
with Exhibit A.
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14 -48 Volt DC Power Cable Charge. Provides for the transmission of -
volt DC power to the collocated equipment and is fused at one hundred twenty-five
percent (1250/0) of request. It includes engineering, furnishing and installing the main
distribution bay power breaker, associated power cable, cable rack and local power bay
to the closest power distribution bay. It also includes the power cable (feeders) A and B
from the local power distribution bay to the leased physical space (for Caged or
Cage less Physical Collocation) or to the collocated equipment (for Virtual Collocation). It
is charged per foot, per A and B feeder.15 Space Availability Report Charge - Recovers the cost of preparing a
Space Availability Report in accordance with Section 8.
16 CLEC-to-CLEC Connection Charge. Recovers the cost of order
processing, design and engineering. Additional charges will be assessed for Virtual
Collocation connections and cable holes, if applicable. There will be recurring charges
for cable racking.17 Microwave Entrance Facility - The charges for Microwave Entrance
Facility include the recurring and nonrecurring charges associated with preliminary
rooftop engineering and survey analysis, Premises structural analysis and line of sight
feasibility, if performed by Qwest; space rental for the rooftop and existing antenna
support structure, cable racking, cable, building penetration for cable entry, and other
work as required.18 Joint Testing Charges: The charges for Joint Testing are nonrecurring. It
is a minimum of one (1) hour per Joint Testing request at the Virtual Collocation
maintenance rate, specified in Exhibit A, and a per half-hour charge at the same rate for
any time exceeding the one (1) hour. Qwest will not charge for the Joint Testing based
on the Joint Testing Qwest-caused error rate as described in Section 8.31.19 DC Power Reduction and Restoration Rates: CLEC will be charged the
applicable nonrecurring Quote Preparation Fee (QPF) or Engineering and Design Fee to
perform the engineering and planning work to process the DC Power Reduction or DC
Power Restoration request per Gollocation space. Nonrecurring charges associated
with the work required to reduce the fuse or breaker size , rewiring the power lead at the
power source or relocation of the power feed will be on an ICB basis. When power is
restored , nonrecurring charges will be assessed on an ICB basis for the work required to
restore the power utilizing standard power rate elements for power usage, labor and
cabling charges. A recurring Power Maintenance Charge is associated with the option
to hold the power infrastructure for a secondary feed for potential future use by CLEC.
The recurring charge will terminate on the date a restoration job completes for the power
feed or CLEG returns the fuse position to Qwest.20 Collocation Available Inventory Charges. For standard Qwest Postings of
Collocation Available Inventory, CLEC will be charged the standard Collocation rates
including the applicable QPF or Engineering and Planning Fee. CLEC will also
charged for removal of terminations. For Special Sites, assuming CLEC will be charged
a Special Site Assessment Fee instead of the standard QPF, unless CLEC requests an
augment to the existing site in its initial Collocation Application , then the standard
approved QPF will be charged as defined in Exhibit A. CLEC ordering a Special Site, in
addition to the standard Collocation rates, will also be charged a nonrecurring Network
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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
equipment 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.
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 CLEC-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
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Qwest Premises areas surrounding CLEC-provided equipment bay and general repair
and maintenance. The Floor Space Lease includes required aisle space on each side of
CLEC-provided equipment bay.
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 Cageless Collocation or number required by building code) and
the cost associated with space engineering. If a new line-up is established for Cageless
Collocation, an AC power outlet will be provided at every other bay in the line-up.
Cage less 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 ala~ms
mechanical systems, standard HV AC); a 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.
ntentionally 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 lCDF Collocation are the nonrecurring and recurring
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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 DS 1 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
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support structures and grounding charge for Splitters either in a bay, on the ICDF, or on
the MDF/COSMlCTM 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
lCDF, or on the MDF/COSMlCTM
Splitter Tie Cable Connections Charge - A nonrecurring charge will applyfor 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's 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 Owest's ability to provision
the requested Collocation within the applicable intervals if the changas 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 Owest and shall be implemented
with the original Collocation order within the original applicable intervals.
