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Home My WebLink About20050603Appendix C.pdfBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION In the Matter of Level 3 Communications LLC's Petition for Arbitration Pursuant to Section 252(b) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, and the Applicable State Laws for Rates, Terms, and Conditions of Interconnection with Qwest Corporation ***** Case No. -( -06 PETITION FOR ARBITRATION APPEND IX C PROPOSED INTERCONNECTION AGREEMENT Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21.0: Section 22. General Terms and Conditions Interpretation and Construction CLEC Information Definitions Terms and Conditions Resale Interconnection Collocation Unbundled Network Elements Ancillary Services Network Security Access to Operational Support Systems (OSS) Access to Telephone Numbers Local Dialing Parity Qwest D EX Referral Announcement Bona Fide Request Process Audit Process Construction Charges Service Performance Network Standards Signature Page Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. INTERCONNECTION AGREEMENT TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES, AND RESALE OF TELECOMMUNICATION SERVICES BETWEEN QWEST CORPORATION AND LEVEL 3 COMMUNICATIONS, LLC FOR THE STATE OF IDAHO TABLE OF CONTENTS SECTION 1.0 - GENERAL .TERMS................................................................................ 1 SECTION 2.0 - INTERPRETATION AND CONSTRUCTION .......................................... SECTION 3.0 - CLEC INFORMATION............................................................................ SECTION 4.0 - DEFINITIONS......................................................................................... SECTION 5.0 - TERMS AND CONDITIONS ................................................................. 33 GENERAL PROVISIONS...................................................................................... TERM OF AGREEMENT ...................................................................................... PROOF OF AUTHORIZATION............................................................................... 4 PAYMENT......................................................................................................... TAXES ............................................................................................................ 37 INSURANCE ...................................................................................................... FORCE MAJEURE ............................................................................................. LIMITATION OF LIABILITY ................................................................................... INDEMNITY .......................................................................................................10 INTELLECTUAL PROPERTY.................................................................................11 WARRANTIES ................................................................................................... 12 ASSIGNMENT....................................................................................................13 DEFAULT .........................................................................................................15 SEVERABILITY ..................................................................................................16 NONDISCLOSURE .............................................................................................17 SURVIVAL ........................................................................................................18 DISPUTE RESOLUTION ......................................................................................19 CONTROLLING LAW ..........................................................................................20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION .................................... 50 21 NOTICES..........................................................................................................22 RESPONSIBILITY OF EACH PARTY...................................................................... 51 23 No THIRD PARTY BENEFICIARIES ......................................................................24 RESERVED FOR FUTURE USE............................................................................ 25 PUBLICITY........................................................................................................26 EXECUTED IN COUNTERPARTS.......................................................................... 5227 COMPLIANCE................................................................................................... 5228 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT ACT OF 1994 ............................................................................29 COOPERATION .................................................................................................30 AMENDMENTS ..................................................................................................31 ENTIRE AGREEMENT......................................................................................... SECTION 6.0 - RESALE .............................................................................................. DESCRIPTION ................................................................................................... TERMS AND CONDITIONS .................................................................................. 5 BILLING............................................................................................................ MAINTENANCE AND REPAIR............................................................................... COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS................ 62 SECTION 7.0 - INTERCONNECTION........................................................................... 63 Page i Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold...!!lli.lerline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. TABLE OF CONTENTS INTERCONNECTION FACILITY OPTIONS............................................................... 63 EXCHANGE OF TRAFFIC .................................................................................... RECIPROCAL COMPENSATION ........................................................................... 82 ORDERING ....................................................................................................... JOINTLY PROVIDED SWITCHED ACCESS SERVICES ............................................. 92 TRANSIT RECORDS........................................................................................... 92 LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING................................... 93 SECTION 8.0 - COLLOCATION.................................................................................... DESCRIPTION ................................................................................................... 95 TERMS AND CONDITIONS.................................................................................. 97 RATE ELEMENTS ............................................................................................116 ORDERING ..................................................................................................... 123 5 BILLING..........................................................................................................139 MAINTENANCE AND REPAIR.............................................................................140 SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS .............................................. 142 GENERAL TERMS............................................................................................ 142 UNBUNDLED Loops........................................................................................152 SUBLOOP UNBUNDLING ..................................................................................1719.4 INTENTIONALLY LEFT BLANK ...........................................................................182 NETWORK INTERFACE DEVICE (NID) ...............................................................182 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) .............................. 186 UNBUNDLED DARK FIBER................................................................................191 INTENTIONALLY LEFT BLANK ...........................................................................199 INTENTIONALLY LEFT BLANK ...........................................................................19910 INTENTIONALLY LEFT BLANK ...........................................................................19911 INTENTIONALLY LEFT BLANK ...........................................................................199 12 INTENTIONALLY LEFT BLANK........................................................................... 19913 INTENTIONALLY LEFT BLANK ...........................................................................19914 INTENTIONALLY LEFT BLANK ........................................................................... 19915 INTENTIONALLY LEFT BLANK ...........................................................................19916 INTENTIONALLY LEFT BLANK........................................................................... 19917 INTENTIONALLY LEFT BLANK ...........................................................................199 18 ADDITIONAL UNBUNDLED ELEMENTS............................................................... 19919 CONSTRUCTION CHARGES..............................................................................19920 INTENTIONALLY LEFT BLANK ...........................................................................20121 INTENTIONALLY LEFT BLANK ...........................................................................20122 INTENTIONALLY LEFT BLANK ...........................................................................20123 UNBUNDLED NETWORK ELEMENT COMBINATIONS............................................ 20124 Loop SPLITTING.............................................................................................211 SECTION 10.0 - ANCILLARY SERVICES ..................................................................216 10.LOCAL NUMBER PORTABILITY..........................................................................216 10.911/E911 SERVICE........................................................................................ 223 10.4 WHITE PAGES DIRECTORY LISTINGS ...............................................................231 10.DIRECTORY ASSISTANCE ................................................................................235 10.DIRECTORY ASSISTANCE LIST......................................................................... 239 10.TOLL AND ASSISTANCE OPERATOR SERVICES.................................................. 242 10.ACCESS TO POLES , DUCTS, CONDUITS, AND RIGHTS OF WAY........................... 246 Page ii Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. TABLE OF CONTENTS SECTION 11.0 - NETWORK SECURITY.................................................................... 259 SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............265 12.DESCRIPTION .................................................................................................265 12.2 OSS SUPPORT FOR PRE-ORDERING , ORDERING AND PROVISIONING................ 265 12.MAINTENANCE AND REPAIR.............................................................................277 SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS............................................ 288 SECTION 14.LOCAL DIALING PARITY............................................................ 289 SECTION 15.0 - QWEST DEX....................................................................................290 SECTION 16.0 - REFERRAL ANNOUNCEMENT .......................................................291 SECTION 17.0 - BONA FIDE REQUEST PROCESS.................................................. 292 SECTION 18.0 - AUDIT PROCESS ............................................................................ 295 SECTION 19.0 - CONSTRUCTION CHARGES..........................................................298 SECTION 20.0 - SERVICE PERFORMANCE .............................................................299 SECTION 21.0 - NETWORK STANDARDS ................................................................300 SECTION 22.0 - SIGNATURE PAGE.......................................................................... 304 Page iii Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted !:ill! 3 Terms in Bol!!...!I.n.!!u!jne (oDDose4 bv Owest1....Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 1 General Terms Section 1.0 - GENERAL TERMS This Agreement for Interconnection, Unbundled Network Elements, ancillary services, and resale of Telecommunications Services is between Level 3 Communications, LLC Competitive Local Exchange Carrier , or "CLEC") a Delaware limited liability company with offices at 1 025 Eldorado Boulevard, Broomfield, Colorado 80021 and Qwest Corporation (Qwest), a Colorado Corporation with offices at 1801 California Street, Denver, Colorado 80202 pursuant to Section 252(f) of the Telecommunications Act of 1996 , for purposes of fulfilling Qwest's obligations under Sections 222 , 251 (a), (b), and (c), 252, 271 , and other relevant provisions of the Act and the rules and regulations promulgated thereunder. Intentionally Left Blank. This Agreement sets forth the terms , conditions and pricing under which Qwest will offer and provide to CLEC Interconnection , access to Unbundled Network Elements, ancillary services, and Telecommunications Services available for resale within the geographical areas in which Qwest is providing Exchange Service at that time, and for which Qwest is the incumbent Local Exchange Carrier within the state of (Insert State), for purposes of providing local Telecommunications Services. 1.4 Intentionally Left Blank Intentionally Left Blank ntentionally Left Blank. Once this Agreement is approved , any amendment to the Agreement by the Parties will be accomplished through Section 252 of the Act. This Agreement can only be amended in writing, executed by the duly authorized representatives of the Parties. Notwithstanding the above , if the Commission orders, or Qwest chooses to offer and CLEC desires to purchase new Interconnection services , access additional Unbundled Network Elements, additional ancillary services Telecommunications Services available for resale which are not contained in this SGAT or a Tariff, Qwest will notify CLEC of the availability of these new services through the product notification process through the Change Management Process (CMP). CLEC must first complete the relevant section(s) of the New Product Questionnaire to establish ordering and Billing processes. In addition , the Parties shall amend this Agreement under one (1) of the following two (2) options: If CLEC is prepared to accept Qwest's terms and conditions for such new product , CLEC shall execute a form Advice Adoption Letter (the form of which is attached hereto as Exhibit L), to be furnished by Qwest, and include as an attachment, the discreet terms and conditions available on Qwest' wholesale website, that Qwest has identified as pertaining to the new product. CLEC shall submit the Advice Adoption Letter to the Commission for its approval. CLEC shall also provide the Advice Adoption Letter to Qwest pursuant to the notice provisions in this Agreement and may begin ordering the new product immediately upon submission of the Advice Adoption Letter to the Commission and Qwest pursuant to the terms of this Agreement as amended by such Advice Adoption Letter. Page 1 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 General Terms If CLEC wishes to negotiate an amendment with different terms and conditions than defined by Qwest for such new product, CLEC agrees to abide by those terms and conditions on an interim basis by executing the Interim Advice Adoption Letter (the form of which is attached hereto as Exhibit M) based upon the terms and conditions available on Qwest's wholesale website that Qwest has identified as pertaining to the new product. The Interim Advice Adoption Letter will terminate when the final amendment is approved. The rates and to the extent practicable, other terms and conditions contained in the final amendment will relate back to the date the Interim Advice Adoption Letter was executed. No new product offering or accompanying Interim Advice Adoption Letter will be construed to limit or add to any rates , terms or conditions existing in this Agreement. CLECs with a current Interconnection Agreement may opt into , through Section 252(i) of the Act, any provision of the SGA T or an existing Agreement by executing an appropriate amendment to its current Interconnection Agreement. When opting into a provision, contained in an existing Interconnection Agreement or the SGA T Qwest may require CLEC to accept Legitimately Related provisions to ensure that the opted into provision retains the context set forth in the Interconnection Agreement or the SGAT. The expiration date of the Interconnection Agreement from which the opted into provision was selected or the expiration date specified in the SGAT respectively, whichever is closer to the present date, shall be considered Legitimately Related. In all other instances Qwest bears the burden of establishing that an Interconnection Agreement or SGAT provision is Legitimately Related. To opt into a provision of the SGAT through Section 252(i), CLEC must provide Qwest with written notice of such intention specifying in detail the provisions of the SGA T selected in the form of a proposed amendment to this Agreement. Qwest shall make a form or sample amendment as well as the currently effective SGAT available in electronic form for use by CLEC to prepare the written notice. Once Qwest receives such written notice, it shall have a reasonable period of time to submit a formal written response either accepting the change and signing the amendment or identifying those additional provisions that Qwest believes are Legitimately Related and must also be included as part of the amendment. If Qwest identifies additional provisions that Qwest believes are Legitimately Related Qwest shall specify the provisions in the proposed amendment, if any, to which the additional provisions are not Legitimately Related and which could be included in a revised proposed amendment that would be acceptable to Qwest. Under ordinary circumstances , a reasonable period of time shall be deemed to be fifteen (15) business days. In addition, Qwest shall provide to CLEC in writing an explanation of why Qwest considers the provisions Legitimately Related, including legal , technical, or other considerations. In extraordinary circumstances where CLEC's requested modification is complex, Qwest shall have additional time to perform its review. When such extraordinary circumstances exist Qwest will notify CLEC in writing within fifteen (15) business days from the notice and advise CLEC that additional time is necessary. In no event shall a reasonable period of time be deemed to be greater than twenty (20) business days from the time of CLEC's notice. Nothing in this Agreement shall preclude CLEC from opting into specific provisions of an agreement or of an entire agreement, solely because Page 2 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 General Terms such provision or agreement itself resulted from an opting in by CLEC that is a party to it. If Qwest has identified additional provisions that Qwest believes are Legitimately Related and has specified provisions in the proposed amendment to which those provisions are not Legitimately Related, CLEC may provide Qwest with a revised proposed amendment that deletes the disputed provisions, which Qwest shall accept and sign. Regardless of whether CLEC provides Qwest with a revised proposed amendment, if CLEC disputes Qwest's written response that additional SGA T provisions are Legitimately Related , then CLEC may immediately demand that the dispute be submitted to dispute resolution and CLEC shall submit such dispute to dispute resolution within fifteen (15) Days from such receipt of Qwest's response. CLEC may, at its sole option, elect to have the dispute resolution conducted through one of the following methods of dispute resolution: The dispute may be settled by the Commission. Such dispute resolution shall be conducted pursuant to Commission rules or regulations specifying a procedure for submission, hearing and resolving issues pursuant to Section 252(i) of the Act or rules and regulations specifying procedures for submission of a dispute arising under an Interconnection Agreement, as appropriate. If the Commission shall not have established any such rules or regulations, CLEC may file a complaint with the Commission. The Commission may elect to hear the complaint under expedited procedures. The dispute may be settled by arbitration. Such an arbitration proceeding shall be conducted by a panel of three arbitrators knowledgeable about the telecommunications industry. The arbitration proceedings shall be conducted under the then-current rules of the American Arbitration Association (AAA). The Federal Arbitration Act, 9 U.C. Sections 1-, not state law, shall govern the arbitrability of the dispute. All expedited procedures prescribed by AAA rules shall apply. The arbitrator s award shall be final and binding and may be entered in any court having jurisdiction thereof. Except for a finding of bad faith as set forth in 1., each Party shall bear its own costs and attorneys fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration proceedings shall occur in the Denver metropolitan area or in another mutually agreed upon location. Each Party to the dispute shall bear the responsibility of paying its own attorneys' fees and costs in prosecuting/defending the action. However if either Party is found to have brought or defended the action in "bad faith", then that Party shall be responsible for reimbursing the other Party for its reasonable attorneys' fees and costs in prosecuting or defending the action.8.4 If Qwest accepts a CLEC proposed change to adopt certain SGAT language and signs the amendment, the Parties shall begin abiding by the terms of the amendment immediately upon CLEC's receipt of the signed amendment. Qwest shall be responsible for submitting the proposed change to the Commission for its approval within ten (10) business days from receipt of the signed amendment. The amendment shall be deemed effective upon approval of the amendment by the (Insert State Name) Commission Page 3 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 2 Interpretation and Construction Section 2.0 - INTERPRETATION AND CONSTRUCTION This Agreement includes this Agreement and all Exhibits appended hereto, each of which is hereby incorporated by reference in this Agreement and made a part hereof. All references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits to , this Agreement unless the context shall otherwise require. The headings and numbering of Sections and Exhibits used in this Agreement are for convenience only and will not be construed to define or limit any of the terms in this Agreement or affect the meaning and interpretation of this Agreement. Unless the context shall otherwise require, any reference to any statute, regulation , rule, Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards, shall be deemed to be a reference to the most recent version or edition (including any amendments, supplements addenda, or successor) of that statute, regulation , rule, Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed or considered to limit or amend the provisions of Section 2.2. In the event a change in a law rule regulation or interpretation thereof would materially change this Agreement, the terms of Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change any reference in this Agreement to such law, rule , regulation or interpretation thereof will be to such law, rule , regulation or interpretation thereof in effect immediately prior to such change until the processes set forth in Section 2.2 are implemented. The existing configuration of either Party s network may not be in compliance with the latest release of technical references technical publications, or publications of Telecommunications industry administrative or technical standards. The provisions in this Agreement are intended to be in compliance with and based on the existing state of the law, rules, regulations and interpretations thereof, including but not limited to state rules , regulations, and laws , as of April 1 , 2003 (the Existing Rules). Nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the Existing Rules or an admission by Qwest or CLEC that the Existing Rules should not be changed , vacated, dismissed , stayed or modified. Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed, vacated, dismissed , stayed or modified. To the extent that the Existing Rules are vacated, dismissed, stayed or materially changed or modified, then this Agreement shall be amended to reflect such legally binding modification or change of the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days after notification from a Party seeking amendment due to modification or change of the Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. It is expressly understood that this Agreement will be corrected , or if requested by CLEC, amended as set forth in this Section 2., to reflect the outcome of generic proceedings by the Commission for pricing, service standards, or other matters covered by this Agreement. Rates in Exhibit A will reflect legally binding decisions of the Commission and shall be applied on a prospective basis from the effective date of the legally binding Commission decision, unless otherwise ordered by the Commission. Any amendment shall be deemed effective on the effective date of the legally binding change or modification of the Existing Rules for rates, and to the extent practicable for other terms and conditions, unless otherwise ordered. During the pendancy of any negotiation for an amendment pursuant to this Section 2., the Parties shall continue to perform their obligations in accordance with the terms and conditions of thisAgreement, for up to sixty (60) Page 4 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 2 Interpretation and Construction Days. If the Parties fail to agree on an amendment during the sixty (60) Daynegotiation period the Parties agree that the first matter to be resolved during Dispute Resolution will be the implementation of an interim operating agreement between the Parties regarding the disputed issues , to be effective during the pendancy of Dispute Resolution. The Parties agree that the interim operating agreementshall be determined and implemented within the first fifteen (15) Days of Dispute Resolution and the Parties will continue to perform their obligations in accordance with the terms and conditions of this Agreement, until the interim operating agreement is implemented. For purposes of this section , " legally binding" means that the legal ruling has not been stayed, no request for a stay is pending, and any deadline for requesting a stay designated by statute or regulation , has passed. In addition to, but not in limitation of, 2.2 above , nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the FCC's decision and rules adopted in In the Matter of Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147, nor rules, regulations and interpretations thereof, including but not limited to state rules, regulations, and laws as they may be issued or promulgated regarding the same (Decision(s)). Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper interpretation or effect of Decisions or concerning whether the Decision should be changed , vacated, dismissed , stayed or modified Unless otherwise specifically determined by the Commission , in cases of conflict between this Agreement and Qwest'Tariffs, PCA T, methods and procedures, technical publications, policies, product notifications or other Qwest documentation relating to Qwest's or CLEC's rights or obligations under this Agreement , then the rates, terms and conditions of this Agreement shall prevail. To the extent another document abridges or expands the rights or obligations of either Party under this Agreement, the rates terms and conditions of this Agreement shall prevail. Page 5 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 3 CLEC Information Section 3.0 - CLEC INFORMATION Except as otherwise required by law, Qwest will not provide or establish Interconnection Unbundled Network Elements ancillary services and/or resale Telecommunications Services in accordance with the terms and conditions of this Agreement prior to CLEC's execution of this Agreement. The Parties shall complete Qwest's "New Customer Questionnaire " as it applies to CLEC's obtaining of Interconnection Unbundled Network Elements, ancillary services, and/or resale of Telecommunications Services hereunder. Prior to placing any orders for services under this Agreement, the Parties will jointly complete the following sections of Qwest's "New Customer Questionnaire General Information Billing and Collection (Section 1) Credit Information Billing Information Summary Billing OSS and Network Outage Notification Contact Information System Administration Contact Information Ordering Information for LIS Trunks, Collocation , and Associated Products (if CLEC plans to order these services) Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order these services) The remainder of this questionnaire must be completed within two (2) weeks of completing the initial portion of the questionnaire. This questionnaire will be used to: Determine geographical requirements; Identify CLEC identification codes; Determine Qwest system requirements to support CLEC's specific activity; Collect credit information; Obtain Billing information; Create summary bills; Establish input and output requirements; Create and distribute Qwest and CLEC contact lists; and Page 6 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 3 CLEC Information Identify CLEC hours and holidays. CLECs that have previously completed a Questionnaire need not fill out a new New Customer Questionnaire; however CLEC will update its New Customer Questionnaire with any changes in the required information that have occurred and communicate those changes to Qwest. Before placing an order for a new product CLEC will need to complete the relevant new product questionnaire and amend this Agreement, which may include an amendment pursuant to Section 1. Page 7 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Section 4.0 - DEFINITIONS Access Service Request" or "ASR" means the industry guideline forms and supporting documentation used for ordering Access Services. The ASR will be used to order trunking and facilities between CLEC and Qwest for Local Interconnection Service. Access Services" refers to the interstate and intrastate switched access and private line transport services offered for the origination and/or termination of interexchange traffic. Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange Carrier Switches. Qwest's Access Tandem Switches are also used to connect and switch traffic between and among Central Office Switches within the same LATA and may be used for the exchange of local traffic. Act" means the Communications Act of 1934 (47 U.C. 151 et. seq.), as amended and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the Commission. Advanced Intelligent Network" or "AIN" is a Telecommunications network architecture in which call processing, call routing and network management are provided by means of centralized databases. Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications capability that enables users to originate and receive high-quality, voice, data, graphics or video Telecommunications using any technology. Affiliate" is as defined in the Act. AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544 Mbps) using Alternate Mark Inversion (AMI) line code. Applicable Law" means all laws, statutes, common law, ordinances, codes, rules , guidelines orders, permits and approval of any governmental regulations , including, but not limited to , the Act, the regulations, rules, and final orders of the FCC and the Commission , and any final orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or orders of the FCC or the Commission. Application Date" or "APP" means the date CLEC provides Qwest an application for service containing required information as set forth in this Agreement. ATIS" or "Alliance for Telecommunications Industry Solutions is a North American telecommunication industry standards forum which , through its committees and working groups creates, and publishes standards and guidelines designed to enable interoperability and Interconnection for Telecommunications products and services. ATIS Standards and Guidelines , as well as the standards of other industry fora, are referenced herein. Page 8 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Issue No. Qwest Proposed: Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that initially records telecommunication message information. AMA format is contained in the AMA document, published by Telcordia Technologies , or its successors, as GR-11 OO-CORE which defines the industry standard for message recording. Level 3 Proposed: Automated Message Accounting or "AM A" is the structure that initially records telecommunication message information. AMA format is contained in the AMA document published by Telcordia Technologies, or its successors, as GR-1100-CORE which defines the industry standard for message recording. Automatic Location Identification" or "All" is the automatic display at the Public Safety Answering Point (PSAP) of the caller s telephone number, the address/location of the telephone and supplementary emergency services information for Enhanced 911 (E911). Automatic Location Identification/Database Management System" or "All/DBMS" is Enhanced 911/(E911) database containing End User Customer location information (including name , service address, telephone number, and sometimes special information from the local service provider) used to determine to which Public Safety Answering Point (PSAP) to route the call and used by the PSAP for emergency call handling (Le., dispatch of emergency aid). Automatic Location Identification Gateway" or "All Gateway" is a computer facility into which CLEC delivers Automatic Location Identification ("All") data for CLEC Customers. Access to the All Gateway will be via a dial-up modem using a common protocol. Automatic Number Identification" or "ANI" is the Billing telephone number associated with the access line from which a call originates. ANI and Calling Party Number (CPN) usually are the same number. Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection of the least expensive or most appropriate transmission facility for each call based on criteria programmed into a circuit Switch routing table or system. Page 9 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Issue No. Qwest Proposed: Basic Exchange Telecommunications Service" means , unless otherwise defined Commission rules and then it shall have the meaning set forth therein , a service offered to End User Customers which provides the End User Customer with a telephonic connection to and a unique local telephone number address on, the public switched telecommunications network, and which enables such End User Customer to generally place calls to, or receive calls from, other stations on the public switched telecommunications network. Basic residence and business line services are Basic Exchange Telecommunications Services. used solely in the context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications Service includes access to ancillary services such as 911 , directory assistance and operator services. Level 3 Proposed: No Definition is required, and certainly not one that defines traffic as only PSTN-PSTN traffic. Level 3 provides IP Enabled services whereby Level 3's customers complete Voice over IP telecommunications. Qwest's proposed definition would describe the services subject to this agreement as only those circumstances where an end user that obtains service from the public switched telecommunications network, place calls to , or receive calls from , other stations on the public switched telecommunications network. This definition is unnecessary, and excludes the types of IP Enabled traffic that is exchanged with Level 3. Bill and Keep" is as defined by FCC regulation. Bill Date" means the date on which a Billing period ends, as identified on the bill. Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to another to facilitate Customer Billing with attendant acknowledgments and status reports. It also involves the exchange of information between Telecommunications Carriers to process claims and adjustments. Binder Groups" means the sub-units of a cable, usually in groups of 25 , 50 or 100 color-coded twisted pairs wrapped in colored tape within a cable. Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17. Bridged Tap" means the unused sections of a twisted pair subtending the loop between the End User Customer and the Serving Wire Center or extending beyond the End User Customer location. Busy Line Verify/Busy Line Interrupt" or "BL V/BLI Traffic" means a call to an operator service in which the caller inquires as to the busy status of or requests an interruption of a call on another End User Customer s Basic Exchange Telecommunications Service line. Issue No. Qwest proposed: Page 10 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Call Record" means a record that provides key data about individual telephone calls. It includes originating telephone number, terminating telephone number, billing telephone number (if different from originating or terminating number) time and date of call , duration of call , long distance carrier (if applicable), and other data necessary to properly rate and bill the call. Level 3 proposed: Call Record" shall include identification of the following: charge number, Calling Party Number CPN"), Other Carrier Number ("OCN"), or Automatic Number Identifier ("ANI"), Originating Line Indicator rOll"). In the alternative, a "Call Record" may include any other information agreed upon by both Parties to be used for identifying the jurisdictional nature of the calling party or for assessing applicable intercarrier compensation charges. Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which refers to the ten digit number transmitted through a network identifying the calling party. Carrier" or "Common Carrier" See Telecommunications Carrier. Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive oversight committee that provides direction as well as an appeals process to its subtending fora the Network Interconnection Interoperability Forum (Nil F), the Ordering and Billing Forum. (OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee (TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a logical home in one of the subtending forums. OBF and NIMC publish business process rules for their respective areas of concern. Central Office" means a building or a space within a building where transmission facilities or circuits are connected or switched. Central Office Switch" means a Switch used to provide Telecommunications Services including, but not limited to: End Office Switches" which are used to terminate End User Customer station loops, or equivalent, for the purpose of interconnecting to each other and to trunks; and Tandem Office Switches" which are used to connect and switch trunk circuits between and among other End Office Switches. CLEC Switch(es) shall be considered Tandem Office Switch(es) to the extent such Switch(es) serve(s) a comparable geographic area as Qwest's Tandem Office Switch and is used to connect and switch trunk circuits between and among other End Office Switches. A fact-based consideration by the Commission of geography should be used to classify any Switch on a prospective basis. Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling protocol used to record Billing data. Centralized Message Distribution System " or "CMDS" means the operation system that Local Exchange Carriers use to exchange outcollect and lABS access messages among each other and other parties connected to CMDS. Page 11 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Centrex" shall have the meaning set forth in Section 6. Charge Number" is a Common Channel Signaling parameter, which refers to the number transmitted through the network identifying the Billing number of the calling party. Charge Number frequently is not the Calling Party Number (CPN). Collocation is an arrangement where Qwest provides space in Qwest Premises for the placement of CLEC's equipment to be used for the purpose of Interconnection or access to Qwest Unbundled Network Elements. Collocation - Point of Interconnection " or "POI" is the point outside Qwest's Wire Center where CLEC's fiber facility meets Qwest's Fiber Entrance Facility, except where CLEC uses an Express Fiber Entrance Facility. In either case , Qwest will extend or run the Fiber Entrance Facility to CLEC's Collocation Space. (The applicable definition of Commission to be inserted. Commission" means the State Regulatory Commission or Board with jurisdiction for the services provided pursuant to this Agreement. In the State of Arizona, "Commission" means the Arizona Corporation Commission. In the State of Colorado, "Commission" means the Colorado Public Utilities Commission. In the State of Idaho , " Commission" means the Idaho Public Utilities Commission. In the State of Iowa , " Commission" means the Iowa Utilities Board. In the State of Minnesota , " Commission" means the Minnesota Public Utilities Commission. In the State of Montana , " Commission" means the Montana Public Service Commission. In the State of Nebraska , " Commission" means the Nebraska Public Service Commission. In the State of New Mexico , " Commission" means the New Mexico Public Regulation Commission. In the State of North Dakota , " Commission" means the North Dakota Public Service Commission. the State of Oregon , " Commission" means the Oregon Public Utility Commission. In the State of South Dakota , " Commission" means the South Dakota Public Utilities Commission. In the State of Utah , " Commission" means the Utah Public Service Commission. In the State of Washington , " Commission" means the Washington Utilities and Transportation Commission. the State of Wyoming, "Commission" means the Wyoming Public Service Commission. Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.C. Section 332 and FCC rules and orders interpreting that statute. Commingling " means the connecting, attaching, or otherwise linking of an Unbundled Network Element, or a Combination of Unbundled Network Elements, to one or more facilities or services that a requesting Telecommunications Carrier has obtained at wholesale from Qwest, or the combination of an Unbundled Network Element, or a Combination of Unbundled Network Elements, with one or more such facilities or services. Commingle" means the act of Commingling. Common Channel Signaling " or "CCS" means a method of exchanging call set up and network control data over a digital signaling network fully separate from the Public Switched Network that carries the actual call. Signaling System 7 ("SS7") is currently the preferred CCS method. Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installing pen registers and trap and trace devices. Page 12 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements ancillary services, or resale of Telecommunications Services. A CLEC is an entity authorized to provide Local Exchange Service that does not otherwise qualify as an Incumbent Local Exchange Carrier (lLEC). Confidential Information" shall have the meaning set forth in Section 5.16. Cross Connection" is a cabling scheme between cabling runs subsystems, and equipment using patch cords or jumper wires that attach to connection hardware on each end. Custom Calling Features" comprise a group of features provided via a Central Office Switch without the need for special Customer Premises Equipment. Features include, but are not limited to, call waiting, 3-way calling, abbreviated dialing (speed calling), call forwarding, and series completing (busy or no answer). Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features consisting of number translation services, such as call forwarding and caller identification available within a Local Access and Transport Area ("LATA"). Features include , but are not limited to, automatic callback, automatic recall, calling number delivery, Customer originated trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection. Current Service Provider" means the Party from which an End User Customer is planning to switch its local exchange service or the Party from which an End User Customer is planning to port its telephone number(s). Customer" is a Person to whom a Party provides or has agreed to provide a specific service or set of services , whether directly or indirectly. Customer includes Telecommunication Carriers. See also, End User Customer. Customer Premises Equipment" or "CPE" means equipment employed on the premises of a Person other than a Carrier to originate, route or terminate Telecommunications (e., a telephone, PBX, modem pool , etc. Customer Usage Data" means the Telecommunications Service usage data of a CLEC Customer, measured in minutes, sub-minute increments, message units or otherwise, that is recorded by Qwest AMA equipment and forwarded to CLEC. Dark Fiber" shall have the meaning set forth in Section 9. Data Local Exchange Carrier" or "DLEC" is a CLEC interconnecting primarily for purposes of transporting data. Day" means calendar days unless otherwise specified. Dedicated Transport" is a Qwest provided digital transmission path between Qwest Wire Centers, Qwest End Office Switches, and Qwest Tandem Switches to which CLEC is granted exclusive use. The path may operate at DS-1 or DS-3 transmission speeds. Dedicated Transport is also described in Section Page 13 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Demarcation Point" means the point where Qwest owned or controlled facilities cease, and CLEC, End User Customer, premises owner or landlord ownership or control of facilities begin. Designed, Verified and Assigned Date" or "DVA" means the date on which implementation groups are to report that all documents and materials have been received and are complete. Desired Due Date" means the desired service activation date as requested by CLEC on a service order. Dialing Parity" shall have the meaning set forth in Section 14. Digital Cross-Connect System" or "DCS" is a function which provides automated Cross Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within physical interface facilities. Types of DCS include but are not limited to DCS 1/0s, DCS 3/1 s and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS 1 rate or greater with Cross Connection typically at the DSO rate. This same nomenclature , at the appropriate rate substitution , extends to the other types of DCS specifically cited as 3/1 and 3/3. Types of DCS that cross-connect Synchronous Transport Signal level 1 (STS-1 s) or other Synchronous Optical Network (SONET) signals (e., STS-3) are also DCS, although not denoted by this same type of nomenclature. DCS may provide the functionality of more than one of the aforementioned DCS types (e., DCS 3/3/1 which combines functionality of DCS 3/3 and DCS 3/1). For such DCS, the requirements will be , at least, the aggregation of requirements on the "component" DCS. In locations where automated Cross Connection capability does not exist, DCS will be defined as the combination of the functionality provided by a Digital Signal Cross-Connect (DSX) or Light Guide Cross-Connect (LGX) patch panels and D4 channel banks or other DSO and above multiplexing equipment used to provide the function of a manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another Cross Connection, or other service platform device. Digital Signal Level" means one of several transmission rates in the time-division multiplex hierarchy. Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice conversation using pulse code modulation. There are 24 DSO channels in a DS1. Digital Signal Level 1" or "DS 1" means the 1.544 Mbps first-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is the initial level of multiplexing. There are 28 DS1s in a DS3. Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is defined as the third level of multiplexing. Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii) disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de- multiplexing). DSLAMs can connect DSL loops with some combination of CLEC A TM, Frame Relay, or I P networks. The DSLAM must be located at the end of a copper loop nearest the Serving Wire Center (e., in a Remote Terminal , Central Office, or a Customer s premises). Page 14 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that are designed to provide digital communications services over copper loops either in addition to or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but not limited to, the following: ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission technology that typically permits the transmission of up to 8 Mbps downstream (from the Central Office to the End User Customer) and up to 1 Mbps digital signal upstream (from the End User Customer to the Central Office) over one copper pair. HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits over a single copper pair, T1 service over 2 copper pairs, or future E1 service over 3 copper pairs. HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps. IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital Subscriber Line is a symmetrical baseband DSL technology that permits the bi- directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching. RADSL" or "Rate Adaptive Digital Subscriber Line is a form of ADSL that can automatically assess the condition of the loop and optimize the line rate for a given line quality. SDSL" or "Symmetric Digital Subscriber Line is a baseband DSL transmission technology that permits the bi-directional transmission from up to 160 kbps to 2.048 Mbps on a single pair. VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission technology that permits the transmission of up to 52 Mbps downstream (from the Central Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the End User Customer to the Central Office). VDSL can also be 26 Mbps symmetrical , or other combination. Directory Assistance Database" shall have the meaning set forth in Section 10., 10. and 10. Directory Assistance Lists" shall have the meaning set forth in Section 10. Directory Assistance Service" includes, but is not limited to, making available to callers, upon request, information contained in the Directory Assistance Database. Directory Assistance Service includes, where available, the option to complete the call at the caller s direction. Directory Listings" are any information: (1) identifying the listed names of subscribers of a Telecommunications Carrier and such subscriber s telephone numbers, addressees, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names , numbers, addresses classifications; and (2) that the Telecommunications Carrier or an Affiliate has published caused to be published, or accepted for publication in any directory format. Page 15 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Disturber" is defined as a technology recognized by industry standards bodies that significantly degrades service using another technology (such as how AMI T1x affects DSL). Due Date" means the specific date on which the requested service is to be available to the CLEC or to CLEC's End User Customer, as applicable. DSX Panel" means a cross-connect bay or panel used for the termination of equipment and facilities operating at digital rates. Effective Date" shall have the meaning set forth in Section 1.4. Electronic Bonding" is a real-time and secure electronic exchange of data between information systems in separate companies. Electronic Bonding allows electronic access to services which have traditionally been handled through manual means. The heart of Electronic Bonding is strict adherence to both International and National standards. These standards define the communication and data protocols allowing all organizations in the world to exchange information. Electronic File Transfer" means any system or process that utilizes an electronic format and protocol to send or receive data files. Emergency Service Number" or "ESN" is a three to five digit number representing a unique combination of Emergency Response Agencies (law enforcement, fire and emergency medical service) designed to serve a specific range of addresses within a particular geographical area. The ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the dispatch of proper Emergency Response Agency(ies). End User Customer" means a third party retail Customer that subscribes to Telecommunications Service provided by either of the Parties or by another Carrier or by two (2) or more Carriers. Enhanced Services" means any service offered over Common Carrier transmission facilities that employ computer processing applications that act on the format, content, code, protocol or similar aspects of a subscriber s transmitted information; that provide the subscriber with additional, different or restructured information; or involve End User Customer interaction with stored information. Enhanced 911" or "E911" shall have the meaning set forth in Section 1 0. Environmental Hazard" means any substance the presence, use, transport, abandonment or disposal of which (i) requires investigation , remediation, compensation, fine or penalty under any Applicable Law (including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act Superfund Amendment and Reauthorization Act Resource Conservation Recovery Act , the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law. Issue No. Qwest proposed: Page 16 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Exchange Access" (IntraLATA Toll carried solely by local exchange carriers) as used in Section 7 is defined in accordance with Qwest's current IntraLATA toll serving areas, as determined by Qwest's state and interstate Tariffs and excludes toll provided using Switched Access purchased by an IXC. "Exchange Access" as used in the remainder of the Agreement shall have the meaning set forth in the Act. Level 3 proposed: Exchange Access" - The term "Exchange Access" means the offering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services. Exchange Message Interface or "EMI" means the format used for exchange Telecommunications message information among Telecommunications Carriers. It referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that defines industry guidelines for the exchange of message records. Exchange Message Record" or "EMR" is the standard used for exchange telecommunications message information between telecommunications providers for billable non-billable, sample, settlement and study data. EMR format is contained in BR-010-200-010 CRIS Exchange Message Record, a Telcordia document that defines industry standards for exchange message records. Issue No. 14 Qwest proposed: Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is originated and terminated within the Local Calling Area as determined by the Commission. Level 3 proposed: Telephone exchange service - The term "telephone exchange service" means (A) service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or (B) comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service. FCC" means the Federal Communications Commission. Fiber Meet" means an Interconnection architecture method whereby the Parties physically interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at a mutually-agreed-upon location. Finished Services" means complete end to end services offered by Qwest to wholesale or retail Customers. Finished Services do not include Unbundled Network Elements or combinations of Unbundled Network Elements. Finished Services include voice messaging, Qwest provided DSL, Access Services, private lines, retail services and resold services. Page 17 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Firm Order Confirmation" or "FOC" means the notice Qwest provides to CLEC to confirm that the CLEC Local Service Order (LSR) has been received and has been successfully processed. The FOC confirms the schedule of dates committed to by Qwest for the Provisioning of the service requested. Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity between the networks of service providers that are not directly connected to each other; or (ii) provides third party database services such as LlDB. The SS7 messages received by Hub Providers are accepted or rejected by the Hub Provider depending on whether a contractual arrangement exists between the Hub Provider and the message originator (sender) and whether the message originator has contracted for the type of SS7 messages being submitted for transmission to the Hub Provider. Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit I. Information Service" is as defined in the Act. Integrated Digital Loop Carrier" means a subscriber Loop Carrier system , which integrates multiple voice channels within the Switch on a DS1 level signal. Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network service. Basic Rate ISDN (BRI) provides for channelized (2 bearer and 1 data) end-to-end digital connectivity for the transmission of voice or data on either or both bearer channels and packet data on the data channel. Primary Rate ISDN (PRI) provides for 23 bearer channels and 1 data channel. For BRI , the bearer channels operate at 64 Kbps and the data channel at 16 Kbps. For PRI , all 24 channels operate at 64 Kbps or 1.5 Mbps. Issue No.1 0 Qwest proposed: Interconnection" is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone Exchange Service traffic Exchange Access (IntraLATA Toll carried solely by local exchange carriers), ISP-Bound traffic and Jointly Provided Switched Access traffic. Level 3 proposed: Interconnection " is the linking of two networks for the mutual exchange of Telecommunications Including Telephone Exchange Service And Exchange Access traffic. Telecommunications includes, but is not limited to Section 251 (b)(5) Traffic, which is defined as Telephone Exchange Service, Exchange Access Service, Information Service, and Telephone Toll Service (including but not limited to IntraLATA and InterLATA Toll) traffic and is also defined to include ISP-Bound traffic, VolP traffic. Interconnection also includes the exchange of Jointly Provided Switched Access (InterLATA and IntraLATA) traffic. Section 251 (b)(5) traffic does not include Jointly Provided Switched Access traffic. Interconnection Agreement" or "Agreement" is an agreement entered into between Qwest and CLEC for Interconnection, Unbundled Network Elements or other services as a result of negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the Act. When CLEC signs and delivers a copy of this Agreement to Qwest pursuant to the notice provision of the Agreement, it becomes the Interconnection Agreement between the Parties Page 18 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions pursuant to Section 252(e) of the Act. Issue No. 11 Qwest proposal: Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll services. Level 3 Proposal: Interexchange Carrier" or "IXC" means a Carrier that provides Telephone Toll Service (See Idaho and Oregon SGA Ts for state-specific definition of INPJ lnterLATA Traffic" describes Telecommunications between a point located in a Local Access and Transport Area ("LATA") and a point located outside such area. Issue No. 12 Qwest Proposal: IntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area. Level 3 Proposal: IntraLATA Toll Traffic" describes IntraLATA Traffic that constitutes Telephone Toll Service. Interoperability" means the ability of a Qwest OSS Function to process seamlessly (Le. without any manual intervention) business transactions with CLEC's OSS application , and vice versa, by means of secure exchange of transaction data models that use data fields and usage rules that can be received and processed by the other Party to achieve the intended OSS Function and related response. (See also Electronic Bonding. ISP-Bound Traffic" is as defined in the FCC ISP Order. Page 19 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Legitimately Related" terms and conditions are those rates, terms, and conditions that relate solely to the individual Interconnection, service or element being requested by CLEC under Section 252(i) of the Act, and not those relating to other Interconnection , services or elements in the approved Interconnection Agreement. These rates, terms and conditions are those that when taken together, are the necessary rates, terms and conditions for establishing the business relationship between the Parties as to that particular Interconnection , service or element. This definition is not intended to limit the FCC's interpretation of "legitimately related" as found in its rules, regulations or orders or the interpretation of a court of competent jurisdiction. LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code shown in the LERG from one Carrier to another Carrier. Line Information Database" or "LlDB" shall have the meaning as set forth in Section 9.15. Line Side" refers to End Office Switch connections that have been programmed to treat the circuit as a local line connected to a terminating station (e., an End User Customer telephone station set, a PBX, answering machine, facsimile machine or computer). Local Access Transport Area" or "LATA" is as defined in the Act. Local Calling Area" is as defined by the Commission. Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c) of the Act, except to the extent that the FCC finds that such service should be included in the definition of such term. Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well Issue No. 13 Qwest Proposal: Local Interconnection Service or "LIS" Entrance Facility" is a DS1 or DS3 facility that extends from CLEC's Switch location or Point of Interconnection (POI) to the Qwest Serving Wire Center. An Entrance Facility may not extend beyond the area served by the Qwest Serving Wire Center. Level 3 Proposal: Level 3 opposed this entire definition, because the term is used by Qwest to shift the costs of Qwest's network to Level 3. as Network Element and equipment designations. Page 20 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Local Interconnection Service" or "LIS" is the Qwest product name for its provision of Interconnection as described in Section 7 of this Agreement. Local Number Portability" or "LNP" shall have the meaning set forth in Section 1 0. Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9. Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish industry-wide ordering and Billing processes for ordering local services. Local Service Request" or "LSR" means the industry standard forms and supporting documentation used for ordering local services. Loop Concentrator/Multiplexer" or "LCM" is the Network Element that does one or more of the following: aggregates lower bit rate or bandwidth signals to higher bit rate or bandwidth signals (multiplexing); disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals (demultiplexing); aggregates a specified number of signals or channels to fewer channels (concentrating); performs signal conversion, including encoding of signals (e., analog to digital and digital to analog signal conversion); or in some instances performs electrical to optical (E/O) conversion. LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or Central Offices. Location Routing Number" or "LRN" means a unique 1 O-digit number assigned to a Central Office Switch in a defined geographic area for call routing purposes. This 10-digit number serves as a network address and the routing information is stored in a database. Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a database query to obtain the Location Routing Number that corresponds with the Switch serving the dialed telephone number. Based on the Location Routing Number, the querying Carrier then routes the call to the Switch serving the ported number. The term "LRN" may also be used to refer to a method of LNP. Main Distribution Frame" or "MDF" means a Qwest distribution frame (e., COSMICTM frame) used to connect Qwest cable pairs and line and trunk equipment terminals on a Qwest switching system. Maintenance and Repair" involves the exchange of information between Carriers where one initiates a request for maintenance or repair of existing products and services or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports in order to ensure proper operation and functionality of facilities. Page 21 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Maintenance of Service charge" is a charge that relates to trouble isolation. Maintenance of Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when the Qwest technician performs work during standard business hours. Overtime Maintenance of Service charges apply when the Qwest technician performs work on a business Day, but outside standard business hours , or on a Saturday. Premium Maintenance of Service charges apply when the Qwest technician performs work on either a Sunday or Qwest recognized holiday. Master Street Address Guide" or "MSAG" is a database of street names and house number ranges within their associated communities defining particular geographic areas and their associated ESNs to enable proper routing of 911 calls. Meet Point" is a point of Interconnection between two networks, designated by two Telecommunications Carriers , at which one Carrier s responsibility for service begins and the other Carrier s responsibility ends. Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" refers to an arrangement whereby two LECs (including a LEC and CLEC) jointly provide Switched Access Service to an Interexchange Carrier, with each LEC (or CLEC) receiving an appropriate share of the revenues from the IXC as defined by their effective access Tariffs. Mid-Span Meet" means an Interconnection between two (2) networks, designated by two Telecommunications Carriers, whereby each provides its own cable and equipment up to the Meet Point of the cable facilities. Miscellaneous Charges" mean cost-based charges that Qwest may assess in addition to recurring and nonrecurring rates set forth in Exhibit A for activities CLEC requests Qwest to perform , activities CLEC authorizes , or charges that are a result of CLEC's actions, such as cancellation charges, additional labor and maintenance as set forth in Exhibit A. Miscellaneous Charges are not already included in Qwest's recurring or nonrecurring rates. Miscellaneous Charges are listed in Exhibit A. Multiple Exchange Carrier Access Billing " or "MECAB" refers to the document prepared by the Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECAB document, published by Telcordia Technologies as Special Report SR-BDS-000983, contains the recommended guidelines for the Billing of an access service provided by two or more LECs (including a LEC and a CLEC), or by one LEC in two or more states within a single LATA. Multiple Exchange Carrier Ordering and Design " or "MECOD" Guidelines for Access Services - Industry Support Interface, refers to the document developed by the Ordering/Provisioning Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECOD document, published by Telcordia Technologies as Special Report SR STS-002643, establishes recommended guidelines for processing orders for access service which is to be provided by two or more LECs (including a LEC and a CLEC). It is published by Telcordia Technologies as SRBDS 00983. Page 22 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions 1 Carrier" means the Carrier in the call routing process immediately preceding the terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under the FCC's rules) to determine the LRN value for correctly routing a call to a ported number. National Emergency Number Association" or "NENA" is an association which fosters the technological advancement, availability and implementation of 911 Service nationwide through research, planning, training, certification , technical assistance and legislative representation. Near Real Time" means that Qwest's OSS electronically receives a transaction from CLEC automatically processes that transaction, returns the response to that transaction to CLEC in an automatic event driven manner (without manual intervention) via the interface for the OSS Function in question. Except for the time it takes to send and receive the transaction between Qwest's and CLEC's ass application , the processing time for Qwest's representatives should be the same as the processing time for CLEC's representatives. Current benchmarks using TCIF 98-006 averages between two and four seconds for the connection and an average transaction transmittal. The specific agreed metrics for "near-real-time" transaction processing will be contained in the Performance Indicator Definitions (PIDs), where applicable. Network Element" is a facility or equipment used in the provision of Telecommunications Service. It also includes features, functions, and capabilities that are provided by means of such facility or equipment, including subscriber numbers, databases, signaling systems, and information sufficient for Billing and collection or used in the transmission, routing, or other provision of a Telecommunications Service. Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee responsible for developing business process rules for Maintenance and Repair or trouble administration. Network Interface Device" or "NID" is a Network Element (including all of its features, functions and capabilities) that includes any means of interconnection of Customer premises wiring to Qwest's Distribution plant , such as a cross connect device used for that purpose. New Service Provider" means the Party to which an End User Customer switches its local exchange service or the Party to which an End User Customer is porting its telephone number(s). 911 Service" shall have the meaning set forth in Section 10. 911/E911 Interconnection Trunk Groups" shall have the meaning set forth in Section 10. North American Numbering Council" or "NANC" means the federal advisory committee chartered by the FCC to analyze , advise , and make recommendations on numbering issues. North American Numbering Plan" or "NANP" means the basic numbering plan for the Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto Rico , Guam , the Commonwealth of the Marianna Islands and certain Caribbean Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as the area code) followed by a 3-digit NXX code and 4-digit line number. Number Portability Administration Center " or "NPAC" means one of the seven regional number portability centers involved in the dissemination of data associated with ported numbers. The Page 23 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions NPACs were established for each of the seven, original Bell Operating Company regions so as to cover the 50 states, the District of Columbia and the U.S. territories in the North American Numbering Plan area. Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique three-digit indicator that is defined by the " " " B" and "C" digits of each 1 O-digit telephone number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2) general categories of NPA. "Geographic NPA" is associated with a defined geographic area and all telephone numbers bearing such NPA are associated with services provided within that Geographic area. A "Non-Geographic NPA " also known as a "Service Access Code" (SAC Code), is typically associated with a specialized Telecommunications Service which may be provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are examples of Non-Geographic NPAs. NXX " " NXX Code " " Central Office Code," or "CO Code" is the three digit Switch entity code which is defined by the D, E and F digits of a 10 digit telephone number within the NANP. Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12. Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry Solutions, concerned with inter-company ordering and Billing. Originating Line Information" or "OLl" is an CCS SS7 Feature Group D signaling parameter which refers to the number transmitted through the network identifying the Billing number of the calling party. 01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning standard with the statistical probability of no more than one call in 100 blocked on initial attempt during the average busy hour. Packet Switch" is a router designed to read the destination address in an incoming cell or packet, consult a routing table and route the packet toward its destination. Packetizing is done in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or protocols exist (e., x., x., frame relay, ATM , and IP). Parity" means the provision of non-discriminatory access to Interconnection, Resale Unbundled Network Elements and other services provided under this Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable. Where Technically Feasible , the access provided by Qwest will be provided in "substantially the same time and manner" to that which Qwest provides to itself, its End User Customers , its Affiliates or to any other party. Party" means either Qwest or CLEC and "Parties" means Qwest and CLEC. Percent Local Usage" or "PLU" is a calculation which represents the ratio of the local minutesto the sum of local and IntraLA T A toll minutes sent between the Parties over Local Interconnection Trunks. Directory Assistance Services, CMRS traffic, transiting calls from other LECs and Switched Access Services are not included in the calculation of PLU. Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B. Page 24 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Person" is a general term meaning an individual or association , corporation , firm , joint-stock company, organization, partnership, trust or any other form or kind of entity. Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC. Physical Collocation" shall have the meaning set forth in Section 8. Pole Attachment" shall have the meaning set forth in Section 10. Point of Interface , " Point of Interconnection " or "POI" is a demarcation between the networks of two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of traffic takes place. Point of Presence" or "POP" means the Point of Presence of an IXC. Port" means a line or trunk connection point, including a line card and associated peripheral equipment, on a Central Office Switch but does not include Switch features. The Port serves as the hardware termination for line or Trunk Side facilities connected to the Central Office Switch. Each Line Side Port is typically associated with one or more telephone numbers that serve as the Customer s network address. POTS" means plain old telephone service. Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal power densities across a range of frequencies to permit divergent technologies to coexist in close proximity within the same Binder Groups. Premises" refers to Qwest's Central Offices and Serving Wire Centers; all buildings or similar structures owned , leased, or otherwise controlled by Qwest that house its network facilities; all structures that house Qwest facilities on public rights-of-way, including but not limited to vaults containing Loop Concentrators or similar structures; and all land owned, leased, or otherwise controlled by Qwest that is adjacent to these Central Offices , Wire Centers, buildings and structures. Product Catalog" or "PCA T" is a Qwest document that provides information needed to request services available under this Agreement. Qwest agrees that CLEC shall not be held to the requirements of the PCAT. The PCAT is available on Qwest's Web site: httpllwww.qwest.com/whoiesale/pcatl Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in section 9., including out of hours coordination. Proof of Authorization" or "POA" shall consist of verification of the End User Customer selection and authorization adequate to document the End User Customer s selection of its local service provider. Proprietary Information" shall have the same meaning as Confidential Information. Provisioning" involves the exchange of information between Telecommunications Carriers where one executes a request for a set of products and services or Unbundled Network Page 25 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Elements or combinations thereof from the other with attendant acknowledgments and status reports. Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same number of digits as ANI , that is not a NANP telephone directory number and may be used in place of an ANI to convey special meaning, determined by agreements, as necessary, between the system originating the call, intermediate systems handling and routing the call, and the destination system. Public Safety Answering Point" or "PSAP" is the public safety communications center where 911/E911 calls for a specific geographic area are answered. Public Switched Network" includes all Switches and transmission facilities, whether by wire or radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the NANP in connection with the provision of switched services. Rate Center" identifies 1) the specific geographic point identified by specific vertical and horizontal (V&H) coordinates, which are used to measure distance sensitive End User Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and 2) the corresponding geographic area which is associated with one or more particular NPA-NNX codes which have been assigned to a LEC or its provision of Telephone Exchange Service. Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when Qwest has completed all operational work in accordance with CLEC Application and makes functional space available to CLEC. Such work includes, but is not necessarily limited to: power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables between CLEC and power are terminated), cage enclosures, primary AC outlet , cable racking, and circuit terminations (e., fiber jumpers are placed between the outside plant fiber distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA are complete, telephone service, and other services and facilities ordered by CLEC for Provisioning by the RFS date. Records Issue Date" or "RID" means the date that all design and assignment information is sent to the necessary service implementation groups. (See Idaho and Oregon SGA Ts for state-specific definition of the Remote Call Forwarding form of INPj Remote Premises" means all Qwest Premises , other than Qwest Wire Centers or adjacent to Qwest Wire Centers. Such Remote Premises include controlled environmental vaults controlled environmental huts, cabinets, pedestals and other Remote Terminals. Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point between the End User Customer and Qwest's Central Office, where Loops are aggregated and hauled to the Central Office or Serving Wire Center using LCM. A Remote Terminal may contain active electronics such as digital Loop Carriers, fiber hubs, DSLAMs, etc. Reseller" is a category of CLECs who purchase the use of Finished Services for the purpose of reselling those Telecommunications Services to their End User Customers. Page 26 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Reserved Numbers" means those telephone numbers which are not in use but which are held in reserve by a Carrier under a legally enforceable written agreement for a specific End User Customer s future use. Scheduled Issued Date" or "SID" means the date the order is entered into Qwest's order distribution system. Selective Router" means the equipment necessary for Selective Routing. Selective Routing " is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional responsibility for the service address of the caller, irrespective of telephone company exchange or Wire Center boundaries. Selective Routing may also be used for other services. Service Control Point" or "SCP" means a node in the CCS network to which information requests for service handling, such as routing, are directed and processed. The SCP is a real time database system that, based on a query from a Service Switching Point (SSP), performs subscriber or application-specific service logic and then sends instructions back to the SSP on how to continue call processing. Service Creation Environment" is a computer containing generic call processing software that can be programmed to create new Advanced Intelligent Network call processing services. Service Date" or "SD" means the date service is made available to the End User Customer. This also is referred to as the "Due Date. Service Provider Identification " or "SPID" is the number that identifies a service provider to the relevant NPAC. The SPID may be a state specific number. Serving Wire Center" denotes the Wire Center from which dial tone for Local Exchange Service would normally be provided to a particular Customer premises. Shared Transport" shall have the meaning set forth in Section 9. Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub- protocols: 1) Message Transfer Part (MTP), which provides functions for basic routing of signaling messages between signaling points;2) Signaling Connection Control Part (SCCP), which provides additional routing and management functions for transfer of messages other than call setup between signaling points;3) Integrated Services Digital Network User Part (ISUP), which provides for transfer of call setup signaling information between signaling points; and4) Transaction Capabilities Application Part (TCAP), which provides for transfer of non-circuit related information between signaling points. Signaling Transfer Point" or "STP" means a Packet Switch that performs message routing functions and provides information for the routing of messages between signaling end points Page 27 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions including SSPs, SCPs , Signaling Points (SPs) and other STPs in order to set up calls and to query call-related databases. An STP transmits, receives and processes Common channel Signaling (CCS) messages. Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F. Spectrum Compatibility" means the capability of two (2) copper Loop transmission system technologies to coexist in the same cable without service degradation and to operate satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is defined on a per twisted pair basis for specific well-defined transmission systems. For the purposes of issues regarding Spectrum Compatibility, service degradation means the failure to meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined for the specific transmission system for all Loop lengths, model Loops , or loss values within the requirements for the specific transmission system. Splitter" means a device used in conjunction with a DSLAM either to combine or separate the high (DSL) and low (voice) frequency spectrums of the Loop in order to provide both voice and data over a single loop. Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 12. Subloop" shall have the meaning set forth in Section 9. Suspended Lines" means subscriber lines that have been temporarily disconnected. Switch" means a switching device employed by a Carrier within the Public Switched Network. Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a combination of End OfficelTandem Switches. Switched Access Service" means the offering of transmission and switching services to Interexchange Carriers for the purpose of the origination or termination of telephone toll service. Switched Access Services include: Feature Group A, Feature Group B, Feature Group D , 8XX access , and 900 access and their successors or similar Switched Access Services. Switched Access Traffic " as specifically defined in Qwest's interstate Switched Access Tariffs is traffic that originates at one of the Party s End User Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates at one of the Party s End User Customers, whether or not the traffic transits the other Party s network. Synchronous Optical Network" or "SONET' is a TDM-based (time division multiplexing) standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards Association (ECSA) for the American National Standards Institute ("ANSI" Tariff" as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs price lists, and price schedules. Technically Feasible." Interconnection, access to unbundled Network Elements, Collocation and other methods of achieving Interconnection or access to unbundled Network Elements at a point in the network shall be deemed Technically Feasible absent technical or operational Page 28 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such Interconnection, access, or methods. A determination of technical feasibility does not include consideration of economic, accounting, Billing, space, or site concerns, except that space and site concerns may be considered in circumstances where there is no possibility of expanding the space available. The fact that an incumbent LEC must modify its facilities or equipment to respond to such request does not determine whether satisfying such request is Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse network reliability impacts must prove to the Commission by clear and convincing evidence that such Interconnection , access, or methods would result in specific and significant adverse network reliability impacts. Telecommunications" is as defined in the Act. Telecommunications Carrier" means any provider of Telecommunications Services, except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the Act only to the extent that it is engaged in providing Telecommunications Services , except that the Federal Communications Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. Telecommunications Equipment" is as defined in the Act. Telecommunications Service" is as defined in the Act. Telephone Exchange Service" means a service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to End User Customers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or comparable service provided through a system of Switches, transmission equipment or other facilities (or combinations thereof) by which a subscriber can originate and terminate a Telecommunications Service. Issue No. 15 Level 3 proposed: Telephone toll service - the term "telephone toll service" means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service. Qwest proposed: This definition is unnecessary, as Qwest's proposed definitions for Exchange Access and Access Services traffic types already encompass the subject of the definitions. TELRIC" means Total Element Long-Run Incremental Cost. Toll Free Service" means service provided with any dialing sequence that invokes Toll Free i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free Service 800/888/877/866 NPA SAC codes. Page 29 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Transaction Set" is a term used by ANSI X 12 and elsewhere that denotes a collection of data related field rules, format, structure, syntax, attributes, segments, elements , qualifiers, valid values that are required to initiate and process a business function from one trading partner to another. Some business function events, e., pre-order inquiry and response are defined as complimentary Transaction Sets. An example of a Transaction Set is service address validation inquiry and service address validation response. Trunk Side" refers to Switch connections that have been programmed to treat the circuit connected to another switching entity. Unbundled Network Element" (UNE) is a Network Element that has been defined by the FCC or the Commission as a Network Element to which Qwest is obligated under Section 251(c)(3) of the Act to provide unbundled access or for which unbundled access is provided under this Agreement. Unbundled Network Elements do not include those Network Elements Qwest is obligated to provide only pursuant to Section 271 of the Act. Unbundled Network Element Platform" or "UNE-P" is a combination of Unbundled Network Elements as set forth in Section 9.23. UNE Combination" means a combination of two (2) or more Unbundled Network Elements that were or were not previously combined or connected in Qwest's network as required by the FCC the Commission or this Agreement. Virtual Collocation" shall have the meaning set forth in Sections 8.1 and 8. Issue No.3 B Qwest proposed: VNXX Traffic" is all traffic originated by the Qwest End User Customer that is not terminated to CLEC's End User Customer physically located within the same Qwest Local Calling Area (as approved by the state Commission) as the originating caller, regardless of the NPA-NXX dialed and, specifically, regardless of whether CLEC's End User Customer is assigned an NPA-NXX associated with a rate center in which the Qwest End User Customer is physically located. Level 3 proposed: VNXX Traffic shall include the following: ISP-bound VNXX traffic is telecommunications over which the FCC has exercised exclusive jurisdiction under Section 201 of the Act and to which traffic a compensation rate of $0.0007 / MOU applies. ISP-bound VNXX traffic uses geographically independent telephone numbers ("GITN"), and thus the telephone numbers associated with the calling and called parties may or may not bear NPA-NXX codes associated with the physical location of either party. This traffic typically originates on the PSTN and terminates to the Internet via an Internet Service Provider ("ISP" VolP VNXX traffic is telecommunications over which the FCC has exercised exclusive jurisdiction under Section 201 of the Act and to which traffic a compensation rate of $0.0007 / MOU applies. VolP VNXX traffic uses geographically independent telephone numbers ("GITN"), and thus the telephone numbers associated with the calling and calledparties mayor may not bear NPA-NXX codes associated with the physical location of eitherparty. Because VolP VNXX traffic originates on the Internet, the physical location of the calling Page 30 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions and called parties can change at any time. For example, VolP VNXX traffic presents billing situations where the (i) caller and called parties are physically located in the same ILEC retail (for purposes of offering circuit switched "local telephone service ) local calling area and the NPA-NXX codes associated with each party are associated with different ILEC LCAs; (ii) caller and called parties are physically located in the same ILEC retail (for purposes of offering circuit switched "local telephone service ) local calling area and the NPA-NXX codes associated with each party are associated with the same ILEC LCAs; (iii) caller and called parties are physically located in the different ILEC retail (for purposes of offering circuit switched "local telephone service ) local calling area and the NPA-NXX codes associated with each party are associated with same LEC LCAs; and (iv) caller and called parties are physically located in the different ILEC retail (for purposes of offering circuit switched "local telephone service ) local calling area and the NPA-NXX codes associated with each party are associated with different ILEC LCAs. Examples of VolP VNXX traffic include the Qwest "One Flex" service and Level 3's (3)VoIP Enhanced Local service. Circuit Switched VNXX traffic is traditional "telecommunications services associated with legacy circuit switched telecommunications providers, most of which built their networks under monopoly regulatory structures that evolved around the turn of the last century. Under this scenario, costs are apportioned according to the belief that bandwidth is scarce and transport expensive. The ILEC offers to a customer the ability to obtain a "local" service (as defined in the ILEC's retail tariff) by paying for dedicated transport between the physical location of the customer and the physical location of the NPA-NXX. Thus, this term entirely describes service offered by ILECs, but which cannot be offered by IP-based competitors as such networks do not dedicate facilities on an end-to-end basis. Issue No. 16 Qwest proposed: VoIP" (Voice over Internet Protocol) traffic is traffic that originates in Internet Protocol at the end user premises using IP-Telephone handsets, end user premises Internet Protocol (IP) adapters CPE-based Internet Protocol Telephone (lPT) Management "plug and play" hardware, IPT application management and monitoring hardware or such similar equipment and is transmitted over a broadband connection to the VolP provider. VolP is treated as an Information Service and is subject to interconnection and compensation rules and treatment accordingly under this Agreement based on the supposition that the VolP Provider Point of Presence ("POP") is an end user premise. Thus, CLEC is permitted to utilize LIS trunks to terminate VolP traffic under this Agreement only pursuant to the same rules that apply to traffic from all other end users including the requirement that the VolP Provider POP must be in the same Local Calling Area as the called party. Level 3 proposed: VoIP" (Voice over Internet Protocol) traffic is traffic that originates in Internet Protocol using IP- Telephone handsets, Internet Protocol (IP) adapters, CPE-based Internet Protocol Telephone (lPT) Management "plug and play" hardware , IPT application management and monitoring hardware or such similar equipment and is transmitted over a broadband connection to or from the VolP provider. Page 3 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 4 Definitions Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications Services provided to low-income subscribers, pursuant to requirements established by the Commission or the FCC. Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded scrapped or recycled , associated with activities CLEC or Qwest or their respective contractors or agents perform at Work Locations. It shall be presumed that all substances or materials associated with such activities , that are not in use or incorporated intostructures (including without limitation damaged components or tools, leftovers, containers garbage, scrap, residues or by products), except for substances and materials that CLEC Qwest or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. Waste shall not include substances, materials or components incorporated into structures (such as cable routes) even after such components or structure are no longer in current use. Wire Center" denotes a building or space within a building that serves as an aggregation point on a given Carrier s network, where transmission facilities are connected or switched. Wire Center can also denote a building where one or more Central Offices , used for the provision of Basic Exchange Telecommunications Services and Access Services, are located. Wired and Office Tested Date" or 'WOT" means the date by which all intraoffice wiring is completed , all plug-ins optioned and aligned , frame continuity established , and the interoffice facilities, if applicable, are tested. This includes the date that switching equipment, including translation loading, is installed and tested. Work Locations" means any real estate that CLEC or Qwest, as appropriate, owns, leases or licenses , or in which it holds easements or other rights to use, or does use, in connection with this Agreement. Terms not otherwise defined here but defined in the Act and the orders and the rules implementing the Act, shall have the meaning defined there. The definition of terms that are included here and are also defined in the Act, or its implementing orders or rules, are intended to include the definition as set forth in the Act and the rules implementing the Act. Page 32 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold...!I!!ill:rllne (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions Section 5.0 - TERMS AND CONDITIONS General Provisions ntentionally Left Blank. The Parties are each solely responsible for participation in and compliance with national network plans, including the National Network Security Plan and the Emergency Preparedness Plan. Neither Party shall use any service related to or use any of the services provided in this Agreement in any manner that interferes with other Persons in the use of their service prevents other Persons from using their service , or otherwise impairs the quality of service to other Carriers or to either Party s End User Customers. In addition, neither Party s provision of or use of services shall interfere with the services related to or provided under this Agreement. If such impairment is material and poses an immediate threat to the safety of either Party s employees Customers or the public or poses an immediate threat of a service interruption, that Party shall provide immediate notice by email to the other Party s designated representative(s) for the purposes of receiving such notification. Such notice shall include 1) identification of the impairment (including the basis for identifying the other Party facilities as the cause of the impairment), 2) date and location of the impairment, and 3) the proposed remedy for such impairment for any affected service. Either Party may discontinue the specific service that violates the provision or refuse to provide the same type of service if it reasonably appears that the particular service would cause similar harm , until the violation of this provision has been corrected to the reasonable satisfaction of that Party and the service shall be reinstituted as soon as reasonably possible. The Parties shall work cooperatively and in good faith to resolve their differences. In the event either Party disputes any action that the other Party seeks to take or has taken pursuant to this provision, that Party may pursue immediate resolution by the Commission or in accordance with Section 5., Dispute Resolution. If the impairment is service impacting but does not meet the parameters set forth in section 5., such as low level noise or other interference, the other Party shall provide written notice within five (5) calendar Days of such impairment to the other Party and such notice shall include the information set forth in subsection 5.1. The Parties shall work cooperatively and in good faith to resolve their differences. If the impairment has not been corrected or cannot be corrected within five (5) business days of receipt of the notice of non-compliance, the other Party may pursue immediate resolution by expedited or other Dispute Resolution. If either Party causes non-service impacting impairment the other Party shall provide written notice within fifteen (15) calendar Days of the impairment to the other Party and such notice shall include the information set forth in subsection 5. The Parties shall work cooperatively and in good faith to resolve their differences. If either Party fails to correct any such impairment within fifteen (15) calendar Days of written notice , or if such non-compliance cannot be corrected within fifteen (15) calendar Days of written notice of non-compliance, and if the impairing Party fails to take all appropriate steps to correct as soon as reasonably possible , the other Party may pursue immediate resolution by expedited or other Dispute Resolution. Page 33 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions 3.4 It is the responsibility of either Party to inform its End User Customers of service impacting impairment that may result in discontinuance of service as soon as the Party receives notice of same.1.4 Each Party is solely responsible for the services it provides to its End User Customers and to other Telecommunications Carriers. This provision is not intended to limit the liability of either Party for its failure to perform under this Agreement. The Parties shall work cooperatively to minimize fraud associated with third- number billed calls , calling card calls, and any other services related to this Agreement. Nothing in this Agreement shall prevent either Party from seeking to recover the costs and expenses, if any, it may incur in (a) complying with and implementing its obligations under this Agreement, the Act, and the rules, regulations and orders of the FCC and the Commission, and (b) the development, modification , technical installation and maintenance of any systems or other infrastructure which it requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing, Qwest shall not assess any charges against CLEC for services, facilities, Unbundled Network Elements, ancillary service and other related works or services covered by this Agreement unless the charges are expressly provided for in this Agreement. All services and capabilities currently provided hereunder (including resold Telecommunications Services, Unbundled Network Elements UNE combinations and ancillary services) and all new and additional services or Unbundled Network Elements to be provided hereunder, shall be priced accordance with all applicable provisions of the Act and the rules and order of the Federal Communications Commission and orders of the Commission. Term of Agreement This Agreement shall become effective on the date of Commission Approval. This Agreement shall be binding upon the Parties for a term of three (3) years and shall expire Upon expiration of the term of this Agreement, this Agreement shall continue in full force and effect until superseded by a successor agreement in accordance with this Section 2. Any Party may request negotiation of a successor agreement by written notice to the other Party no earlier than one hundred thirty five (135) Days prior to the expiration of the term or the Agreement shall renew on a month to month basis. The date of this notice will be the starting point for the negotiation window under section 252 of the Act. This Agreement will terminate on the date a successor agreement is approved by the Commission. Prior to the conclusion of the term specified above, CLEC may obtain Interconnection services under the terms and conditions of a then-existing SGAT or agreement to become effective at the conclusion of the term or prior to the conclusion of the term if CLEC so chooses. Proof of Authorization Each Party shall be responsible for obtaining and maintaining Proof of Authorization (POA) as required by applicable federal and state law, as amended from time to time. Page 34 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions The Parties shall make peAs available to each other upon request in the eventof an allegation of an unauthorized change in accordance with all Applicable Laws and rules and shall be subject to any penalties contained therein. Payment 5.4.Amounts payable under this Agreement are due and payable within thirty (30) calendar Days after the date of invoice, or within twenty (20) calendar Days after receipt of the invoice , whichever is later (payment due date). If the payment due date is not a business day,the payment shall be due the next business day. 5.4.One Party may discontinue processing orders for the services for which payment was not made in the affected state ("relevant services ), the failure of the other Party to make full payment for the relevant services, less any disputed amount as provided for in Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement within thirty (30) calendar Days following the payment due date. The Billing Party will notify the other Party in writing at least ten (10) business days prior to discontinuing the processing of orders for the relevant services. If the Billing Party does not refuse to accept additional orders for the relevant services on the date specified in the ten (10) business days notice, and the other Party s non-compliance continues, nothing contained herein shall preclude the Billing Party s right to refuse to accept additional orders for the relevant services from the non-complying Party withoutfurther notice. For order processing to resume , the billed Party will be required to make full payment of all charges for the relevant services not disputed in good faith under this Agreement. Additionally, the Billing Party may require a deposit (or additional deposit) from the billed Party, pursuant to this section. In addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief including injunctive relief and specific performance. 5.4.The Billing Party may disconnect any and all relevant services in an affected state for failure by the billed Party to make full payment, less any disputed amount as provided for in Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement within sixty (60) calendar Days following the payment due date. The billed Party will pay the applicable reconnect charge set forth in Exhibit A required to reconnect each resold End User Customer line disconnected pursuant to this paragraph. The Billing Party will notify the billed Party at least ten (10) business days prior to disconnection of the unpaid service(s). In case of such disconnection, all applicable undisputed charges , including termination charges, shall become due. If the Billing Party does not disconnect the billed Party s service(s) on the date specified in the ten (10) business days notice, and the billed Party s noncompliance continues nothing contained herein shall preclude the Billing Party s right to disconnect any or all relevant services of the non-complying Party without further notice. For reconnection of the non-paidservice to occur, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement for the relevant services. Additionally, the Billing Party will request a deposit (or recalculate the deposit) as specified in Section 5.4.5 and 5.4. from the billed Party, pursuant to this Section. Both Parties agree , however, that the application of this provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not apply to amounts billed during those three (3) cycles. In addition to other remedies that may be available at law or equity, each Party reserves the right to seek equitable relief including injunctive relief and specific performance.4.4 Should CLEC or Qwest dispute, in good faith , any portion of the nonrecurring charges or monthly Billing under this Agreement, the Parties will notify each other in writing Page 35 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions within fifteen (15) business Days following the payment due date identifying the amount, reasonand rationale of such dispute. At a minimum CLEC and Qwest shall pay all undisputed amounts due. Both CLEC and Qwest agree to expedite the investigation of any disputed amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating any other rights or remedies. 5.4.4.If a Party disputes charges and does not pay such charges by the payment due date , such charges may be subject to late payment charges. If the disputed charges have been withheld and the dispute is resolved in favor of the Billing Party, the withholding Party shall pay the disputed amount and applicable late payment charges no later than the second Bill Date following the resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the Billing Party shall credit the bill of the disputing Party for the amount of the disputed charges and any late payment charges that have been assessed no later than the second Bill Date after the resolution of the dispute. If a Party pays the disputed charges and the dispute is resolved in favor of the Billing Party, no further action is required. 5.4.4.If a Party pays the charges disputed at the time of payment or at any time thereafter pursuant to Section 5.4.4., and the dispute is resolved in favor of the disputing Party the Billing Party shall, no later than the second Bill Date after the resolution of the dispute: (1) credit the disputing Party s bill for the disputed amount and any associated interest or (2) pay the remaining amount to CLEC, if the disputed amount is greater than the bill to be credited. The interest calculated on the disputed amounts will be the same rate as late payment charges. In no event, however, shall any late payment charges be assessed on any previously assessed late payment charges. 5.4.4.If a Party fails to dispute a charge and discovers an error on a bill it has paid after the period set forth in section 5.4.4, the Party may dispute the bill at a later time through an informal process, through an Audit pursuant to the Audit provision of this Agreement , through the Dispute Resolution provision of this Agreement, or applicable state statutes or Commission rules. 5.4.Each Party will determine the other Party credit status based on previous payment history or credit reports such as Dun and Bradstreet. If a Party has not established satisfactory credit with the other Party according to the above provisions or the Party repeatedly delinquent in making its payments, or the Party is being reconnected after a disconnection of service or discontinuance of the processing of orders by the Billing Party due to a previous nonpayment situation , the Billing Party may require a deposit to be held as security for the payment of charges before the orders from the billed Party for services in the affected state will be provisioned and completed or before reconnection of the service. "Repeatedly delinquent" means any payment received thirty (30) calendar Days or more after the payment due date, three (3) or more times during a twelve (12) month period. The deposit may not exceed the estimated total monthly charges for the services in the affected state(s), for an average two (2) month period within the 1 st three (3) months for all services. The deposit may be a surety bond if allowed by the applicable Commission regulations, a letter of credit with terms and conditions acceptable to the Billing Party, or some other form of mutually acceptable security such as a cash deposit. Required deposits are due and payable within thirty (30) calendar Days after demand. Page 36 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions 5.4.Interest will be paid on cash deposits at the rate applying to deposits under applicable Commission regulations. Cash deposits and accrued interest will be credited to the billed Party s account or refunded, as appropriate, upon the earlier of the expiration of the term of the Agreement or the establishment of satisfactory credit with the Billing Party, which will generally be one full year of timely payments of undisputed amounts in full by the billed Party. Upon a material change in financial standing, the billed Party may request and the Billing Party will consider a recalculation of the deposit. The fact that a deposit has been made does not relieve CLEC from any requirements of this Agreement. 5.4.The Billing Party may review the other Party s credit standing and modify the amount of deposit required but in no event will the maximum amount exceed the amount stated in 5.4. 5.4.The late payment charge for amounts that are billed under this Agreement shall be in accordance with Commission requirements. 5.4.Each Party shall be responsible for notifying its End User Customers of any pending disconnection of a non-paid service by the billed Party, if necessary, to allow those Customers to make other arrangements for such non-paid services. Taxes Any federal, state , or local sales, use , excise, gross receipts, transaction or similar taxes , fees or surcharges resulting from the performance of this Agreement shall be borne by the Party upon which the obligation for payment is imposed under Applicable Law even if the obligation to collect and remit such taxes is placed upon the other Party. However where the selling Party is permitted by law to collect such taxes, fees or surcharges, from the purchasing Party, such taxes, fees or surcharges shall be borne by the Party purchasing the services. Each Party is responsible for any tax on its corporate existence , status or income. Whenever possible, these amounts shall be billed as a separate item on the invoice. To the extent a sale is claimed to be for resale tax exemption, the purchasing Party shall furnish the providing Party a proper resale tax exemption certificate as authorized or required by statute or regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption certificate is provided, no exemptions will be applied. If either Party (the Contesting Party) contests the application of any tax collected by the other Party (the Collecting Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting Party s challenge provided that the Contesting Party pays any costs incurred by the Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest provided that the Contesting Party is liable for and has paid the tax contested. Insurance Each Party shall at all times during the term of this Agreement, at its own cost and expense, carry and maintain the insurance coverage listed below with insurers having a Best'" rating of B+XIII with respect to liability arising from that Party s operations for which that Party has assumed legal responsibility in this Agreement. Each Party shall require its subcontractors and agents coming on to the premises to maintain the types of insurance coverage listed below with appropriate limits for the work being performed. 1 Workers' Compensation with statutory limits as required in the state of operation and Employers' Liability insurance with limits of not less than $100 000 each Page 37 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions accident. Commercial General Liability insurance covering claims for bodily injury, death , personal injury or property damage occurring or arising out of the use or occupancy of the premises, including coverage for premises-operations , products and/or completed operations and contractual liability with respect to the liability assumed by each Party hereunder. The limits of insurance shall not be less than $1 000 000 each occurrence and $2 000 000 general aggregate limit. Business automobile liability insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles with limits of not less than $1 000 000 per occurrence for bodily injury and property damage.1.4 Umbrella/Excess Liability insurance in an amount of $10 000 000 excess of Commercial General Liability insurance specified above. These limits may be obtained through any combination of primary and excess or umbrella liability insurance so long as the total limit is $11 000 000. Each Party will initially provide certificate(s) of insurance evidencing coverage and thereafter will provide such certificates upon request. Such certificates shall (1) name the other Party as an additional insured under commercial general liability coverage; (2) provide thirty (30) calendar Days prior written notice of cancellation of, material change or exclusions in the policy(s) to which certificate(s) relate; (3) indicate that coverage is primary and not excess , or contributory with , any other valid and collectible insurance purchased by the other Party; and (4) acknowledge severability of interest/cross liability coverage. Force Majeure Neither Party shall be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence including, without limitation , acts of nature, acts of civil or military authority, government regulations embargoes , epidemics , terrorist acts, riots, insurrections , fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts , volcanic action, other major environmental disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event). Inability to secure products or services of other Persons or transportation facilities or acts or omissions of transportation carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the Party s control and without that Party s fault or negligence. The Party affected by a Force Majeure Event shall give prompt notice to the other Party, shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. Limitation of Liability Each Party s liability to the other Party for any loss relating to or arising out of any act or omission in its performance under this Agreement, whether in contract, warranty, strict liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total amount that is or would have been charged to the other Party by such breaching Party for the service(s) or function(s) not performed or improperly performed. Each Party liability to the Page 38 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted ~evel3 Terms ~erline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions other Party for any other losses shall be limited to the total amounts charged to CLEC under this Agreement during the contract year in which the cause accrues or arises. Payments pursuant to Exhibit K and/or any similar measures imposed by FCC or Commission Order shall not be counted against the limit provided for in this Section. (See Colorado, Minnesota and South Dakota SGA Ts for state-specific Section Neither Party shall be liable to the other for indirect, incidental, consequential, or special damages, including (without limitation) damages for lost profits , lost revenues, lost savings suffered by the other Party regardless of the form of action, whether in contract warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless of whether the Parties know the possibility that such damages could result. If the Parties enter into a Performance Assurance Plan under this Agreement, nothing in this Section 5.2 or 5. shall limit amounts due and owing under any Performance Assurance Plan. (See Colorado, Minnesota and Washington SGA Ts for state-specific Section Intentionally Left Blank.8.4 Nothing contained in this Section shall limit either Party s liability to the other for (i) willful or intentional misconduct or (ii) damage to tangible real or personal property proximately caused solely by such Party s negligent act or omission or that of their respective agents, subcontractors, or employees. Nothing contained in this Section 5.shall limit either Party obligations of indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party s liability for failing to make any payment due under this Agreement. ntentionally Left Blank. Indemnity The Parties agree that unless otherwise specifically set forth in this Agreement the following constitute the sole indemnification obligations between and among the Parties: Each of the Parties agrees to release, indemnify, defend and hold harmless the other Party and each of its officers, directors, employees and agents (eachan Indemnitee) from and against and in respect of any loss, debt, liability, damage obligation, claim , demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated including, but not limited to, reasonable costs and expenses (including attorneys' fees), whether suffered , made, instituted, or asserted by any Person or entity, for invasion of privacy, bodily injury or death of any Person or Persons , or for loss , damage to, or destruction of tangible property, whether or not owned by others, resulting from the Indemnifying Party s breach of or failure to perform under this Agreement, regardless of the form of action , whether in contract, warranty, strict liability, or tort including (without limitation) negligence of any kind. In the case of claims or loss alleged or incurred by an End User Customer of either Party arising out of or in connection with services provided to the End User Customer by the Party, the Party whose End User Customer alleged or incurred such claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and Page 39 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions each of its officers, directors, employees and agents (collectively the Indemnified Party) against any and all such claims or loss by the Indemnifying Party s End User Customers regardless of whether the underlying service was provided or Unbundled Element was provisioned by the Indemnified Party, unless the loss was caused by the willful misconduct of the Indemnified Party. The obligation to indemnify with respect to claims of the Indemnifying Party s End User Customers shall not extend to any claims for physical bodily injury or death of any Person or persons, or for loss, damage to , or destruction of tangible property, whether or not owned by others, alleged to have resulted directly from the negligence or intentional conduct of the employees contractors, agents, or other representatives of the Indemnified Party. Reserved for Future Use.1.4 For purposes of Section 5.where the Parties have agreed to provision line sharing using a POTS Splitter: "End User Customer" means the DSL provider s End User Customer for claims relating to DSL and the voice service provider End User Customer for claims relating to voice service. The indemnification provided herein shall be conditioned upon: The Indemnified Party shall promptly notify the Indemnifying Party of any action taken against the Indemnified Party relating to the indemnification. Failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party s ability to defend such claim. If the Indemnifying Party wishes to defend against such action , it shall give written notice to the Indemnified Party of acceptance of the defense of such action. In such event , the Indemnifying Party shall have sole authority to defend any such action, including the selection of legal counsel, and the Indemnified Party may engage separate legal counsel only at its sole cost and expense. In the event that the Indemnifying Party does not accept the defense of the action , the Indemnified Party shall have the right to employ counsel for such defense at the expense of the Indemnifying Party. Each Party agrees to cooperate with the other Party in the defense of any such action and the relevant records of each Party shall be available to the other Party with respect to any such defense. In no event shall the Indemnifying Party settle or consent to any judgment pertaining to any such action without the prior written consent of the Indemnified Party. In the event the Indemnified Party withholds consent, the Indemnified Party may, at its cost, take over such defense, provided that, in such event, the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified Party against, any cost or liability in excess of such refused compromise or settlement. Intellectual Property 10.Except for a license to use any facilities or equipment (including software) solely for the purposes of this Agreement or to receive any service solely (a) as provided in this Agreement or (b) as specifically required by the then-applicable federal and state rules and regulations relating to Interconnection and access to Telecommunications facilities and services , nothing contained within this Agreement shall be construed as the grant of a license Page 40 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions either express or implied, with respect to any patent, copyright, trade name trade mark, service mark, trade secret , or other proprietary interest or intellectual property, now or hereafter owned controlled or licensable by either Party. Nothing in this Agreement shall be construed as the grant to the other Party of any rights or licenses to trade or service marks. 10.Subject to Section 5., each Party (the Indemnifying Party) shall indemnify and hold the other Party (the Indemnified Party) harmless from and against any loss, cost, expense or liability arising out of a claim that the use of facilities of the Indemnifying Party or services provided by the indemnifying Party provided or used pursuant to the terms of this Agreement misappropriates or otherwise violates the intellectual property rights of any third party. addition to being subject to the provisions of Section 5., the obligation for indemnification recited in this paragraph shall not extend to infringement which results from (a) any combination of the facilities or services of the Indemnifying Party with facilities or services of any other Person (including the Indemnified Party but excluding the Indemnifying Party and any of its Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b) any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at the request of the Indemnified Party and not required by the Indemnifying Party. In the event of any claim , the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified Party to continue to use the facility or service; or (b) replace or modify the facility or service to make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to obtain the right for continued use or to replace or modify the facility or service as provided in the preceding sentence and either (a) the facility or service is held to be infringing by a court of competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility or service will be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the Parties shall negotiate in good faith regarding reasonable modifications to this Agreement necessary to (1) mitigate damage or comply with an injunction which may result from such infringement or (2) allow cessation of further infringement. The Indemnifying Party may request that the Indemnified Party take steps to mitigate damages resulting from the infringement or alleged infringement including, but not limited to, accepting modifications to the facilities or services, and such request shall not be unreasonably denied. 10.To the extent required under applicable federal and state law, Qwest shall use its best efforts to obtain , from its vendors who have licensed intellectual property rights to Qwest in connection with facilities and services provided hereunder, licenses under such intellectual property rights as necessary for CLEC to use such facilities and services as contemplated hereunder and at least in the same manner used by Qwest for the facilities and services provided hereunder. Qwest shall notify CLEC immediately in the event that Qwest believes it has used its best efforts to obtain such rights, but has been unsuccessful in obtaining such rights. 10.Qwest covenants that it will not enter into any licensing agreements with respect to any Qwest facilities, equipment or services , including software , that contain provisions that would disqualify CLEC from using or interconnecting with such facilities equipment or services, including software, pursuant to the terms of this Agreement. Qwest warrants and further covenants that it has not and will not knowingly modify any existing license agreements for any network facilities , equipment or services, including software , in whole or in part for the purpose of disqualifying CLEC from using interconnecting with such facilities , equipment or services , including software, pursuant to the terms of this Agreement. To the extent that providers of facilities , equipment services or software in Qwest's network provide Qwest with indemnities covering intellectual property liabilities and those indemnities allow a flow-through of protection to Page 41 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ine (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions third parties, Qwest shall flow those indemnity protections through to CLEC. 10.4 Except as expressly provided in this Intellectual Property Section, nothing in this Agreement shall be construed as the grant of a license, either express or implied, with respect to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual property right now or hereafter owned , controlled or licensable by either Party. Neither Party may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual property rights of the other Party or its Affiliates without execution of a separate agreement between the Parties. 