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8.4.There are three (3) primary steps in the ordering of Collocation - 1)
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 of
Collocation is not available, CLEC may specify a different type of Collocation without
affecting the Collocation intervals. The forecast shall include, for each Qwest Premisesthe following:
Identification of the Qwest Premises;b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
Power requirements;
Heat Dissipation (optional);e) Type of Collocation (e., Caged Physical, Cageless 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 Cageless
Collocation arrangement;
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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.
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 a Collocation Quote Form from Qwest
CLEC shall formally accept the quote in order for Qwest to continue the processing of
the Collocation Application. A Collocation Acceptance shall be considered complete , if itcontains:
Signed Notification of Acceptance; and
Payment of fifty percent (50%) of quoted charges.
8.4.Collocation Space Reservation - allows CLEC 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.
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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 afterreceipt 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 (25010) 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.
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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 , Cageless, and
Virtual Collocation. To promote fairness and prevent warehousing, the following
limits apply:a) The Party requesting the option may specify the amount of
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 Cage less 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 of
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 of, and price
quote (the "Option Fee ) for the Optioned space. If space is not available , Qwest
will deny the request.
~.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, Owest 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.
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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 of
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 a 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
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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 Optionare 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 of
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 HV AC 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. Owest 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
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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 of the quotation; 3)
whether CLEC delivers its collocated equipment to Owest in a timely manner, which
shaH 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 shall any such
interval exceed thirty (30) calendar Days. When Qwest is permitted to complete a
ColIocation 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 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 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, Owest 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
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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 Owest
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 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
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 of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case Qwest must
request a waiver from the Commission to obtain an extended interval.
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 , Owest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.2.4.1 and 8.2.4.
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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 Cageless 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 HV AC can be found for the placement and operation of
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 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 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
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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. If CLEC submits its Acceptance more than
thirty (30) calendar Days after receipt of the Owest 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 Owest shall complete its installation of the Collocation
arrangement within one hundred and twenty (1 ?O) calendar Days of the receipt of
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, stand~y 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 abqve 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 of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case Qwest must
request a waiver from the Commission to obtain an extended interval.
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.
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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 of
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, DS 1
and DS3 capacities that will be terminated on the Interconnection Distribution Frame by
Owest 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 , Owest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Owest 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 lCDF 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 Collocation 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
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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 of
the Collocation arrangement within forty-five (45) calendar Days of the receipt of
the complete Collocation Acceptance. If CLEC submits its Acceptance morethan thirty (30) days after receipt of the Qwest quotation , the Collocation
Application shall be resubmitted by CLEC.
8.4.4.4.Unforecasted Applications with Timely Acceptance - If aPremises 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 Owest 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 prdvided 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 Owest Owest 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.
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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
Owest 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 n.
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.
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 of
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 a 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
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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 a
completeCo.llocation Application.
8.4.If Owest 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, Owest 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 a
complete Acceptance from CLEC, as described in Section 8.4., Owest 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.
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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 pendingCLEC'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 its Entrance Facility to
Qwest'sC-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 Collocation 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.
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Collocation
Billing
Billing - All Collocation
Upon completion of the Collocation construction activities and payment of
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 constr~ction activities
and CLEC has not completed its associated activities (e., delivering fiber to the C-POl
or providing the equipment cables for connecting to the Interconnection Distribution
Frame), Qwest will 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. In 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 ,
negotiated and performed to ensure continuity and acceptable transmission parametersin the facility and equipment.
Billing - Caged and Cage less 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
(i.e., 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.
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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 8:00am (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 Owest. 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 FC
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
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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.
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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 Jules, state laws, the Bona
Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that
Qwest furnish additional or revisedUNEs 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 ~tate 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 CFAs to Qwest, and Owest 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.
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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 SPOI obtained 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 9.3 of this
Agreement;
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 CLEC's premises
to a Owest Wire Center;
, .
OCn UDIT;
UDIT and UDF as a part of a Meet-Point arrangement;
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Unbundled Network Elements
Remote node/remote port;
SONET 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 Local 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-ISDN BRl , 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 of
an Unbundled Network Element Qwest provides, as well as the access provided to that
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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. I n 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 timeOwest 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 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. Rates for such
modifications are included in Exhibit A.
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.
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' 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
Section 9., CLEC will receive a jeopardy notice. Qwest will initiate
an engineering 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.1.4 Qwest will provide CLEC notification of major Loop facility builds
through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds $1 00 000 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 Owest 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 lTP is ordered in conjunction with a UNE. The charges for the lTP 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 a particular
element or combinations of elements that Owest 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
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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'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) Owest 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
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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 Owest'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 Owest 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.
ntentionally 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 of
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
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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) I 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 of
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.1 '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
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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 transmission 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
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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 ntegrated Network Access
(I NA), 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 of
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 of
such available copper facilities. Qwest shall be entitled to mediate
access in a manner reasonably related to the need to protect Confidentialor Proprietary Information. CLEC shali 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 (BRl) 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 of
transmission technologies including, but not limited to, 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.
Intentionally 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.
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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 Owest 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., 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 applicable to such Loop as this Agreement requires Qwest to deliver
it to CLEG. 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 CLEG 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-l 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., removal of load coils or Bridged
Taps).
Intentionally Left Blank.
2.2.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 Oualification Tools. Qwest offers five (5) Loop qualification tools:
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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 manner and will provide CLEC the
same Loop qualification information available to Qwest. CLEC may request an audit of
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 thelMA 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 Oualification Tool. The MegaBit Qualification Tool is
available to CLEC through IMA-GUI or lMA-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 lMA-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 CLEG 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
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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 following Loop makeup information:
composition of the Loop material; location and type of pair gain devices, the
existence of any terminals , such as Remote Terminals or digital loop terminals
Bridged Tap, and load coils; Loop length, and wire gauge. In the case of Loops
served by digital loop carrier, the email will provide the 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 the
Loop 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 "lift 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. Ouick
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
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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.
9:2.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
address.
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 Owest 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 Owest Implementor/Tester contacts CLEC to ensure
CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of
the scheduled Appointment Time, then CLEC must reschedule the installation by
submitting a supplemental LSR for a new Due Date and Appointment Time.
Qwest is not ready within thirty (30) minutes of the scheduled Appointment Time
Qwest will waive the nonrecurring charge for the installation option , and the
Parties will attempt to set a new appointment for the same day. If Qwest fails to
perform cooperative testing due to 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 of
Qwest performance testing, the Qwest Implementor/Tester will contact
CLEC, read the Qwest test results , and begin CLEC cooperative testing.
Within two (2) business days , Qwest will email the Qwest test results to a
single, designated CLEC office email address. CLEC will be charged for
any Provisioning test CLEC requests that is not defined in the Qwest
Technical Publication 77384.
For new End User Customer service, Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
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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 to
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 ensure
that the new circuit meets required parameter limits. CLEC will not
receive test results. When installation is complete Qwest will notify
CLEC.
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 Owest
Implementor/Tester will contact CLEC, read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Owest will
email the Qwest test results to a single , designated CLEC office email
address. CLEC and Owest will perform a loop back acceptance test
accept the Loop and exchange demarcation information.
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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 Qwestfails 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: A 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.
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The date and time for the Project Coordinated
Installation requires up-front planning and may need to be negotiated
between Qwest and CLEC. All req~ests 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 of
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 of
employees prior to the cut, normally not to exceed four (4) employees
based upon information provided by CLEC. If the Project Coordinated
Installation includes LNP CLEC will also have appropriate personnel
scheduled for the negotiated FDT. If CLEC'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.
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Qwest is in error, no supplemental order or additional order will be
required of CLEC.
2.2.If CLEC orders Project Coordinated Installation with
LNP, Owest 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 a line split
loop as defined in Section 9.21 using a UNE-P line to a loop splitting
arrangement.
The BHC must be for a minimum of twenty-five (25)
Unbundled Loops per CLEC per Central Office (CO) and a maximum of
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
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 s priorities and
expectations.
8.4.If CLEC and Qwest are unable to reach a
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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.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
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 of
twenty-five (25) Unbundled Loop migrations required for a
BHC per Central Office CLEC may reschedule its BHC
request to a Due Date when the minimum volume can be
met (subject to the migration plans of other CLECs). If
CLEC is unable to meet the minimum volume requirement
CLEC may select an alternate Due Date utilizing any of the
other 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/pcat/interconnection.html
The provisioning interval for the BHC is seven (7)business days and can be found in the SIG:
www://www.qwest.com/whoiesale/guides/sig/index.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.