10.Neither Party shall without the express written permission of the other Party, state or imply that: 1) it is connected, or in any way affiliated with the other or its Affiliates; 2) it is part of a joint business association or any similar arrangement with the other or its Affiliates; 3) the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials, the resold goods and services are in any way associated with or originated from the other or any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully describing the Network Elements it uses to provide service to its End User Customers, provided it does not represent the Network Elements as originating from the other Party or its Affiliates in any marketing, advertising or promotional activities or materials. 10.For purposes of resale only and notwithstanding the above, unless otherwise prohibited by Qwest pursuant to an applicable provision herein , CLEC may use the phrase CLEC is a Reseller of Qwest Services" (the Authorized Phrase) in CLEC's printed materials provided: 10.The Authorized Phrase is not used in connection with any goods or services other than Qwest services resold by CLEC. 10.2 CLEC'use of the Authorized Phrase does not cause End User Customers to believe that CLEC is Qwest. 10.The Authorized Phrase , when displayed, appears only in text form (CLEC may not use the Qwest logo) with all letters being the same font and point size. The point size of the Authorized Phrase shall be no greater than one fourth the point size of the smallest use of CLEC's name and in no event shall exceed 8 point size. 10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to Qwest for its prior written approval. 10.If Qwest determines that CLEC's use of the Authorized Phrase causes End User Customer confusion, Qwest may immediately terminate CLEC's right to use the Authorized Phrase. 10.Upon termination of CLEC'right to use the Authorized Phrase or termination of this Agreement, all permission or right to use the Authorized Phrase shall immediately cease to exist and CLEC shall immediately cease any and all such use of the Authorized Phrase. CLEC shall either promptly return to Qwest or destroy all materials in its possession or control displaying the Authorized Phrase. Page 42 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions 10.Qwest and CLEC each recognize that nothing contained in this Agreement is intended as an assignment or grant to the other of any right, title or interest in or to the trademarks or service marks of the other (the Marks) and that this Agreement does not confer any right or license to grant sublicenses or permission to third parties to use the Marks of the other and is not assignable. Neither Party will do anything inconsistent with the other ownership of their respective Marks, and all rights , if any, that may be acquired by use of the Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other. 10.Upon request, for all intellectual property owned or controlled by a third party and licensed to Qwest associated with the Unbundled Network Elements provided by Qwest under this Agreement, either on the Effective Date or at any time during the term of the Agreement Qwest shall within ten (10) business days, unless there are extraordinary circumstances in which case Qwest will negotiate an agreed upon date, then disclose to CLEC in writing (i) the name of the Party owning, controlling or licensing such intellectual property, (ii) the facilities or equipment associated with such intellectual property, (iii) the nature of the intellectual property, and (iv) the relevant agreements or licenses governing Qwest's use of the intellectual property. Except to the extent Qwest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license within ten (10) business days of a request by CLEC , Qwest shall provide copies of any relevant agreements or licenses governing Qwest's use of the intellectual property to CLEC. To the extent Qwest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license Qwest shall immediately, within ten (10) business days (i) disclose so much of it as is not prohibited , and (ii) exercise best efforts to cause the vendor licensor or other beneficiary of the confidentiality provisions to agree to disclosure of the remaining portions under terms and conditions equivalent to those governing access by and disclosure to Qwest. Warranties 11.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE , AND THAT THERE DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS " WITH ALL FAUL TS. 12 Assignment 12.Neither Party may assign or transfer (whether by operation of law or otherwise) this Agreement (or any rights or obligations hereunder) to a third party without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer this Agreement to a corporate Affiliate or an entity under its common control; without the consent of the other Party, provided that the performance of this Agreement by any such assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not permitted is void ab initio . Without limiting the generality of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors and assigns. (See Minnesota SGA for state-specfic Section 5. 12. Page 43 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~erline (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions 12.In the event that Qwest transfers to any unaffiliated party exchanges including End User Customers that CLEC serves in whole or in part through facilities or services provided by Qwest under this Agreement, the transferee shall be deemed a successor to Qwest's responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of such transfer or until such later time as the Commission may direct pursuant to the Commission s then applicable statutory authority to impose such responsibilities either as a condition of the transfer or under such other state statutory authority as may give it such power. In the event of such a proposed transfer, Qwest shall use its best efforts to facilitate discussions between CLEC and the transferee with respect to transferee s assumption of Qwest's obligations pursuant to the terms of this Agreement. (See Arizona, Iowa, Montana, North Dakota and Washington SGA Ts for state-specific Section 12. 12.Nothing in this section is intended to restrict CLEC'rights to opt into interconnection agreements under S 252 of the Act. Default 13.If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement, and such default or violation shall continue for thirty (30) calendar Days after written notice thereof, the other Party may seek relief in accordance with the Dispute Resolution provision of this Agreement. The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision but the same shall, nevertheless, be and remain in full force and effect. (See Minnesota SGA for state-specific Section 13. Disclaimer of Agency 14.Except for provisions herein expressly authorizing a Party to act for another nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind , express or implied, against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party whether regulatory or contractual , or to assume any responsibility for the management of the other Party s business. Severability 15.In the event that anyone or more of the provisions contained herein shall for any reason be held to be unenforceable or invalid in any respect under law or regulation , the Parties will negotiate in good faith for replacement language as set forth herein. If any part of this Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will affect only the portion of this Agreement which is invalid or unenforceable. In all other respects, this Agreement will stand as if such invalid or unenforceable provision had not been a part hereof, and the remainder of this Agreement shall remain in full force and effect. (See Minnesota SGA for state-specific Section 15. Page 44 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo!!!..l!n!!erline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions Nondisclosure 16.All information , including but not limited to specifications, microfilm, photocopies magnetic disks , magnetic tapes, drawings, sketches, models , samples, tools, technical information, data, employee records, maps , financial reports, and market data, (i) furnished byone Party to the other Party dealing with business or marketing plans , End User Customer specific facility specific, or usage specific information, other than End User Customer information communicated for the purpose of providing Directory Assistance or publication of directory database , or (ii) in written, graphic, electromagnetic, or other tangible form and marked at the time of delivery as "Confidential" or "Proprietary , or (iii) communicated and declared to the receiving Party at the time of delivery, or by written notice given to the receiving Party within ten (10) calendar Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as "Proprietary Information ), shall remain the property of the disclosing Party. A Party who receives Proprietary Information via an oral communication may request written confirmation that the material is Proprietary Information. A Party who delivers Proprietary Information via an oral communication may request written confirmation that the Party receiving the information understands that the material is Proprietary Information. Each Party shall have the right to correct an inadvertent failure to identify information as Proprietary Information by giving written notification within thirty (30) Days after the information is disclosed. The receiving Party shall from that time forward, treat such information as Proprietary Information. To the extent permitted by Applicable Law, either Party may disclose to the other proprietary or confidential customer, technical or business information. 16.Upon request by the disclosing Pearty, the receiving Party shall return all tangible copies of Proprietary Information, whether written, graphic or otherwise , except that the receiving Party may retain one copy for archival purposes. 16.Each Party shall keep all of the other Party s Proprietary Information confidential and will disclose it on a need to know basis only. Each Party shall use the other Party Proprietary Information only in connection with this Agreement and in accordance with Applicable Law, including but not limited to, 47 U.C. 9 222. In accordance with Section 222 of the Act, when either Party receives or obtains Proprietary Information from the other Party for purposes of providing any Telecommunications Services , that Party shall use such information only for such purpose, and shall not use such information for its own marketing efforts. Neither Party shall use the other Party s Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. Violations of these obligations shall subject a Party s employees to disciplinary action up to and including termination of employment. If either Party loses, or makes an unauthorized disclosure of, the other Party Proprietary Information it will notify such other Party immediately and use reasonable efforts to retrieve the information. Each Party will use the same standard of care to protect Proprietary Information as it would use to protect its own information of a confidential or proprietary nature. 16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth in this Agreement do not apply to such Proprietary Information as:a) was at the time of receipt already known to the receiving Party free of any obligation to keep it confidential evidenced by written records prepared prior to delivery by the disclosing Party; or is or becomes publicly known through no wrongful act of the receiving Party; or Page 45 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditionsc) is rightfully received from a third Person having no direct or indirect secrecy or confidentiality obligation to the disclosing Party with respect to such information; ord) is independently developed by an employee, agent, or contractor of the receiving Party which individual is not involved in any manner with the provision of services pursuant to the Agreement and does not have any direct or indirect access to the Proprietary Information; ore) is disclosed to a third Person by the disclosing Party without similar restrictions on such third Person s rights; or is approved for release by written authorization of the disclosing Party; or g) is required to be disclosed by the receiving Party pursuant to Applicable Law or regulation provided that the receiving Party shall give sufficient notice of the requirement to the disclosing Party to enable the disclosing Party to seek protective orders. 16.Nothing herein is intended to prohibit a Party from supplying factual information about its network and Telecommunications Services on or connected to its network to regulatory agencies including the Federal Communications Commission and the Commission so long as any confidential obligation is protected. In addition either Party shall have the right to disclose Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the Department of Justice or any court in the conduct of any proceeding arising under or relating in any way to this Agreement or the conduct of either Party in connection with this Agreement including without limitation the approval of this Agreement arbitration of successor agreement, or in any proceedings concerning the provision of InterLATA services by Qwest that are or may be required by the Act. The Parties agree to cooperate with each other in order toseek appropriate protection or treatment of such Proprietary Information pursuant to appropriate protective order in any such proceeding. 16.Effective Date of this Section. Notwithstanding any other provision of this Agreement , the Proprietary Information provisions of this Agreement shall apply to all information furnished by either Party to the other in furtherance of the purpose of this Agreement, even if furnished before the Effective Date. 16.Each Party agrees that the disclosing Party could be irreparably injured by a breach of the confidentiality obligations of this Agreement by the receiving Party or its representatives and that the disclosing Party shall be entitled to seek equitable relief, including injunctive relief and specific performance in the event of any breach of the confidentiality provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach of the confidentiality provisions of this Agreement , but shall be in addition to all other remedies available at law or in equity. 16.Nothing herein should be construed as limiting either Party s rights with respect to its own Proprietary Information or its obligations with respect to the other Party s Proprietary nformation under Section 222 of the Act. 16.Forecasts provided by either Party to the other Party shall be deemed Confidential Information and the Parties may not distribute, disclose or reveal, in any form , this material other than as allowed and described in subsections 5.16.1 and 5.16. Page 46 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in !!2!!!..!IlliIerline (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions 16.The Parties may disclose , on a need to know basis only, CLEC individual forecasts and forecasting information disclosed by Qwest, to Qwest's legal personnel in connection with their representation of Qwest in any dispute regarding the quality or timeliness of the forecast as it relates to any reason for which CLEC provided it to Qwest under this Agreement, as well as to CLEC's wholesale account managers, wholesale LIS and Collocation product managers, network and growth planning personnel responsible for preparing or responding to such forecasts or forecasting information. In no case shall retail marketing, sales or strategic planning have access to this forecasting information.The Parties will inform all of the aforementioned personnel with access to such Confidential Information , of its confidential nature and will require personnel to execute a nondisclosure agreement which states that, upon threat of termination, theaforementioned personnel may not reveal or discuss such information with those not authorized to receive it except as specifically authorized by law. Violations of these requirements shall subject the personnel to disciplinary action up to and including termination of employment. 16.Upon the specific order of the Commission , Qwest may provide the forecast information that CLEC has made available to Qwest under this Agreement, provided that Qwest shall first initiate any procedures necessary to protect the confidentiality and to prevent the public release of the information pending any applicable Commission procedures and further provided that Qwest provides such notice as the Commission directs to CLEC involved, in order to allow it to prosecute such procedures to their completion. (See Arizona SGATfor state-specific section 16. 16.The Parties shall maintain confidential forecasting information in securefiles and locations such that access to the forecasts is limited to the personneldesignated in subsection 5.16.1 above and such that no other personnel have computer access to such information. (See Minnesota SGA for state-specific Section 5.16.10) Survival 17.Any liabilities or obligations of a Party for acts or omissions prior to the termination of this Agreement, and any obligation of a Party under the provisions regarding indemnification, Confidential or Proprietary Information , limitations of liability, and any other provisions of this Agreement which , by their terms, are contemplated to survive (or to be performed after) termination of this Agreement, shall survive cancellation or termination hereof. Dispute Resolution 18.If any claim , controversy or dispute between the Parties, their agents employees, officers, directors or affiliated agents should arise, and the Parties do not resolve it in the ordinary course of their dealings (the "Dispute ), then it shall be resolved in accordance with this Section. Each notice of default, unless cured within the applicable cure period , shall beresolved in accordance herewith. Dispute resolution under the procedures provided in this Section 5.18 shall be the preferred , but not the exclusive remedy for all disputes between Qwest and CLEC arising out of this Agreement or its breach. Each Party reserves its rights to resort to the Commission or to a court, agency, or regulatory authority of competent jurisdiction. Nothing Page 47 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions in this Section 5.18 shall limit the right of either Qwest or CLEC, upon meeting the requisite showing, to obtain provisional remedies (including injunctive relief) from a court before , during orafter the pendancy of any arbitration proceeding brought pursuant to this Section 5.18. However once a decision is reached by the arbitrator, such decision shall supersede any provisional remedy. 18.At the written request of either Party (the Resolution Request), and prior to any other formal dispute resolution proceedings, each Party shall within seven (7) calendar Days after such Resolution Request designate a vice-presidential level employee or a representative with authority to make commitments to review, meet, and negotiate, in good faith, to resolve theDispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives , and the locations, format, frequency, duration, and conclusions of these discussions shall be at the discretion of the representatives. By mutual agreement, the representatives may use other procedures, such as mediation, to assist in these negotiations.The discussions and correspondence among the representatives for the purposes of these negotiations shall be treated as Confidential Information developed for purposes of settlementand shall be exempt from discovery and production, and shall not be admissible in any subsequent arbitration or other proceedings without the concurrence of both of the Parties. 18.If the vice-presidential level representatives or the designated representative with authority to make commitments have not reached a resolution of the Dispute within fifteen (15) calendar Days after the Resolution Request (or such longer period as agreed to in writing by the Parties), or if either Party fails to designate such vice-presidential level representative or their representative with authority to make commitments within seven (7) calendar Days after the date of the Resolution Request, then either Party may request that the Dispute be settled by arbitration. Notwithstanding the foregoing, a Party may request that the Dispute be settled by arbitration two (2) calendar Days after the Resolution Request pursuant to the terms of Section 18.1. In any case, the arbitration proceeding shall be conducted by a single arbitrator knowledgeable about the Telecommunications industry unless the Dispute involves amounts exceeding five million ($5 000 000) in which case the proceeding shall be conducted by a panel of three (3) arbitrators, knowledgeable about the Telecommunications industry. The arbitration proceedings shall be conducted under the then-current rules for commercial disputes of the American Arbitration Association (AAA) or J.S.lEndispute, at the election of the Party that initiates dispute resolution under this Section 5.18. Such rules and procedures shall apply notwithstanding any part of such rules that may limit their availability for resolution of a Dispute. The Federal Arbitration Act, 9 U.C. Sections 1-, not state law, shall govern the arbitrability of the Dispute. The arbitrator shall not have authority to award punitive damages. The arbitrator s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each Party shall bear its own costs and attorneys' fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration proceedings shall occur in the Denver Colorado metropolitan area or in another mutually agreeable location. It is acknowledged that the Parties , by mutual , written agreement , may change any of these arbitration practices for a particular, some, or all Dispute(s). The Party which sends the Resolution Request must notify the Secretary of the Commission of the arbitration proceeding within forty-eight (48) hours of the determination to arbitrate. (See Montana SGA for state-specific Section 18. 18.All expedited procedures prescribed by the AAA or J.S.lEndispute rules, as the case may be, shall apply to Disputes affecting the ability of a Party to provide uninterrupted , high quality services to its End User Customers, or as otherwise Page 48 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions called for in this Agreement. A Party may seek expedited resolution of a Dispute if the vice-presidential level representative, or other representative with authority to make commitments, have not reached a resolution of the Dispute within two (2) calendar Days after the Resolution Request. In the event the Parties do not agree that a service affecting Dispute exists, the Dispute resolution shall commence under the expedited process set forth in this Section 5.18., however, the first matter to be addressed the arbitrator shall be the applicability of such process to such Dispute. 18.There shall be no discovery except for the exchange of documents deemed necessary by the arbitrator to an understanding and determination of the Dispute. Qwest and CLEC shall attempt, in good faith , to agree on a plan for such document discovery. Should they fail to agree, either Qwest or CLEC may request a joint meeting or conference call with the arbitrator. The arbitrator shall resolve any Disputes between Qwest and CLEC, and such resolution with respect to the need scope, manner, and timing of discovery shall be final and binding. 18.Arbitrator s Decision 18.The arbitrator s decision and award shall be in writing and shall state concisely the reasons for the award , including the arbitrator s findings of fact and conclusions of law. 18.An interlocutory decision and award of the arbitrator granting or denying an application for preliminary injunctive relief may be challenged in a forum of competent jurisdiction immediately, but no later than ten (10) businessdays after the appellant'receipt of the decision challenged. During the pendency of any such challenge , any injunction ordered by the arbitrator shall remain in effect, but the enjoined Party may make an application to the arbitrator for appropriate security for the payment of such costs and damages as may be incurred or suffered by it if it is found to have been wrongfully enjoined , if such security has not previously been ordered. If the authority of competent jurisdiction determines that it will review a decision granting or denying an application for preliminary injunctive relief, such review shall be conducted on an expedited basis. 18.3.4 To the extent that any information or materials disclosed in the course of an arbitration proceeding contain proprietary, trade secret or Confidential Information of either Party, it shall be safeguarded in accordance with Section 5.16 of this Agreement or if the Parties mutually agree, such other appropriate agreement for the protection of proprietary, trade secret or Confidential Information that the Parties negotiate. However nothing in such negotiated agreement shall be construed to prevent either Party from disclosing the other Party information to the arbitrator in connection with or anticipation of an arbitration proceeding, provided , however, that the Party seeking to disclose the information shall first provide fifteen (15) calendar Days notice to the disclosing Party so that that Party, with the cooperation of the other Party, may seek a protective order from the arbitrator. Except as the Parties otherwise agree, or as the arbitrator for good cause orders, the arbitration proceedings , including hearings, briefs orders, pleadings and discovery shall not be deemed confidential and may be disclosed at the discretion of either Party, unless it is subject to being safeguarded as proprietary, trade secret or Confidential Information , in which event the procedures for disclosure of such information shall apply. Page 49 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions 18.4 Should it become necessary to resort to court proceedings to enforce a Party compliance with the dispute resolution process set forth herein , and the court directs or otherwise requires compliance herewith , then all of the costs and expenses, including its reasonable attorney fees, incurred by the Party requesting such enforcement shall be reimbursed by the non-complying Party to the requesting Party. 18.No Dispute, regardless of the form of action, arising out of this Agreement, may be brought by either Party more than two (2) years after the cause of action accrues. 18.Nothing in this Section is intended to divest or limit the jurisdiction and authority of the Commission or the FCC as provided by state and federal law. 18.In the event of a conflict between this Agreement and the rules prescribed by the AAA or J.S.lEndispute, this Agreement shall be controlling. 18.This Section does not apply to any claim , controversy or Dispute between the Parties, their agents , employees, officers, directors or affiliated agents concerning the misappropriation of use of intellectual property rights of a Party, including, but not limited to, the use of the trademark, tradename , trade dress or service mark of a Party. (See Minnesota SGA for state-specific 18. Controlling Law 19.This Agreement is offered by Qwest and accepted by CLEC in accordance with applicable federal law and the state law of (Insert State Name). It shall be interpreted solely in accordance with applicable federal law and the state law of (Insert State Name). Responsibility for Environmental Contamination 20.Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers directors and employees from and against any losses, damages , claims, demands, suits liabilities , fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 20.In the event any suspect materials within Qwest-owned , operated or leased facilities are identified to be asbestos containing, CLEC and Qwest will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such activities will be in accordance with applicable local , state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material , CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for or in connection with, any asbestos-containing material. Qwest agrees to immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations including, but not limited to contamination of equipment. Page 50 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions Notices 21.Any notices required by or concerning this Agreement shall be in writing and shall be sufficiently given if delivered personally, delivered by prepaid overnight express service or sent by certified mail , return receipt requested, or by email where specified in this Agreement to Qwest and CLEC at the addresses shown below: Qwest Corporation Director-Interconnection Agreements 1801 California, Room 2420 Denver, CO 80202 Phone: 303-965-3029 Fax: 303-896-7077 Email- intagree~qwest.com With copy to: Qwest Law Department Attn: Corporate Counsel , Interconnection 1801 California Street, 9th Floor Denver, CO 80202 and to CLEC at the address shown below: Level 3 Communications, LLC Director - Interconnection Services 1025 Eldorado Blvd. Broomfield, CO 80021 Email: Phone: 720-888-1000 Fax If personal delivery is selected to give notice, a receipt acknowledging such delivery must be obtained. Each Party shall inform the other of any change in the above contact Person and/or address using the method of notice called for in this Section 5.21. Responsibility of Each Party 22.Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction , compensation and discharge of all employees assisting in the performance of such obligations. Each Party will be solely responsible for all matters relating to payment of such employees, including compliance with social security taxes, withholding taxes and all other regulations governing such matters. Each Party will be solely responsible for proper handling, storage, transport and disposal at its own expense of all (i) substances or materials that it or its contractors or agents bring to, create or assume control over at Work Locations, and (ii) Waste resulting therefrom or otherwise generated in connection with its or its contractors' or agents ' activities at the Work Locations. Subject to the limitations on liability and except as otherwise provided in this Agreement, each Party shall be responsible for (i) its own acts and performance of all obligations imposed by Applicable Law in connection with its activities, legal status and property, real or personal , and (ii) the acts of its own Affiliates, employees, agents and contractors during the performance of that Party s obligations hereunder. Page 51 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions No Third Party Beneficiaries 23.The provisions of this Agreement are for the benefit of the Parties and not for any other Person. This Agreement will not provide any Person not a Party to this Agreement with any remedy, claim, liability, reimbursement, claim of action, or other right in excess of those existing by reference in this Agreement. (See Minnesota SGA for state-specific Section 23. 