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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 a 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.
CLEC must use the Batch Status Tool and
Appointment Scheduler to utilize the BHC process.
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 lDLC 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 nteroperability
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 Qwest.
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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 of
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
responsible for notifying the Current Service Provider of the conversion. Qwest
will disconnect the Loop Owest 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 of
facilities hereunder is on a first come, first served basis. Any facility orders placed by
any other provider, including Owest, 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 of
this Agreement. Recurring charges vary based on CLEC selected installation options
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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-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-l 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.
ntentionally Left Blank.
Intentionally Left Blank.
7.4 ntentionally Left Blank. '
For coordinated installations scheduled to commence Out of
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.
2.4.1 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
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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 Owest 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 Owest 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 a 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 corr~spond to the date the
new version is received by Qwest.
2.4.ntentionally Left Blank.
2.4.2.4 ntentionally 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.
2.4.4.When CLEC places an order for an Unbundled Loop with Qwest
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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. awes! will implement adequate processes and
procedures to assure the accuracy of the commitment date. If Qwest must make
changes to the commitment date, Owest 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.Intentionally 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.
2.4.2 ,When load coils and/or Bridged Taps do exist CLEC will
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so , CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) day interval and Qwest determines that conditioning is
required , then the fifteen (15) business day interval starts when the need for
conditioning is identified and CLECapproves 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.
2.4.10.To request Out of Hours Coordinated Installations CLEC will
submit an LSR designating the desired appointment time. CLEC must specify an
Out of Hours Coordinated Installation in the Remarks section of the LSR.
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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 havethe 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. Owest 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 12.3 of this Agreement. Maintenance of Service charges are setforth in Exhibit A. 5.4 Qwest will 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 NlD 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
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in compliance with FCC requirements and guidelines recommended by the Network
Reliability and lnteroperability 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 anychange in Advanced Services technology that results in a change in spectrum
management class on the xDSL Loop. Owest 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 Information and Qwest may not distribute, disclose
or reveal , in any form , this material other than as allowed and described in
subsections of 9.
The Parties may disclose, on a need to know basis only, CLEC
Confidential Information provided pursuant to Section 9., to legal personnelif 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, Owest will provide CLEC with binder group
information including cable , pair, Carrier and PSD class to allow CLEC to notify the
causing Carrie~.
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
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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. Owest 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'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 to, the ,pole, pedestal
Network Interface Device minimum point of entry, single point of Interconnection
Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface (SAl).
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 a privately
owned building in a Multiple Tenant Environment (MTE) are one form of
accessible terminal. Throughout Section 9.3 the Parties obligations around such
MTE Terminals" are segregated because Subloop terms and conditions differ
between MTE environments and non-MTE environments.
For any configuration not specifically addressed in this
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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 Owest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Qwest facilities where theyare 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 development 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 Access1 .Accessing Subloops in Detached Terminals: Subloop
unbundling is available after a CLEC-requested Field Connection Point (FCP)
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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.
- 9.1.4.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.
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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.e.
, "
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.
lntrabuilding 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 a 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.
Intentionally Left Blank.
ntentionally Left Blank.
3 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
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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 of
. 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 be
determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity, reliability, and
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. In 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 of, an extended interval , in which case Qwest must
request a waiver from the Commission to obtain the extended interval. If CLEC submits
a Subloop order before Qwest inputs the inventory into its systems, Qwest shall process
the order in accordance with Section 9.5.4.
' 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 Nati'onal 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 Qwest will either rearrange facilities to make room for CLEC or
construct a single point of access that is fully accessible to and suitable for CLEC.
Owest'obligation to construct a SPOI is limited to those MTEs where Qwest has
distribution facilities to that MTE and owns, controls, or leases the inside wire at the
MTE. In addition , Qwest shall have an obligation only when CLEC indicates that it
intends to place an order for access to an unbundled Subloop Network Element via a
SPOI. In such instances, CLEC shall pay Owest a nonrecurring charge, which shall be
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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 an
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 of, an extended interval
in which case Owest 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
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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 Owest rights of way, pursuant to Section 10.8 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, Owest 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 Owest.