24 Reserved for Future Use 24.Reserved for Future Use. Publicity 25.Neither Party shall publish or use any publicity materials with respect to the execution and delivery or existence of this Agreement for commercial purposes without the prior written approval of the other Party. Nothing in this section shall limit a Party s ability to issue public statements with respect to regulatory or judicial proceedings. Executed in Counterparts 26.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original; but such counterparts shall together constitute one and the same instrument. Compliance 27.Each Party shall comply with all applicable federal , state, and local laws, rulesand regulations applicable to its performance under this Agreement. Without limiting the foregoing, Qwest and CLEC agree to keep and maintain in full force and effect all permits licenses, certificates, and other authorities needed to perform their respective obligations hereunder. (See Minnesota SGA for state-specific Section 27. 28 Compliance with the Communications Assistance Law Enforcement Act of 1994 28.Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. Each Party shall indemnify and hold the other Party harmless from any and all penalties imposed upon the other Party for such noncompliance and shall at the non-compliant Party s sole cost and expense modify or replace any equipment, facilities or services provided to the other Party under this Agreement to ensure that such equipment, facilities and services fully comply with CALEA. Cooperation 29.The Parties agree to work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance, Provisioning and Billing and in reasonably Page 52 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 5 Terms and Conditions resolving issues which result from such implementation on a timely basis. Electronic processes and procedures are addressed in Section 12 of this Agreement. 30 Amendments 30.Either Party may request an amendment to this Agreement at any time by providing to the other Party in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment within sixty (60) calendar Days after receipt of the request, either Party may pursue resolution of the amendment through the Dispute Resolution provisions in Section 5.18 of this Agreement. (See Minnesota SGA for state-specific Section 5.30. 30.Intentionally Left Blank. 30.The provisions of this Agreement, including the provisions of this sentence, maynot be amended , modified or supplemented, and waivers or consents to departures from theprovisions of this Agreement may not be given without the written consent thereto by bothParties' authorized representative. No waiver by any party of any default, misrepresentation , or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extendto any prior or subsequent default, misrepresentation , or breach of warranty or covenanthereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Agreement 31.This Agreement (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Agreement and supersedes any prior understandings, agreements, or representations by or between the Parties , written or oral , to the extent they relate in any way to the subjects of this Agreement. Page 53 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDose4 bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale Section 6.0 - RESALE Description Qwest shall offer for resale at wholesale rates any Telecommunications Services that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the terms and conditions of this Section. All Qwest retail Telecommunications Services are available for resale from Qwest pursuant to the Act and will include terms and conditions (except prices) in Qwest's applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. While this Section 6.0 of this Agreement addresses the provision of certain Qwest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is required to provide its Telecommunications Services to Qwest for resale by Qwest. Upon request by Qwest, CLEC shall make its Telecommunications Services available to Qwest for resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC' relevant orders and rules, and the Commission s relevant orders and rules. Certain Qwest services are not available for resale under this Agreement, as noted in Section 6.2. The applicable discounts for services available for resale are identified in Exhibit A. Terms and Conditions Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC' location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6. Promotional offerings of ninety (90) days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) day or less promotion period following the initial ninety (90) day or less promotion period , then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. Market trials of ninety (90) days or less are not available for resale. Residential services and Lifeline/Link-up services are available only to the same class of End User Customers eligible to purchase these services from Qwest.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Page 54 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 5 Non-Telecommunications Services such maintenance, calling cards and CPE , are not available for resale. inside wiring and (See Minnesota and Wyoming SGA Ts for state-specific Section 6. Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. (See North Dakota SGA for state-specific Section 6. Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs , catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. (See Arizona, Colorado Minnesota Washington and Oregon SGA Ts for state- specific Section Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans , feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least Page 55 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale one (1) location and may provide station lines to multiple locations. Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities , typically in a basement equipment room , which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location , CLEC will not becharged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as a CLEC location for the termination of Centrex station lines. (See Washington SGA for state-specific Section 10 Private line service used for Special Access is available for resale but not at a discount.11 Megabit Services available to end users are available for resale out of Qwest's interstate tariff at the discount rates set forth in Exhibit 12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such , and CLEC will pay Qwest retail prices for such services. Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates , other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC , subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan , and further subject to the following provisions: Qwest shall provide service credits to CLEC for resold services accordance with the Commission s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: Qwest's service credits to CLEC shall be subject to the wholesale Page 56 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale discount; (See Arizona SGA for state-specific Section b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; ntentionally Left Blank. (See Arizona and Colorado SGA Ts for state-specific Section 6.1c) ntentionally Left Blank. (See Arizona and Colorado SGATs for state-specific Section 6.1d)e) In no case shall Qwest's credits to CLEC exceed the amount Qwest would pay a Qwest End User Customer under the service quality requirements less any wholesale discount applicable to CLEC's resold services; and (See Arizona, Washington and Colorado SGA Ts for state-specific Section 1enf) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. Fines and Penalties - Qwest shall be liable to pay to CLEC fines and penalties for resold services in accordance with the Commission retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following:a) Qwest's fines and penalties paid to CLEC shall be subject to the wholesale discount; (See Arizona, Colorado, and Washington SGA Ts for state-specificSection 2a)b) Qwest shall only be liable to provide fines and penalties in accordance with the resold services provided to CLEC. Qwest is not required to pay fines and penalties for service failures that are the fault of CLEC;c) Qwest shall not be liable to provide fines and penalties to CLEC if CLEC is not subject to the Commission s fine and penalty requirements for service quality;d) In no case shall Qwest's fines and penalties to CLEC exceed the amount Qwest would pay the Commission under the service quality plan; and ( See Colorado, Iowa, Oregon, Washington and Minnesota SGA Ts for state- specfic Section 6.2dj In no case shall Qwest be required to provide duplicate reimbursement Page 57 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale or payment to CLEC for any service quality failure incident.2.4 In the event that there are existing agreements between CLEC and Qwest for resale under Qwest retail Tariff discounts, CLEC may elect to continue to obtain services for resale under the existing agreements and retail Tariff discounts, or CLEC may elect to terminate such existing agreements and obtain such services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement will apply. Reserved for Future Use. The Parties may not reserve blocks of telephone numbers except as allowed by Applicable Law or regulation. Qwest will accept at no charge one primary white pages Directory Listing for each main telephone number belonging to CLEC's End User Customer based on End User Customer information provided to Qwest by CLEC. Qwest will place CLEC's End User Customer s listings in Qwest's Directory Assistance Database and will include such listings in Qwest's Directory Assistance Service. Additional terms and conditions with respect to Directory Listings are described in the Ancillary Services Section and the Qwest Dex Section of this Agreement. Qwest shall provide to CLEC, for CLEC's End User Customers, E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Qwest shall not be responsible for any failure of CLEC to provide accurate End User Customer information for listings in any databases in which Qwest is required to retain and/or maintain such information. Qwest shall provide CLEC's End User Customer information to the Automatic Location Identification/Database Management System (ALI/DMS). Qwest shall use its standard process to update and maintain CLEC's End User Customer service information in the ALI/DMS used to support E911/911 services on the same schedule that it uses for its retail End User Customers. Qwest assumes no liability for the accuracy of information provided by CLEC. If Qwest provides and CLEC accepts Qwest's Directory Assistance Service or operator services for CLEC's resold local Exchange Service lines , such directory assistance and operator services may be provided with branding as provided in this Agreement in Sections 10. for Directory Assistance Service , and 10.7 for operator services.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its End User Customers for InterLATA and IntraLATA services. CLEC and Qwest shall follow all Applicable Laws, rules and regulations with respect to PIC changes. Qwest shall disclaim any liability for CLEC's improper InterLATA and IntraLATA PIC change requests, and CLEC shall disclaim any liability for Qwest's improper InterLATA (when applicable) and IntraLATA PIC change requests.11 When End User Customers switch from Qwest to CLEC, or to CLEC from any other Reseller and if they do not change their service address to an address served by a different Central Office , such End User Customers shall be permitted to retain their current telephone numbers if they so desire.12 In the event Qwest properly terminates the Provisioning of any resold services to CLEC for any reason, CLEC shall be responsible for providing any and all necessary notice to Page 58 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale 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 will provide notice to CLEC of Qwest's termination of a resold service on a timely basis consistent with Commission rules and notice requirements.13 The underlying network provider of a resold service shall be entitled to receive from the purchaser of Switched Access, the appropriate access charges pursuant to its then effective Switched Access Tariff.14 Resold services are available where facilities currently exist and are capable of providing such services without construction of additional facilities or enhancement of existing facilities. However, if CLEC requests that facilities be constructed or enhanced to provide resold services, Qwest will construct facilities to the extent necessary to satisfy its obligations to provide basic local Exchange Service as set forth in Qwest's retail Tariff and Commission rules. Under such circumstances Qwest will develop and provide to CLEC a price quote for the construction. Construction charges associated with resold services will be applied in the same manner that construction charges apply to Qwest retail End User Customers. If the quote is accepted by CLEC , CLEC will be billed the quoted price and construction will commence after receipt of payment. (See Montana SGA Ts for state-specfic Section 14) Rates and Charges Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tariff price list catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are subject to Commission-approved change, and any such changes shall apply from the effective date of such change on a going-forward basis only. The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to CLEC. A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End User Customers, will continue to be paid by CLEC without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Tariffs also apply.3.4 CLEC will pay to Qwest the Primary Interexchange Carrier (PIC) change charge without discount for CLEC End User Customer changes of Interexchange or IntraLATA Carriers. Any change in CLEC's End User Customer s Interexchange or IntraLA T A Carrier must be requested by CLEC on behalf of its End User Customer, and Qwest will not accept changes to CLEC's End User Customer s Interexchange or IntraLATA Carrier(s) from anyone other than CLEC. CLEC agrees to pay Qwest when its End User Customer activates any services or features that are billed on a per use or per activation basis (e., continuous redial , last call return , call back calling, call trace) subject to the applicable discount in Exhibit A as such may Page 59 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale be amended pursuant to this Section. With respect to all such charges, Qwest shall provide CLEC with sufficient information to enable CLEC to bill its End User Customers. Miscellaneous charges applicable to services ordered for resale by CLEC will apply if such Miscellaneous charges apply for equivalent services ordered by Qwest retail End User Customers , except that CLEC will receive any applicable wholesale discount. Such miscellaneous charges include charges listed in the applicable Tariff. If the Commission orders additional services to be available for resale, Qwest will revise Exhibit A to incorporate the services added by such order into this Agreement, effective on the date ordered by the Commission. If the Commission indicates those additional services must be available for resale at wholesale discount rates , those additional services will be added to this Agreement at the original Agreement wholesale discount rate. Qwest shall timely bill new or changed Commission-ordered resale rates charges using the effective date for such rates or charges as ordered by the Commission. If Qwest bills CLEC amounts different from new or changed rates or charges after the effectivedate of such rates or charges Qwest shall make appropriate bill adjustments or provide appropriate bill credits on CLEC's bill(s). If rates for services resold by CLEC under this Agreement change, based onchanges in Qwest's Tariffs, catalogs , price lists or other retail Telecommunications Services offerings, charges billed to CLEC for such services will be based upon the new Tariff, catalogs price lists, or other retail Telecommunications Services offerings rates less the applicable wholesale discount, if any, as agreed to herein or as established by Commission order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings.10 Product-specific nonrecurring charges as set forth in Qwest's applicable Tariffs catalogs, price lists, or other retail Telecommunications Services offerings will apply when new or additional resold services are ordered and installed at CLEC's request for use by CLEC's End User Customers. Such nonrecurring charges will be subject to the wholesale discount, if any, that applies to the underlying service being added or changed. Ordering Process 6.4.1 CLEC, or CLEC's agent, shall act as the single point of contact for its End User Customer s 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's End User Customers contacting Qwest in error will be instructed to contact CLEC; and Qwest's End User Customers contacting CLEC in error will be instructed to contact Qwest. In 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. (See Colorado and Washington SGA Ts for state-specfic Section Page 60 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale 6.4.CLEC shall transmit to Qwest all information necessary for the ordering (Billing, listing and other information), installation , repair maintenance and post-installation servicing according to Qwest's standard procedures , as described in the Qwest Product Catalog (PCA available on Qwest's public web site located at http://www.Qwest.com/wholesale/pcat.Information shall be provided using Qwest's designated Local Service Request (LSR) format which may include the LSR, End User Customer and resale forms. 6.4.Qwest will use the same performance standards and criteria for installation Provisioning, maintenance, and repair of services provided to CLEC for resale under this Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest retail End User Customers. The installation , Provisioning, maintenance, and repair processes for CLEC's resale service requests are detailed in the Support Functions Section of this Agreement, and are applicable whether CLEC's resale service requests are submitted via Operational Support System or by facsimile. 6.4.4 CLEC is responsible for providing to Qwest complete and accurate End User Customer listing information including initial and updated information for Directory Assistance Service , white pages directories, and E911/911 Emergency Services. The ancillary services Section of this Agreement contains complete terms and conditions for listings for Directory Assistance Services, white pages directories , and E911/911 Emergency Services. 6.4.If Qwest's retail End User Customer, or the End User Customer s New Service provider orders the discontinuance of the End User Customer existing Qwest service , in anticipation of End User Customer moving to a New Service provider, Qwest will render its closing bill to the End User Customer, discontinuing Billing as of the date of the discontinuance of Qwest's service to the End User Customer. If the Current Service Provider, or if the End User Customer New Service Provider orders the discontinuance of existing resold service from CLEC, Qwest will bill the Current Service Provider for service through the date the EndUser Customer receives resold service from the Current Service Provider. Qwest will notify CLEC by Operational Support System interface, facsimile, or by other agreed-upon processes when an End User Customer moves from the Current Service Provider to a New Service Provider. Qwest will not provide the Current Service Provider with the name of the New Service Provider selected by the End User Customer. 6.4.CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact for order entry, problem resolution and repair of the resold services. These points of contact will be identified for both CLEC and Qwest in the event special attention is required on a service request. 6.4.Prior to placing orders on behalf of the End User Customer CLEC shall be responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth in the POA Section of this Agreement. 6.4.Due Date intervals for CLEC's resale service requests are established when service requests are received by Qwest through Operational Support Systems or by facsimile. Intervals provided to CLEC shall be equivalent to intervals provided by Qwest to itself, its Affiliates, its subsidiaries, other Resellers, and to Qwest's retail End User Customers. Page 61 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~line (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 6 Resale Billing Qwest shall bill CLEC and CLEC shall be responsible for all applicable charges for the resold services as provided herein. CLEC shall also be responsible for all Tariffed cataloged, price listed , and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that CLEC resells to an End User Customer under this Agreement. Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) calendar Days of the last day of the most recent Billing period , in an agreed upon standard electronic Billing format as detailed in Section 12., Billing information including (1) a summary bill, and (2) individual End User Customer sub-account information consistent with the samples available for CLEC review. Maintenance and Repair Qwest will maintain its facilities and equipment used to provide CLEC resold services. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to repair Qwest's facilities or equipment , including facilities or equipment that may terminate or be located at CLEC's End User Customer s premises, other than by connection or disconnection to any interface between Qwest and the End User Customer s facilities, without the written consent of Qwest. Maintenance and Repair procedures are detailed in Section 12. Access telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively. CLEC and Qwest will employ the procedures for handling misdirected repair calls as specified in Section 12.8 of this Agreement. Commingling of Resold Services with Unbundled Network Elements and Combinations of Unbundled Network Elements To the extent it is Technically Feasible, and pursuant to the terms of Section 9. CLEC may Commingle Telecommunications Services purchased on a resale basis with an Unbundled Network Element or combination of Unbundled Network Elements. Page 62 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection Section 7.0 - INTERCONNECTION Interconnection Facility Options Issue No.1 A Qwest proposed: This Section describes the Interconnection of Qwest's network and CLEC' network for the purpose of exchanging Exchange Service (EAS/Local traffic), Exchange Access (lntraLATA Toll carried solely by local exchange carriers), ISP-Bound traffic, and JointlyProvided Switched Access (InterLATA and IntraLATA) traffic. Qwest will provide Interconnection at any Technically Feasible point within its network. Interconnection, which Qwest currently names "Local Interconnection Service" (LIS), is provided for the purpose of connecting End Office Switches to End Office Switches or End Office Switches to local or Access Tandem Switches for the exchange of Exchange Service (EAS/Local traffic); or End Office Switches to Access Tandem Switches for the exchange of Exchange Access (IntraLATA Toll carried solely by local exchange carriers) or Jointly Provided Switched Access traffic. Qwest Tandem Switch to CLEC Tandem Switch connections will be provided where Technically Feasible. New or continued Qwest local Tandem Switch to Qwest Access Tandem Switch and Qwest Access Tandem Switch to Qwest Access Tandem Switch connections are not required where Qwest can demonstrate that such connections present a risk of Switch exhaust and that Qwest does not make similar use of its network to transport the local calls of its own or any Affiliate s End User Customers. 1. CLEC agrees to allow Qwest to conduct operational verification audits of those network elements controlled by CLEC and to work cooperatively with Qwest to conduct an operational verification audit of any other provider that CLEC used to originate, route and transport VolP traffic that is delivered to Qwest, as well as to make available any supporting documentation and records in order to ensure CLEC's compliance with the obligations set forth in the VolP definition and elsewhere in this Agreement. Qwest shall have the right to redefine this traffic as Switched Access in the event of an "operational verification audit failure . An "operational verification audit failure" is defined as: (a) Qwest's inability to conduct a post-provisioning operational verification audit due to insufficient cooperation by CLEC or CLEC's other providers or (b) a determination by Qwest in a post-provisioning operational verification audit that the CLEC or CLEC's end users are not originating in a manner consistent with the obligations set forth in the VolP definition and elsewhere in this Agreement. Prior to using Local Interconnection Service trunks to terminate VolP traffic CLEC certifies that the (a) types of equipment VolP end users will use are consistent with the origination of VolP as defined in this Agreement; and (b) types of configurations that VolP end users will use to originate calls using IP technology are consistent with the VolP configuration as defined in this Agreement. Level 3 proposed: This Section describes the Interconnection of Qwest's network and CLEC's network for the purpose of exchanging Telecommunications Including Telephone Exchange Service And Exchange Access traffic. Qwest will provide Interconnection at any Technically Feasible point within its network. Page 63 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 ntercon nection Establishment of SPOI: Qwest agrees to provide CLEC a Single Point of Interconnection (SPOI) in each Local Access Transport Area (LATA) for the exchange of all telecommunications traffic. The SPOI may be established at any mutually agreeable location within the LATA, or, at Level 3's sole option , at any technically feasible point on Qwest's network. Technically feasible points include but are not limited to Qwest's end offices , access tandem, and local tandem offices. Cost Responsibility. Each Party is responsible for constructing, maintaining, and operating all facilities on its side of the SPOI , subject only to the payment of intercarrier compensation in accordance with Applicable Law. In accordance with FCC Rule 51.703(b), neither Party may assess any charges on the other Party for the origination of any telecommunications delivered to the other Party at the SPOI , except for Telephone Toll Service traffic outbound from one Party to the other when the other Party is acting in the capacity of a provider of Telephone Toll Service, to which originating access charges properly apply. 3 Facilities included/transmission rates. Each SPOI to be established under the terms of this Attachment shall be deemed to include any and all facilities necessary for the exchange of traffic between Qwest's and Level 3's respective networks within a LATA. Each Party may use an Entrance Facility (EF), Expanded Interconnect Channel Termination (EICT), or Mid Span Meet Point of Interconnection (POI) and/or Direct Trunked Transport (DTT) at DS1 , DS3 , OC3 or higher transmission rates as , in that Party s reasonable judgment, is appropriate in light of the actual and anticipated volume of traffic to be exchanged. If. one Party seeks to establish a higher transmission rate facility than the other Party would establish, the other Party shall nonetheless reasonably accommodate the Party s decision to use higher transmission rate facilities. 1.4 Each Party Shall Charge Reciprocal Compensation for the Termination of Traffic to be carried. All telecommunications of all types shall be exchanged between the Parties by means of from the physical facilities established at Single Point of Interconnection Per LATA onto its Network Consistent With Section 51.703 of the FCC's Rules: 1.4.Level 3 may interconnect with Qwest at any technically feasible point on Qwest's network for the exchange of telecommunications traffic. Such technically feasible points include but are not limited to Qwest access tandems or Qwest local tandems. When CLEC is interconnected at the SPOI. separate trunk groups for separate types of traffic may be established in accordance with the terms hereof. separate physical interconnection facilities , as opposed to separate trunk groups within SPOI facilities , shall be established except upon express mutual agreement of the Parties. Page 64 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 ntercon nection Qwest will provide to CLEC Interconnection at least equal in quality to that provided to itself, to any subsidiary, Affiliate, or any other party to which it provides Interconnection. Notwithstanding specific language in other sections of this Agreement all provisions of this Agreement regarding Interconnection are subject to thisrequirement. Qwest will provide Interconnection under rates, terms and conditions that are just, reasonable and non-discriminatory. In addition, Qwest shall comply with all state wholesale and retail service quality requirements. Methods of Interconnection Issue No.1 B Qwest proposed: The Parties will negotiate the facilities arrangement used to interconnect their respective networks. CLEC shall establish at least one (1) physical Point of Interconnection in Qwestterritory in each LATA CLEC has local Customers. The Parties shall establish, through negotiations , at least one (1) of the following Interconnection arrangements, at any Technically Feasible point: (1) a DS1 or DS3 Qwest provided facility; (2) Collocation; (3) negotiated Mid- Span Meet POI facilities; or (4) other Technically Feasible methods of Interconnection, such as an OCn Qwest provided facility, via the Bona Fide Request (BFR) process unless a particular arrangement has been previously provided to a third party, or is offered by Qwest as a product. OCn Qwest provided facilities may be ordered through FCC Tariff No. Level 3 proposed: CLEC may establish a POI through: (1) a collocation site established by CLEC at a Qwest wire center, (2) a collocation site established by a third party at Qwest wire center, or (3) transport (and entrance facilities where applicable). CLEC shall establish one POI at any technically feasible point on Qwest's network within each LATA in which CLEC desires to exchange traffic directly with Qwest by any of the following methods: a collocation site established by CLEC at a Qwest Wire Center a collocation site established by a third party at Qwest Wire Center, or; transport (and entrance facilities where applicable) ordered and purchased by CLEC from Qwest; or Fiber meet point. CLEC shall establish one POI on Qwest's network in each LATA. POls may be established by CLEC through: a collocation site established by CLEC at a Qwest Wire Center a collocation site established by a third party at Qwest Wire Center Page 65 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ine (oDDosed bv Owes~Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection transport (and entrance facilities where applicable) ordered and purchased by CLEC from Qwest at the applicable Qwest intrastate access rates and charges; Fiber meet point. Page 66 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection 1 Qwest-provided Facility. Interconnection may be accomplished through the provision of a DS1 or DS3 entrance facility of CLEC's determination. An entrance facility extends from the Qwest Serving Wire Center to CLEC's Switch location or any Technically Feasible POI chosen by CLEC. Qwest provided entrance facilities may not extend beyond the area served by the Qwest Serving Wire Center. The rates for Qwest provided entrance facilities are provided in Exhibit A. Qwest's private line transport service is available as an alternative to Qwest provided LIS entrance facilities , when CLEC uses such private line transport service for multiple services. Entrance facilities may not be used for Interconnection with Unbundled Network Elements. See New Mexico and Washington SGA Ts for state-specfic Section Collocation. Interconnection may be accomplished through the Collocation arrangements offered by Qwest. The terms and conditions under which Collocation will be available are described in Section 8 of this Agreement. 