3.4.If the Parties are unable to reach an agreement on the design of
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.
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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.
5~2 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.
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.
Intentionally 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, Owest 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 Owest 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
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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 of
when Qwest demonstrates compliance with Sections 9.2 and 9.
5.4.If the MTE owner owns the facilities on the Customer side of the
terminal , CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
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 Owest. 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 Owest'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.
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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
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. If, after the inspection of
the Premises, Qwest and CLEC disagree about whether space
limitations at the Premises make Collocation impractical, Owest
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
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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, Owest 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 Owest believes is necessary to complete thework. CLEC may dispute the need for and the duration of, an
extended interval , in which case Owest must request a waiver
from the Commission to obtain an extended interval.
Rate Elements
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 Owest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
6.4 Additional Rates for MTE Terminal Subloop Access
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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 NlD 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 (i.e., 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 NI D 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 Unbundlec;j Loops on a reuse basis , the
existing drop and Qwest's NlD, 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 NlD - 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
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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 NlD.
3 Multi-Tenant (MTE) NID - The MTE NlD 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 NlD 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 NI D , the Qwest facility currently in place, including the
NlD, 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 of
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
NlD 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.
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Upon CLEG 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 NlD and its contents
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 b~ 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 Owest NID, it shall employ generally accepted
best engineering practices and comply with industry standards should such standards
exist when it physically connects its NlD (or equivalent) to the Qwest NID and makes
Cross Connections necessary to provide service. At MTE NI Ds, CLEC shall clearly label
the cross connect wires it uses to provide service. Qwest shall label its terminals when atechnician 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 NlDs 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 Owest
NID are contained in Exhibit A of this Agreement and apply pursuant to Section 9.
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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 NlD 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 of
the change out that is specific to CLEC's request for additional capacity.
Ordering Process
5.4.Intentionally Left Blank.
5.4.CLEC may access a MTE NID after determining that the terminal
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 of
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
NlD 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.
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Unbundled, Dedicated Interoffice Transport (UDIT)
Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDlT) in a
non-discrtminatory manner according to the following terms and conditions.
Description
Unbundled Dedicated Interoffice Transport (UDlT) 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.
Intentionally 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
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.
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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
UDlT. Qwest's design will ensure the cable between the Qwest-provided active elements
and the DSX will meet the proper signallevel.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
Intentionally Left Blank.
Intentionally Left Blank.
DSO UDIT rates are contained in Exhibit A pf 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 Intentionally 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.
Intentionally 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 UDlT.
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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 2.0 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 of
this Agreement.
6.4.UDIT is ordered with basic installation. Owest will install the UDlT
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.
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6.4.Qwest will perform industry standard tests, set forth in Technical
Publication 77389 , when installing UDIT service.
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 of
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).
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Additional Unbundled Elements
CLEC may request non-discriminatory access to and where appropriate development of
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, Owest 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 Owest 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
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by the Customer of Record (the voice service provider) or another data service provider chosen
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 a Splitter. Owest 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/DLEG 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
compaUble 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 of
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.ntentionally Left Blank.
21.Splitter Collocation requirements are covered in the Shared
Loop Section of this Agreement.
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21.3 Rate Elements
The following Line Splitting rate elements are contained in Exhibit A of this Agreement.
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) lTPs, one (1) for voice and
one (1) for voice/data.
21.OSS Charge - A monthly recurring charge to recover the cost of
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
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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
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 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/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 GLEC/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 nterface 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. Owest, CLEC and DLEC each will be
responsible for maintaining its equipment. The entity that controls the Splitters will , be
responsible for their maintenance.
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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
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 of
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 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.
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 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 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 of
Record unless such access and security devices were wrongfully obtained by such
Person through the willful or negligent behavior of Qwest.
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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
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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 accessto 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
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 by
Existing 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 the Act and other Applicable Laws. Failure
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 CLECin 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.ntentionally 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.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;
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23.' Would not impai"r the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest's network; and
23.Would not impair Qwest's use of its. network.