3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of Interface, limited to the Interconnection of facilities between one (1) Party s Switch and the other Party s Switch. The actual physical Point of Interface and facilities used will be subject to negotiations between the Parties. Each Party will be responsible for its portion of the build to the Mid-Span Meet POI. A CLEC may not use remaining capability in an existing Mid-Span Meet POI to gain access to Unbundled Network Element. These Mid-Span Meet POls will consist of facilities used for the Provisioning of one-way or two-way local/I ntraLA T A and Jointly Provided Switched Access nterconnection trunks, as well as miscellaneous trunks such as Mass Calling Trunks OS/DA, 911 and including any dedicated DS1 DS3 transport trunk groups used to provision originating CLEC traffic. The Mid-Span Fiber Meet architecture requires each Party to own its equipment on its side of the Point of Interconnection (POI). CLECs may designate Mid-Span Fiber Meet as the target architecture, except in scenarios where it is not Technically Feasible or where the Parties disagree on midpoint location. In a Mid-Span Fiber Meet the Parties agree to establish technical interface specifications for Fiber Meet arrangements that permit the successful Interconnection and completion of traffic routed over the facilities that interconnect at the Fiber Meet. CLEC is responsible for providing at its location the fiber optic terminal (FOT) equipment , multiplexing, and fiber required to terminate the optical signal provided by Qwest. Qwest is responsible for providing corresponding FOT(s), multiplexing, and fiber required to terminate the optical signal provided by CLEC. The Parties shall , wholly at their own expense, procure , install and maintain the FOT(s) in each of their locations where the Parties establish a Fiber Meet with capacity sufficient to provision and maintain all trunk groups. The Parties shall mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s and DS3s necessary for transport of forecasted local Interconnection trunking. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. Page 67 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection 2.4 ntentionally Left Blank. Qwest agrees to provide local Interconnection trunk diversity to the same extent it does so in Qwest's local network. Exchange of Traffic Description This Section 7.2 addresses the exchange of traffic between CLEC' network and Qwest's network. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall bill such third parties the appropriatecharges pursuant to its respective Tariffs or contractual offerings for such third party terminations. Unless otherwise agreed to by the Parties, via an amendment to this Agreement, the Parties will directly exchange traffic between their respective networks without the use of third party transit providers. The traffic types to be exchanged under this Agreement include: EAS/Local Exchange Service (EAS/Local) traffic as defined in this Agreement. IntraLATA Toll Exchange Access (IntraLATA Toll) traffic defined in this Agreement. Jointly Provided Switched Access traffic is defined in Section 1. Jointly Provided Switched Access is associated with Meet-Point Billing.2.4 Transit traffic is any traffic that originates from one (1) Telecommunications Carrier s network, transits another Telecommunications Carrier s network, and terminates to yet another Telecommunications Carrier network. For purposes of the Agreement, transit traffic does not include traffic carried by Interexchange Carriers. That traffic is defined as Jointly Provided Switched Access. Transit service is provided by Qwest, as a local and Access Tandem Switch provider, to CLEC to enable the completion of calls originated by or terminated to another Telecommunications Carrier (such as another CLEC, an existing LEC, or a wireless Carrier), which is connected to Qwest's local or Access Tandem Switches. To the extent that CLEC's Switch functions as a local or Access Tandem Switch , as defined in this Agreement, CLEC may also provide transit service to Qwest. Traffic having special Billing or trunking requirements includes but is not limited to, the following: Directory Assistance; 911/E911 ; Operator Busy Line Verify/Busy Line Interrupt; Toll Free Services; Page 68 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDose~ bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection ISP-Bound Traffic as described in Section 7.6 below. Terms and Conditions Transport and Termination of Exchange Service (EAS/Local) Traffic. Issue No.1 C Qwest Proposal: Exchange Service (EAS/Local) traffic will be terminated as Local Interconnection Service (LIS). Level 3 Proposal: Exchange Service (EAS/Local) traffic will be terminated as Local Interconnection Service (LIS). Notwithstanding references to LIS and to trunking and facilities used or provisioned in association with LIS , nothing in this Agreement shall be construed to require CLEC to pay Qwest for any services or facilities on Qwest's side of the POI in connection with the origination of traffic from Qwest to CLEC; and nothing herein shall be construed to require CLEC to pay for any services or facilities on Qwest's side of the POI in connection with the termination of traffic from CLEC by Qwest other than reciprocal compensation payments as provided in Section hereof. As negotiated between the Parties, the transport of Exchange Service (EAS/Local) traffic may occur in several ways: One-way or two-way trunk groups may established. However, if either Party elects to provision its own one-way trunks for delivery of Exchange Service (EAS/Local) traffic to terminated on the other Party s network, the other Party must also provision its own one-way trunks to the extent that traffic volumes warrant. To the extent there is a dispute, Section 5.18 applies. Page 69 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection Issue No. Qwest proposal: CLEC may purchase transport services from Qwest or from a third party, including a third party that has leased the private line transport service facility from Qwest. Such transport provides a transmission path for the LIS trunk to deliver the originating Party s Exchange Service EAS/Local traffic to the terminating Party End Office Switch or Tandem Switch for call termination. Transport may be purchased from Qwest as Tandem Switch routed (i.e., tandem switching, tandem transmission and direct trunked transport) or direct routed (i.e., direct trunked transport). This Section is not intended to alter either Party s obligation under Section 251 (a) of the Act. Level 3 Proposal:2. CLEC may order transport services from Qwest or from a third-party, including a third party that has leased the private line transport service facility from Qwest for purposes of network management and routing of traffic to/from the POI. Such transport provides a transmission path for the LIS trunk to deliver the originating Party s Exchange Service EAS/Local traffic to the terminating Party End Office Switch or Tandem Switch for call termination. This Section is not intended to alter either Party s obligation under Section 251 (a) of the Act or unde Section 51.703 or 51.709 of the FCC's Rules. When either Party utilizes the other Party s Tandem Switch for the exchange of local traffic, where there is a DS1's worth of traffic (512 CCS) for three (3) consecutive months between the originating Party s End Office Switch delivered to the other Party s Tandem Switch for delivery to one (1) of the other Party s End Office Switches , the originating Party will order a direct trunk group to the other Party s End Office Switch. To the extent that CLEC has established Collocation arrangement at a Qwest End Office Switch location and has available capacity, CLEC may, at its sole option, provide two-way direct trunk facilities from that End Office Switch to CLEC's Switch. Page 70 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. ........." . .". . - Qwest Proposal:1.4 LIS ordered to a Tandem Switch will be provided as direct trunked transport between the Serving Wire Center of CLEC's POI and the Tandem Switch. Tandem transmission rates, as specified in Exhibit A of this Agreement, will apply to the transport provided from the Tandem Switch to Qwest's End Office Switch. Level 3 Proposal:1.4 LIS ordered to a Tandem Switch will be provided as direct trunked transport between the Serving Wire Center of CLEC's POI and the Tandem Switch. If direct trunked transport is greater than fifty (50) miles length , and existing facilities are not available in either Party s network, and the Parties have not been able to resolve the issue through mid-point arrangementsand the Parties cannot agree as to which Party will provide the facility, the Parties may bring the matter before the Commission for resolution on an Individual Case Basis. Regardless of the number of Location Routing Numbers (LRNs) used by a CLEC in a LATA, Qwest will route traffic destined for CLEC's End User Customers via direct trunking where direct trunking has been established. In the event that direct trunking has not been established, such traffic shall be routed via a Qwest Tandem Switch. Exchange Access (IntraLATA Toll) Traffic. Exchange Access (IntraLATA Toll) traffic shall be delivered to Qwest at the Access Tandem Switch or via separate trunks to Qwest's End Office Switch(es), as designated by CLEC. Transit Traffic Qwest will accept traffic originated by CLEC for termination to another CLEC, existing LEC , or wireless Carrier that is connected to Qwest's local and/or Access Tandem Switch. Qwest will also terminate traffic from these other Telecommunications Carriers to CLEC. For purposes of the Agreement, transit traffic does not include traffic carried by nterexchange Carriers. That traffic is defined as Jointly Provided Switched Access. To the extent Technically Feasible, the Parties involved transporting transit traffic will deliver calls to each involved network with CCS/SS7 protocol and the appropriate ISUPITCAP messages to facilitate full Interoperability and Billing functions. The originating company is responsible for payment of appropriate rates to the transit company and to the terminating company. In the case of Exchange Access (IntraLATA Toll) traffic where Qwest is the designated IntraLATA Toll provider for existing LECs , Qwest will be responsible for payment of appropriate usage rates. Page 71 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection 3.4 When either Party receives an unqueried call from the other Party to a telephone number that has been ported to another local services provider, the transit rate will apply.2.4 Jointly Provided Switched Access. The Parties will use industry standards developed to handle the Provisioning and Billing of Jointly Provided Switched Access (MECAB, MECOD, and the Parties' FCC and state access Tariffs). Each Partywill bill the IXC the appropriate portion of its Switched Access rates. Qwest will also provide the one-time notification to CLEC of the billing name, billing address and Carrier identification codes of the IXCs subtending any Access Tandem Switches to which CLEC directly connects. This type of traffic is discussed separately in this Section. Interface Code Availability. Supervisory signaling specifications, and the applicable network channel interface codes for LIS trunks can be found in the Qwest Technical Publication for Local Interconnection Service 77398. Switching Options SS7 Out-of-Band Signaling. SS7 out-of-band signaling available for LIS trunks. SS7 out-of-band signaling must be requested on the order for new LIS trunks. Common Channel Signaling Access Capability Service may be obtained through the following options: (a) as set forth in this Agreement at Section 9.6 or 9.13; (b) as defined in the FCC Tariff # 1; or (c) from a third party signaling provider. Each of the Parties, Qwest and CLEC, will provide for Interconnection of their signaling network for the mutual exchange of signaling information in accordance with the industry standards as described in Telcordia documents, including but not limited to GR-905 CORE , GR-954 CORE , GR-394 CORE and Qwest Technical Publication 77342. Clear Channel Capability. Clear Channel Capability (64CCC) permits 24 DSO-64 Kbps services or 1.536 Mbps of information on the 1.544 Mbps/s line rate. 64CCC is available for LIS trunks equipped with SS7 out-of- band signaling. 64CCC must be requested on the order for new LIS trunks. Qwest will provide CLEC with a listing of Qwest Switches fully capable of routing 64CCC traffic through the Qwest website: http://www.Qwest.com/disclosures Where available to Qwest , Qwest will provide CLEC with the same 64CCC on an alternate route or if necessary via an overlay network. MF Signaling. Interconnection trunks with MF signaling may be ordered by CLEC if the Qwest Central Office Switch does not have SS7 capability or if the Qwest Central Office Switch does not have SS7 diverse routing. Measurement of terminating Local Interconnection Service (LIS) minutes begins when the terminating LIS entry Switch receives answer supervision from the called End User Customer s End Office Switch indicating the called End User Customer has answered. The measurement of terminating call usage over LIS trunks ends when the terminating LIS entry Switch receives disconnect supervision from either the called End User Customer s End Office Switch, indicating the called End User Customer has disconnected, or CLEC's Point of Interconnection , whichever is recognized first by the Page 72 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection entry Switch. This is commonly referred to as "conversation time." The Parties will only charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of use are aggregated at the end of the Billing cycle by End Office Switch and rounded to the nearest whole minute. Issue No. Qwest Proposal (All of Section 7.8): LIS Forecasting Both CLEC and Qwest shall work in good faith to define a mutually agreed upon forecast of LIS trunking. Both Parties shall have the obligation to participate in joint planning meetings at semi-annual intervals to establish trunk design and Provisioning requirements. The Parties agree to provide mutual trunk forecast information to ensure End User Customer call completion between the Parties networks. Such forecasts shall be for LIS trunking that impacts the Switch capacity and facilities of each Party. Qwest shall provide trunk group specific projections to CLEC on or before the date of the joint planning meeting. Switch capacity growth requiring the addition of new switching modules may require six (6) months to order and install. To align with the timeframe needed to provide for the requested facilities, including engineering, ordering, installation and make ready activities, for capacity growth, Qwest will utilize CLEC'semi-annual forecasts and near-term demand submitted on Unforecast Demand Notification Forms to ensure availability of Switch capacity.8.4 The forecast will identify trunking requirements for a two (2) year period. From the semi-annual close date as outlined in the forecast cycle , the receiving Party will have one (1) month to determine network needs and place vendor orders which may require a six (6) month interval to complete the network build. Each Party may place trunk orders with respect to a forecast any time after submission of the forecast, in which case the other Party will provide capacity in response to such orders where spare capacity exists its network at the time of that order. Seven (7) months after submission the forecast, Qwest will have the necessary capacity in place to meetorders against the forecast. For ordering information see Section 7.4. See also Section 7. Both Parties will follow the forecasting and Provisioning requirements of this Agreement for the appropriate sizing of trunks, and use of direct End Office Switch vs. Tandem Switch routing. See Section 7. LIS Forecasting Deposits: In the event of a dispute regarding forecast quantities, where in each of the preceding eighteen (18) months, the amount of trunks-required is less than fifty percent (50%) of trunks-in-service Qwest will make capacity available in accordance with the lower forecast. Page 73 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection (See Colorado, Minnesota and Washington SGA Ts for state-specfic Section Three (3) weeks after forecasting cycle, Qwest will provide CLEC feedback in the form of a potentially lower forecast. In the event of a dispute regarding forecast quantities, where in each of the preceding eighteen (18) months, trunks- required is less than fifty percent (50%) of trunks in service each month, Qwest will make capacity available in accordance with the higher forecast if CLEC provides Qwest with deposit according the following terms. As to the difference between the lower and higher forecast, Qwest reserves the right to require, prior construction, refundable deposit of up to one hundred percent (100%) of the trunk-group specific estimated cost to provision the new trunks, if CLEC's trunk state-wide average utilization over the prior eighteen (18) months is less than fifty percent (50%) of trunks in service each month. Qwest will return the deposit if CLEC's state- wide average trunks in service to trunk usage (utilization) ratio exceeds fifty percent (50%) within six (6) months of the forecasting period to which the deposit applies. If CLEC does not achieve the fifty percent (50%) utilization within six (6) months, Qwest will retain pro-rata portion of the deposit to cover its capital cost Provisioning. The pro-rata shall assume full refund when the state-wide average utilization ratio meets or exceeds fifty percent (50%) for one (1) of the six (6) months following receipt of deposit. The pro-rata assumes one-half (1/2) of the deposit is refunded when the highest state-wide average utilization ratio for anyone of the six (6) months after receipt of deposit is twenty-five percent (25%). the event Qwest does not have available facilities to provision Interconnection trunking orders that CLEC forecasted and for which CLEC provided deposit, Qwest will immediately refund pro rata portion of the deposit associated with its facility shortfall. Ancillary trunk groups, such as mass calling, are excluded from the ratio. (See Oregon, Colorado, Minnesota and Washington SGA Ts for state- specfic Section (See Washington SGA 1 to 7. for state-specfic Sections Where there is reasonably reliable basis for doing so, Qwest shall include in the trunks-required calculation any usage by others, including but not limited to Qwest itself, of facilities for which CLEC has made deposit payments. Qwest shall not be required to credit such usage more than once in all the trunks- required calculations it must make for all CLECs in the relevant period. Page 74 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection (See Colorado SGA Ts for state-specfic Section Joint planning meetings will be used to bring clarity to the process. Each Party will provide adequate information associated with the Qwest LIS Trunk Forecast Forms in addition to its forecasts. During the joint planning meetings, both Parties shall provide information on major network projects anticipated for the following year that may impact the other Party forecast or Interconnection requirements. No later than two (2) weeks prior to the joint planning meetings, the Parties shall exchange information to facilitate the planning process. Qwest shall provide CLEC a report reflecting then current spare capacity at each Qwest Switch that may impact the Interconnection traffic. Qwest shall also provide a report reflecting then current blocking of local direct and alternate final trunk groups, Interconnection and non-Interconnection alike. CLEC will be provided Interconnection trunk group data on its own trunks. Qwest shall also provide report reflecting Tandem Switch routed Interconnection trunking that has exceeded 512BHCCS. The information is Proprietary, provided under non-disclosure and is to be used solely for Interconnection network planning. In addition to the above information , CLEC shall provide: Completed Qwest LIS Trunk Forecast Forms; and Any planned use of an alternate Tandem Switch provider. In addition to the above information, the following informationwill be available through the Local Exchange Routing Guide or the Interconnections (ICONN) Database. The LERG is available through Telcordia. ICONN is available through the Qwest Web site. Qwest Tandem Switches and Qwest End Office Switches (LERG); CLLI codes (LERG); Business/Residence line counts (ICONN); Switch type (LERG or ICONN); and Current and planned Switch generics (ICONN). Qwest will notify CLEC six (6) months prior to LERG amendment, the anticipation of a new local Tandem Switch.10 Qwest network disclosure of deployment information for specific technical capabilities (e., ISDN deployment, 64 CCC, etc.) shall be provided on Qwest's web site, http://www.qwest.com/disclosures.11 When appropriate, Qwest will notify CLEC through the Qwest Trunk Group Servicing Request (TGSR) process of the need to take action and place orders in accordance with the forecasted trunk requirements. CLEC shall respond to the TGSR within ten (10) business days of receipt. Page 75 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection The following terms shall apply to the forecasting process: 12.CLEC forecasts may be provided to Qwest as detailed in Qwest's Trunk Forecast Form; 12.CLEC forecasts provided to Qwest, information provided by CLEC to Qwest outside of the normal forecasting process to modify the forecast, and forecasting information disclosed by Qwest to CLEC shall be deemed Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this material other than as allowed and described in subsections 5.16.1 and 5.16.13 If a trunk group is consistently utilized (trunks-required over trunks-in-service) at less than fifty percent (50%) of rated busy-hour capacity each month of any consecutive three (3) month period, Qwest will notify CLEC of Qwest's desire to resize the trunk group. Such notification shall include Qwest's information on current utilization levels. If CLEC does not submit an ASR to resize the trunk group or provide Qwest with its reasons for maintaining excess capacity within thirty (30) calendar Days of the written notification , Qwest may reclaim the unused facilities and rearrange the trunk group. When reclamation does occur, Qwest shall not leave the CLEC-assigned trunk group with less than twenty-five percent (250/0) excess capacity. Ancillary trunk groups are excluded from this treatment. (See Montana SGA for state-specfic Section 13) ntentionally Left Blank.15 Each Party shall provide a specified point of contact for planning, forecasting and trunk servicing purposes.16 Interconnection facilities provided on a route that involves extraordinary circumstances may be subject to the Construction Charges, as detailed in Section 19 of this Agreement. When Qwest claims extraordinary circumstances exist it must apply to the Commission for approval of such charges by showing that CLEC alone is the sole cause of such construction. Qwest shall initiate such proceeding within ten (10) calendar Days of notifying CLEC in writing that it will not construct the requested facilities, or within ten (10) calendar Days of notice from CLEC in writing that Qwest must either commence construction of the facilities or initiate such proceeding with the Commission. this proceeding, Qwest shall not object to using the most expeditious procedure available under state law, rule or regulation. Qwest shall be relieved of its obligation of constructing such facilities during the pendency of the proceeding before the Commission. If the Commission approves such charges , Qwest and CLEC will share costs in proportion to each Party s use of the overall capacity of the route involved. Qwest and CLEC may also choose to work in good faith to identify and locate alternative routes that can be used to accommodate CLEC forecasted build. Extraordinary circumstances include , but are not limited to natural obstructions such as lakes, rivers , or steep terrain, and legal obstructions such as governmental, federal , Native American or private rights of way. The standard Qwest forecast period of six (6) months may not apply under these Page 76 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection circumstances. Construction Charges shall not apply in the event that construction is an augment of an existing route. (See Minnesota SGA for additional information concerning Section 16) Trunking Requirements The Parties will provide designed Interconnection facilities that meet the same technical criteria and service standards, such as probability of blocking in peak hours and transmission standards, in accordance with current industry standards, state requirements and standards provided for in the ROC and incorporated herein by reference. Qwest shall provide monthly reports to CLEC on all Interconnection trunk groups and quarterly reports on all interoffice trunk groups carrying EAS/Local traffic between Qwest Tandem Switches and Qwest End Office Switches. The reports will contain busy hour traffic data, including but not limited to, overflow and the number of trunks in each trunk group. Intentionally Left Blank. Separate trunk groups may be established based on Billing, signaling, and network requirements. The following is the current list of traffic types that require separate trunk groups, unless specifically otherwise stated in this Agreement.a) Directory Assistance trunks (where the Switch type requires separation from operator services trunks); 911/E911 trunks;c) Operator services trunks (where the Switch type requires separation from Directory Assistance trunks); Mass calling trunks, if applicable. Issue No.2 A Qwest proposed: Exchange Service (EAS/Local), ISP-Bound Traffic Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), VolP traffic and Jointly Provided Switched Access (InterLATA and IntraLATA Toll involving a third party IXC) may be combined in a single LIS trunk group or transmitted on separate LIS trunk groups. If CLEC utilizes trunking arrangements as described in Section 7., Exchange Service (EAS/Local) traffic shall not be combined with Switched Access , not including Jointly Provided Switched Page 77 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 ntercon nection Access, on the same trunk group, i.e. Exchange Service (EAS/Local) traffic may not be combined with Switched Access Feature Group D traffic to a Qwest Access Tandem Switch and/or End Office Switch. Level 3 proposed: Where CLEC exchanges Telephone Exchange Service Exchange Access Service, Telephone Toll Service , and Information Services traffic with Qwest over a single interconnection network, CLEC agrees to pay Qwest, on Qwest's side of the POI, state or federally tariffed rates applicable to the facilities charges for InterLATA and/or InterLA T A traffic in proportion to the total amount of traffic exchanged over such interconnection facility. Otherwise each party remains 100% responsible for the costs of its interconnection facilities on its side of the POI. Thus, by way of illustration only, where 200/0 of such traffic is interLATA (intrastate and interstate) and the remaining 80010 is Section 251 (b)(5) Traffic, CLEC would pay Qwest an amount equal to 20% of the applicable tariffed transport rate that would apply to a tariffed facility used solely for the exchange of such access traffic for such traffic exchanged on Qwest's side of the POI over a single interconnection trunk. Except as expressly provided in Section 7., each party shall bear all costs of interconnection on its side of the network in accordance with 47 C.R. 9 51.703. Accordingly, unless otherwise expressly authorized according to Section 7.3, neither Party may charge the other (and neither Party shall have an obligation to pay) any recurring and/or nonrecurring fees, charges or the like (including, without limitation, anytransport charges), associated with the exchange of any telecommunications traffic including but not limited to Section 251 (b)(5) Traffic on its side of the POI. Each party is solely responsible for any and all costs arising from or related to establishing and maintaining the interconnection trunks and facilities it uses to connect to the POI. Thus, neither party shall require the other to bear any additional costs for the establishment and operation of interconnection facilities that connect its network to its side of the POI. If traffic is combined , Section 7.9 of this Agreement applies. Issue No. Qwest proposed: CLEC may combine originating Exchange Service (EAS/Local) traffic, ISP-Bound Traffic, Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), VolP Traffic and Switched Access Feature Group traffic including Jointly Provided Switched Access traffic, on the same Feature Group D trunk group. 1 CLEC shall provide to Qwest, each quarter, Percent Local Use (PLU) factor(s) that can be verified with individual call detail records or the Parties may use call records or mechanized jurisdictionalization Page 78 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection using Calling Party Number (CPN) information in lieu of PLU , if CPN is available. Where CLEC utilizes an affiliate s Interexchange Carrier (IXC) Feature Group D trunks to deliver Exchange Service (EAS/Local) traffic with interexchange Switched Access traffic to Qwest, Qwest shall establish trunk group(s) to deliver Exchange Service (EAS/Local), Transit and Exchange Access (lntraLATA Toll carried solely by Local Exchange Carriers), to CLEC. Qwest will use or establish a POI for such trunk group in accordance with Section 7. Level 3 proposed: CLEC may combine Exchange Service (EAS/Local) traffic ISP-Bound Traffic Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), VolP Traffic and Switched Access Feature Group D traffic including Jointly Provided Switched Access traffic, on the same Feature Group D trunk group or over the same interconnection trunk groups as provided in Section 7. 