23.When ordered in combination; Owest 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 Owest'snetwork; and
23.1..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 qualityof a UNE Combination Qwest provides, as well as the access provided to that UNE
Combination , will be equal between all Carriers requesting access to that UNE
Combination; and where Technically Feasible, the access and UNE Combination
provided by Qwest will be provided in "substantially the same time and manner" to that
which Qwest provides to itself. I n 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.
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23.Enhanced Extended Loop (EEL) -- EEL is a Qwest-provided combination
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.Intentionally Left Blank.
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23.
23.
23.
23.2.4
23.
23.
23.
23.
23.
23.
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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 standardintervals 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 End
User Customers.
23.12.Terms and Conditions
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23.12.4 EEL combinations consist of DSO Loops
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/sig/index.htmi.
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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.
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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.
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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.
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23.10 CLEC may request access to and, where appropriate, development of
additional UNE Combinations. For UNEs Owest currently combines in its network
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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 of
UNEs, identifying each individual UNE by name as described in this Agreement.
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23.12 If CLEC is obtaining services from Qwest under an arrangement or
agreement that includes the application of termination liability assessment (TLA) or
minimum period charges, and if CLEC wishes to convert such services to UNEs or a
UNE Combination , the conversion of such services will not be delayed due to the
applicability of TLA or minimum period charges. The applicability of such charges is
governed by the terms of the original agreement, Tariff or arrangement. Nothing herein
shall be construed as expanding the righ~s 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 assessed
UNE rates for UNEs ordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination, 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.
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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 all
necessary notice to its End User Customers of the termination. In no case shall Qwest
be responsible for providing such notice to CLEC's End User Customers. Qwest shall
only be required to notify CLEC of 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 End
User Customers' service needs, including without limitation , sales, service design, order
taking, Provisioning, change orders , training, maintenance, trouble reports, repair, post-
sale servicing, Billing, collection and inquiry. CLEC shall inform its End User Customers
that they are End User Customers of CLEC. CLEC's End User Customers contacting
Qwest will be instructed to contact CLEC , and Qwest's End User Customers contacting
CLEC will be instructed to contact Qwest. I n responding to calls , neither Party shall
make disparaging remarks about each other. , To the extent the correct provider can be
determined , misdirected calls received by either Party will be referred to the proper
provider of Local Exchange Service; however, nothing in this Agreement shall be
deemed 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 Elements
that comprise UNE Combinations are contained in Exhibit A for both recurring and
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nonrecurring application.
23.4.Recurring monthly charges for each Unbundled Network
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 Owest, the Parties will abide by the adjusted rates on a
going-forward basis, oras 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 Intentionally 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 InterLA T A
IntraLATA 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 charges
associated 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 of
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
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orders via an LSR or ASR, as appropriate.
23.Additional information regarding the ordering processes are
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.Owest 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.
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23.7 Maintenance and Repair
23.Qwest will maintain facilities and equipment ,that comprise the service
provided to CLEC as a UNE Combination. CLEC or its End User Customers may not
rearrange, move , disconnect or attempt to repair Qwest facilities or equipment, other
than by connection or disconnection to any interface between Qwest and the End User
Customer, without the written consent of Qwest.
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 "DLEG" 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.
as a result of those discussions, a process is developed for Loop Splitting over a new
Loop, Qwe$t will amend its Agreement to eliminate the limitation of Loop Splitting to
existing Unbundled Loops.
24.2 Terms and Conditions
24.General
24.Owest 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.
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 servic~ 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
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Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2 of this Agreement.
24.1.4.If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it is
unacceptable to CLEC , Customer of Record shall pay to convert back toan 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, Owest 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 CO$ts associated with the use of ITPs.
24.OSS Charge - A monthly recurring charge to recover the cost of
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 proceedingconducted by the Commission. In the event interim rates are established by the
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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.
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 Owest 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
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Section 9
Unbundled Network Elements
service troubles provided over Loop Splitting. Qwest will be responsible to repair
troubles on the physical line between Network Interface Devices at the End User
Customer premises and the point of demarcation in Qwest Wire Centers. Qwest, CLEC
and DLEC each will be responsible for maintaining its equipment. The entity that
controls the Splitters will be responsible for their maintenance.
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 of
sections 9.24., 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.
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