9.4 Trunk group connections will be made at a DS1 or multiple DS1 level for exchange of EAS/Local , and IntraLATA Toll/Jointly Provided Switched Access traffic. Directory Assistance, 911/E911 , operator Busy Line Interrupt and Busy Line Verify; and Toll Free Service trunk groups may be made below a DS1 level , as negotiated. The Parties will provide Common Channel Signaling (CCS) to one another in conjunction with all trunk circuits , except as provided below.a) The Parties will provision all trunking using SS7/CCS capabilities. Redundant MF signaling networks will not be provided unless specifically called for in this Agreement. Exceptions to this arrangement would be limited to operator services trunking, Directory Assistance trunking, 911 trunking and any others currently available in the Qwest network only on MF signaling. Qwest will not require a Bona Fide Request to accomplish Interconnection with a Qwest Central Office Switch not currently equipped for SS7 and where MF signaling is used. When the SS7/CCS option becomes available in the Qwest network for said trunking, the Parties will provision new trunks using SS7. In addition , the Parties will jointly work to convert existing trunking to SS7, as appropriate. b) When the Parties interconnect via CCS for Jointly Provided Switched Access Service , the Tandem Switch provider will provide MF/CCS interworking as required for Interconnection with Interexchange Carriers who use MF signaling. Page 79 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection Issue No. Qwest proposed: The Parties shall terminate Exchange Service (EAS/Local) traffic on Tandem Switches or End Office Switches. CLEC may interconnect at either the Qwest local tandem or the Qwest access tandem for the delivery of local exchange traffic. When CLEC is interconnected at the access tandem and when there is a DS 1 level of traffic (512 BHCCS) over three (3) consecutive months between CLEC's Switch and a Qwest End Office Switch Qwest may request CLEC to order a direct trunk group to the Qwest End Office Switch. CLEC shall comply with that request unless it can demonstrate that such compliance will impose upon it material adverse economic or operations impact. Furthermore, Qwest may propose to provide Interconnection facilities to the local Tandem Switches or End Office Switches served by the Access Tandem Switch at the same cost to CLEC as Interconnection at the Access Tandem Switch. If CLEC provides a written statement of its objections to a Qwest cost-equivalency proposal, Qwest may require it only: (a) upon demonstrating that a failure to do so will have a material adverse affect on the operation of its network and (b) upon a finding that doing so will have no material adverse impact on the operation of CLEC as compared with Interconnection at such Access Tandem Switch. Level 3 proposed: When CLEC is interconnected at the access tandem and when there is a DS1 level of traffic (512 BHCCS) over three (3) consecutive months between CLEC's Switch and a Qwest End Office Switch, Qwest may request CLEC to order a direct trunk group to the Qwest End Office Switch. Notwithstanding references to Qwest's ability to requests that CLECs order direct trunk groups to the Qwest end office , nothing in this agreement shall e shall be construed to require CLEC to pay Qwest for any services or facilities on Qwest's side of the POI in connection with the origination of traffic from Qwest to CLEC; and nothing herein shall be construed to require CLEC to pay for any services or facilities on Qwest's side of the POI in connection with the termination of traffic from CLEC by Qwest, other than reciprocal compensation payments as provided in this Agreement. Page 80 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 ntercon nection Qwest will allow Interconnection for the exchange of local traffic at Qwest'Access Tandem Switch without requiring Interconnection at the local Tandem Switch at least in those circumstances when traffic volumes do not justify direct connection to the local Tandem Switch; and regardless of whether capacity at the Access Tandem Switch is exhausted or forecasted to exhaust. To the extent Qwest is using a specific End Office Switch to deliver limited Tandem Switch functionality to itself, a wireless service provider another CLEC, or another ILEC, it will arrange the same trunking for CLEC. Alternate Traffic Routing. If CLEC has a LIS arrangement which provides two (2) paths to a Qwest End Office Switch (one (1) route via a Tandem Switch and one (1) direct route), CLEC may elect to utilize alternate traffic routing. CLEC traffic will be offered first to the direct trunk group (also referred to as the "primary high" route) and then overflow to the Tandem Switch group (also referred to as the "alternate final" route) for completion to Qwest End Office Switches. 9 Host-Remote. When a Qwest Wire Center is served by a remote End Office Switch, CLEC may deliver traffic to the host Central Office or to the Tandem Switch. CLEC may deliver traffic directly to the remote End Office Switch only to the extent Qwest has arranged similar trunking for itself or others. For remote Switches that currently lack direct trunking capability, Qwest will accept Bona Fide Requests for Trunk Side access. Testing 10.Acceptance Testing. At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical param~ters. 10.Testing Capabilities 10.LIS Acceptance Testing is provided where equipment is available, with the following test lines: seven-digit access to balance (100 type), milliwatt (102 type), nonsynchronous or synchronous automatic transmission measuring (105 type), data transmission (107 type), loop-around, short circuit open circuit, and non-inverting digital loop-back (108 type), and such other acceptance testing that may be needed to ensure that the service is operational and meets the applicable technical parameters. 10.In addition to LIS acceptance testing, other tests are available (e., additional cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-scheduled testing) at the applicable Qwest Tariff rates. Testing fees will be paid by CLEC when requesting this type of testing. Page 81 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection 10.Repair Testing. At the time of repair of a LIS trunk group, at no additional charge, tests will be performed to ensure that the service is operational and meets the applicable technical parameters.11 Mileage Measurement. Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. Reciprocal Compensation Interconnection Facility Options The Reciprocal Compensation Provisions of this Agreement shall apply to the exchange of Exchange Service (EAS/Local) traffic between CLEC's network and Qwest's network. Where either Party acts as an IntraLATA Toll provider, each Party shall bill the other the appropriatecharges pursuant to its respective tariff or price lists. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall bill such third parties the appropriate charges pursuant to its respective tariffs, price lists or contractual offerings for such third party terminations. Absent a separately negotiated agreement to the contrary, the Parties will directly exchange traffic between their respective networks without the use of third party transit providers. Entrance Facilities. Recurring and nonrecurring rates for entrance facilities are specified in Exhibit A and will apply for those DS 1 or DS3 facilities dedicated to use by LIS. If CLEC chooses to use an existing facility purchased as private line transport service from the Qwest state or FCC access Tariffs, the rates from those Tariffs will apply. IISee Montana SGAT for state-specfic Section ntentionally Left Blank. Issue No.1 G Qwest proposed: If the Parties elect to establish LIS two-way trunks, for reciprocal exchange of Exchange Service (EAS/Local) traffic, the cost of the LI S two-wayfacilities shall be shared among the Parties by reducing the LIS two-way entrance facility (EF) rate element charges as follows: Entrance Facilities - The provider of the LIS two-way Entrance Facility (EF) will initially share the cost of the LIS two-way EF by assuming an initial relative use factor of fifty percent (500/0) for a minimum of one (1) quarter. The nominal charge to the other Party for the use of the EF, as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Party will be according to this initial relative use factor for a minimum of one Page 82 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection (1) quarter. The initial relative use factor will continue for both bill reduction and payments until the Parties agree to a new factor, based upon actual minutes ofuse data for non-ISP-bound traffic and all traffic that is VNXX Traffic to substantiate a change in that factor. If either Party demonstrates with non-ISP- bound traffic data that actual minutes of use during the first quarter justify a relative use factor other than fifty percent (50010), the Parties will retroactively true up first quarter charges. Once negotiation of a new factor is finalized, the bill reductions and payments will apply going forward, for a minimum of one (1) quarter. ISP-bound traffic or traffic delivered to Enhanced Service providers is interstate in nature. Level 3 proposed: Each party is solely responsible for any and all costs arising from or related to establishing and maintaining the interconnection trunks and facilities it uses to connect to the POI. Thus , neither party shall require the other to bear any additional costs for the establishment and operation of interconnection facilities that connect its network to its side of the POI. 1 Intercarrier compensation. Intercarrier compensation for traffic exchanged at the SPOI shall be in accordance with FCC Rule 51.703 and associated FCC rulings. For avoidance of doubt, any traffic that constitutes telecommunications" and that is not subject to switched access charges including without limitation so-called "information access" traffic, shall be subject to compensation from the originating carrier to the terminating carrier at the FCC-mandated capped rate (as of the effective date hereof) of $0.0007 per minute. Any dispute about the appropriate intercarrier compensation applicable to any particular traffic shall be resolved by reference to the FCC' rule and associated orders. Collocation See Section 8. Direct Trunked Transport Party. Either Party may elect to purchase direct trunked transport from the other Direct trunked transport (DTT) is available between the Serving Wire Center of the POI and the terminating Party s Tandem Switch or End Office Switches. The applicable rates are described in Exhibit A. DTT facilities are provided as dedicated DS3, DS1 or DSO facilities. When DTT is provided to a local or Access Tandem Switch for Exchange Service (EAS/Local) traffic, or to an Access Tandem Switch for Exchange Access (lntraLATA Toll), or Jointly Provided Switched Access traffic the applicable DTT rate elements apply between the Serving Wire Center andthe Tandem Switch. Additional rate elements for delivery of traffic to the Page 83 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection terminating End Office Switch are tandem switching and tandem transmission. These rates are described below. Mileage shall be measured for DTT based on V&H coordinates between the Serving Wire Center and the local/Access Tandem Switch or End Office Switch.1.4 Fixed Charges per DSO , DS1 or DS3 and per mile charges are defined for DTT in Exhibit A of this Agreement. Issue No.1 H Qwest proposed: If the Parties elect to establish LIS two-way DTT trunks , for reciprocal exchange of Exchange Service (EAS/Local) traffic the cost of the LIS two-way DTT facilities shall be shared among the Parties by reducing the LIS two-way DTT rate element charges as follows: Direct Trunked Transport -The provider of the LIS two-way DTT facility will initially share the cost of the LIS two-way DTT facility by assuming an initial relative use factor of fifty percent (50%) for a minimum of one (1) quarter. The nominal charge to the other Party for the use of the DTT facility, as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Party will be according to this initial relative use factor for a minimum of one (1) quarter. The initial relative use factor will continue for both bill reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non-ISP-bound traffic and all traffic that is VNXX Traffic to substantiate a change in that factor. If either Party demonstrates with non-ISP-bound traffic data that actual minutes of use during the first quarter justify a relative use factor other than fifty percent (500/0), the Parties will retroactively true up first quarter charges. Once negotiation of a new factor is finalized , the bill reductions and payments will apply going forward , for a minimum of one (1) quarter. ISP-bound traffic is interstate in nature. Level 3 proposed: Each party is solely responsible for any and all costs arising from or related to establishing and maintaining the interconnection trunks and facilities it uses to connect to the POI. Thus, neither party shall require the other to bear any additional costs for the establishment and operation of interconnection facilities that connect its network to its side of the POI. Multiplexing options (DS1/DS3 MUX or DSO/DS1 MUX) are available rates described in Exhibit A. Trunk Nonrecurring charges Issue No.1 I Qwest proposed: Installation nonrecurring charges may be assessed by the provider for Page 84 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection each LIS trunk ordered. Qwest rates are specified in Exhibit A. Level 3 proposed: Neither Party may charge (and neither Party shall have an obligation topay) any installation nonrecurring charges or the like, for any LIS trunk ordered for purposes of exchanging ISP-Bound Traffic, 251 (b)(5) Traffic, and VolP Traffic that either Party delivers at a POI , other than the intercarrier compensation rates. Issue No.1 J Qwest proposed: Nonrecurring charges for rearrangement may be assessed by the provider for each LIS trunk rearrangement ordered, at one-half (1/2) the rates specified in Exhibit A. Level 3 proposed: Neither Party may charge (and neither Party shall have an obligation topay) any nonrecurring charges for rearrangement assessed for any LIS trunk rearrangement ordered for purposes of exchanging ISP-Bound Traffic, 251 (b)(5) Trafficand VolP Traffic that either Party delivers at a POI , other than the intercarrier compensation rates. Exchange Service (EAS/Local) and VolP Traffic Issue No. Note: In the state of Iowa, the Board requires that 251(b)5 and ISP Bound traffic be exchanged on a Bill and Keep basis. Qwest proposed: 3.4.Intercarrier compensation for Exchange Service (EAS/Local) and VolP traffic exchanged between CLEC and Qwest will be billed at $.0007 or the state ordered rate , whichever is lower. Level 3 proposed: 3.4.Subject to the terms of this Section , intercarrier compensation for Section 251 (b)(5) Traffic where originating and terminating NPA-NXX codes correspond to rate centers located within Qwest defined local calling areas (including ISP-bound and VolP Traffic) exchanged between Qwest and CLEC will be billed as follows, without limitation as to the number of MOU ("minutes of use ) or whether the MOU are generated in "new markets" as that term has been defined by the FCC: 0007 per MOU. Page 85 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection Miscellaneous Charges Cancellation charges will apply to cancelled LIS trunk orders, based upon the critical dates, terms and conditions in accordance with the Access Service Tariff Section 5., and the trunk nonrecurring charges referenced in this Agreement. Expedites for LIS trunk orders are allowed only on an exception basis with executive approval within the same timeframes as provided for other designed services. When expedites are approved, expedite charges will apply to LIS trunk orders based on rates, terms and conditions described in Exhibit A. Intentionally Left Blank. 6 ISP-Bound Traffic Issue No.3 C Note: In the state of Iowa, the Board requires that 251(b)5 and ISP Bound traffic be exchanged on a Bill and Keep basis. Note: In the state of Colorado, the Colorado Commission requires that ISP Bound Traffic be exchanged on a Bill and Keep basis. Qwest proposed: Subject to the terms of this Section , intercarrier compensation for ISP- bound traffic exchanged between Qwest and CLEC will be billed as follows, without limitation as to the number of MOU ("minutes of use ) or whether the MOU are generated in "new markets" as that term has been defined by the FCC: 0007 per MOU or the state ordered rate, whichever is lower. (See Iowa SGA for state-specific Section Level 3 proposed: Intercarrier compensation for ISP-bound traffic Section 251 (b)(5) traffic and VolP traffic exchanged between Qwest and CLEC will be billed and paid without limitation as to the number of MOU ("minutes of use ) or whether the MOU are generated in "new markets" as that term has been defined by the FCC in the ISP Remand Order at a rate of $.0007 per MOU. Issue No. 19 Qwest proposed: Identification of ISP-Bound Traffic - unless the Commission has previously ruled that Qwest's method for tracking ISP-bound Traffic is sufficient, Qwest will presume traffic delivered to CLEC that exceeds a 3: 1 ratio of terminating (Qwest to CLEC) to originating (CLEC to Qwest) traffic is ISP-Bound traffic. Either Party may rebut this presumption by demonstrating the factual ratio to the state Commission. Traffic exchanged that is not ISP-Bound traffic will be considered to be section 251 (b)(5) traffic. Page 86 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 7 ntercon nection Level 3 proposed: Identification of ISP-Bound Traffic -- Qwest will presume traffic delivered to CLEC that exceeds a 3: 1 ratio of terminating (Qwest to CLEC) to originating (CLEC to Qwest) traffic is ISP-Bound traffic. Either Party may rebut this presumption demonstrating the factual ratio to the state Commission. Traffic exchanged that is not ISP-Bound traffic will be considered to be section 251 (b)(5) traffic. (See Iowa SGA for state-specific Section and all Sub-sections) Issue No.3 A Qwest proposed: Qwest will not pay reciprocal compensation on VNXX traffic. Level 3 proposed: If CLEC designates different rating and routing points such that traffic that originates in one rate center terminates to a routing point designated by CLEC in a rate center that is not local to the calling party even though the called NXX is local to the calling party, such traffic ("Virtual Foreign Exchange" traffic) shall be rated in reference to the rate centers associated with the NXX prefixes of the calling and called parties numbers, and treated as 251 (b)(5) traffic for purposes of compensation. Transit Traffic The following rates will apply: Exchange Service and Information Service Transit: The applicable LIS tandem switching and tandem transmission rates at the assumed mileage contained in Exhibit A of this Agreement, apply to the originating Party. The assumed mileage will be modified to reflect actual mileage , where the mileage can be measured, based on negotiations between the Parties. IntraLATA Toll Transit: The applicable Qwest Tariffed Switched Access tandem switching and tandem transmission rates apply to the originating CLEC or LEC. The assumed mileage contained in Exhibit A of this Agreement shall apply. Jointly Provided Switched Access: The applicable Switched Access rates will be billed by the Parties to the IXC based on MECAB guidelines and each Party respective FCC and state access tariffs. Issue No. 20 Qwest proposed: Signaling Parameters: Qwest and CLEC are required to provide each other the proper signaling information (e., originating Calling Party Number and destination called party number, etc.) per 47 CFR 64.1601 to enable each Party to issue bills in a complete and timely fashion. All CCS signaling parameters will be provided including Calling Party Number (CPN), Originating Line Information Parameter (OLlP) on calls to 8XX telephone numbers, calling party category, Charge Number, etc. All privacy indicators will be honored. If either Party fails to Page 87 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection provide CPN (valid originating information), and cannot substantiate technical restrictions (Le. MF signaling) such traffic will be billed as Switched Access. Traffic sent to the other Party without CPN (valid originating information) will be handled in the following manner. The transit provider will be responsible for only its portion of this traffic, which will not exceed more than five percent (5010) of the total Exchange Service (EAS/Local) and Exchange Access (IntraLATA Toll) traffic delivered to the other Party. The Switch owner will provide to the other Party, upon request, information to demonstrate that Party s portion of no-CPN traffic does not exceed five percent (50/0) of the total traffic delivered. The Parties will coordinate and exchange data as necessary to determine the cause of the CPN failure and to assist its correction. All Exchange Service (EAS/Local) and Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers) calls exchanged without CPN information will be billed as either Exchange Service (EAS/Local) Traffic or Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers) Traffic in direct proportion to the minutes of use (MOU) of calls exchanged with CPN information for the preceding quarter, utilizing a PLU factor determined in accordance with Section 7.2 of this Agreement. Level 3 Proposed: 8 Signaling Parameters: Qwest and CLEC are required to provide each other proper signaling information (e., originating Calling Record Information and destination called party number, etc.) to enable each Party to issue bills in a complete and timely fashion. All CCS signaling parameters will be provided including Call Record Information (CRI), Originating Line Information Parameter (OLlP) on calls to 8XX telephone numbers, calling party category, Charge Number, etc. All privacy indicators will be honored. If either Party fails to provide CRI (valid originating information), and cannot substantiate technical restrictions (e., MF signaling, IP origination , etc.) such traffic will be billed as interstate Switched Access. Transit Traffic sent to the other Party without CRI (valid originating information) will be handled in the following manner. The transit provider will be responsible for only its portion of this traffic, which will not exceed more than five percent (50/0) of the total Exchange Service (EAS/Local) and Exchange Access (IntraLATA Toll) traffic delivered to the other Party. The Switch owner will provide to the other Party, upon request, information to demonstrate that Party portion of no-CRI traffic does not exceed five percent (5010) of the total traffic delivered. The Parties will coordinate and exchange data as necessary to determine the cause of the CRI failure and to assist its correction. All Exchange Service (EAS/Local) and Exchange Access calls exchanged without CRI information will be billed as either Exchange Service (EAS/Local) Traffic or Exchange Access Traffic in direct proportion to the minutes of use (MOU) of calls exchanged with CRI information for the preceding quarter, utilizing a PLU factor determined in accordance with Section 7.2 of this Agreement. Issue No. 18 Qwest proposed: To the extent a Party combines Exchange Service (EAS/Local), Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly Provided Switched Page 88 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection Access (InterLATA and IntraLATA calls exchanged with a third party IXC) traffic on a single LIS trunk group, the originating Party, at the terminating Party s request will declare quarterly PLU(s). Such PLUs will be verifiable with either call summary records utilizing Calling Party Number information for jurisdictionalization or call detail samples. The terminating Party should apportion per minute of use (MOU) charges appropriately. Level 3 proposed: To the extent a Party combines Section 251 (b)(5) Traffic and Jointly Provided Switched Access (InterLATA and IntraLATA calls exchanged with a third party IXC) traffic on a single trunk group, the originating Party, at the terminating Party s request will declare monthly PLU(s) PIU(s), and PIPU(s), collectively "Jurisdictional Factors." Such Jurisdictional Factors willbe verifiable with either call summary records utilizing Call Record information for jurisdictionalization or call detail samples. The terminating Party should apportion per minute of use (MOU) charges appropriately. The Jurisdictional Factors - PLU, PIU and PIPU - are defined as follows: 1 PIPU - Percent IP Usage: This factor represents the traffic that is IP Enabled as a percentage of ALL traffic. CLEC has introduced this factor to identify IP-Enabled Services traffic for billing purposes to Qwest on an interim basis until an industry standard is implemented. IP- Enabled traffic includes all I P- TDM and TDM to I P traffic that is exchanged directly between the parties. PIU - Percent Interstate Usage: This factor represents the end-to-end circuit switched traffic (i.e. TDM-IP-TDM) that is interstate for services that are billed at tariffed rates on a per Minute Of Use (MOU) basis as a percentage of all end-to-end circuit switched traffic i. all interstate traffic after IP-Enabled traffic has been excluded. This factor does not include IP- Enabled Services Traffic. PLU - Percent 251 (b)(5) Usage: This factor represents the end-to-end circuit switched 251 (b)(5) traffic as a percentage of all end-to-end circuit switched intrastate traffic. This factor distinguishes traffic that is rated as "local" (i.e. "Section 251 (b)(5) traffic ) from Intrastate toll traffic. This factor does not include IP-Enabled Services traffic. Unless otherwise agreed to by the parties: (1) factors will be calculated and exchanged on a monthly basis. Percentages will be calculated to two decimal places (for example 22.34010); (2) each party will calculate factors for all traffic that they originate and exchanged directly with the other Party; and (3) the party responsible for collecting data will collect all traffic data, including but not limited to Call Detail Records (this includes CPN), from each trunk group in the state over which the parties exchange traffic during each study period. The parties will calculate the factors defined in Section 7., above, as follows: PIPU: The PIPU is calculated by dividing the totallP-Enabled Services MOU by the total MOU. The PIPU is calculated on a statewide basis. Upon ILEC request, CLEC will provide a PIPU factor for all minutes of usage exchanged directly between the Parties over the Interconnection Trunk Groups in each state. CLEC will provide separate PIPU factors for CLEC Terminating IP-enabled Traffic and CLEC Originating IP-enabled Traffic, which terms are defined in sections 7.8.4.1 and 7.8.4. Page 89 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection respectively, below. Accordingly, the PIPU factor is based upon CLEC's actual and verifiable Call Detail Records of IP-originated traffic Exchange of Data: The party responsible for billing will provide the PIPU, PLU and PIU factors to the non-collecting party on or before the 15th of each month, via email (or other method as mutually agreed between the parties), to designated points of contact within each company. 9.4 Maintenance of Records 9.4.Each company will maintain traffic data on readily available basis for a minimum period of one year (or however long as required by state and federal regulations) after the end of the month for which such date was collected for audit purposes. Audits Each company will have the ability to audit the other company s traffic factors up to a maximum of twice per year. A party seeking audit must provide notice of their intent to audit and include specific dates , amounts and other detail necessary for the party receiving the request to process the audit. Notice must be provided in writing and postmarked as mailed to the audited party within one year after the end of each month(s) for which they seek audit. The audited party must provide in a mutually agreeable electronic format traffic data for the months requested according to Section 7.1 above. 6 True- In addition to rights of audit, the Parties agree that where a factor is found to be in error by more than 2010 they will automatically true up the factors and payor remit the resulting amounts to correct such errors. Ordering 7.4.When ordering LIS, the ordering Party shall specify requirements on the Access Service Request (ASR): 1) the type and number of Interconnection facilities to terminate at the Point of Interconnection in the Serving Wire Center; 2) the type of interoffice transport, (i.e. direct trunked transport or tandem switched transport); 3) the number of Ports to be provisioned at an End Office Switch or local Tandem Switch; and 4) any optional features. When the ordering Party requests facilities, routing, or optional features different than those determined to be available , the Parties will work cooperatively in determining an acceptable configuration based on available facilities, equipment and routing plans. Page 90 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection Issue No. 21 Level 3 Proposal: 7.4.Nothing in this section 7.4 shall be construed to in any way affect the Parties respective obligations to pay each other for any activities or functions under this Agreement. All references in this section 7.4 to 'ordering ' shall be construed to refer only to the administrative processes needed to establish interconnection and trunking arrangements and shall have no effect on either Party s financial obligations to the other. 7.4.For each NXX Code assigned to CLEC by the NANPA, CLEC will provide Qwest with the CLLI codes of the Qwest Tandem Switches and CLEC Point of Interface to which traffic associated with the NXX will be routed. For NXX Codes assigned to existing LIS trunk groups, CLEC will also provide Qwest with the Qwest assigned two-six code (TGSN) to which each NXX will be routed. Information that is not currently available in the LERG may be provided via the Routing Supplemental Form-Wireline available on the Qwest web site: http://www. qwest. co m/wholesa le/noti ces/n pa nxxP rocess. htm Either Party shall respond to a special request for a Routing Supplemental Form when a single Switch is served by multiple trunk groups. 7.4.When either Party has ordered a DS3 entrance facility or private line facility, that Party will order the appropriate DS1 facility required and identify the channels of the DS3 to be used to provide circuit facility assignments (CFA). Also, if either Party has provided or ordered a DS 1 entrance facility or private line facility, that Party will be responsible for identification of the DSO channels of the DS1 private line to be used to provide CFA. 7.4.4 Where CLEC has not previously established a POI and operated in a LATA, or where a new POI is being established in a given LATA, or when CLEC is providing a new forecast or requests changes to an existing forecast, a joint planning meeting will precede initial trunking orders. These meetings will result in agreement and commitment that both Parties can implement the proposed plan and the transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties will provide their best estimate of the traffic distribution to each End Office Switch subtending the Tandem Switch. 7.4.ntentionally Left Blank. 7.4.Service intervals and Due Dates for initial establishment of trunking arrangements at each new Switch location of Interconnection between the Parties will be determined on an Individual Case Basis. 7.4.Qwest will establish intervals for the provision of LIS trunks that conform to the performance objectives set forth in Section 20. Qwest will provide notice to CLEC of any changes to the LIS trunk intervals consistent with the Change Management Process (CMP) Page 91 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection applicable to the PCAT. Operational processes within Qwest work centers are discussed as part of the CMP. Qwest agrees that CLEC shall not be held to the requirements of the PCAT. 7.4.The ordering Party may cancel an order at any time prior to notification that service is available. If the ordering Party is unable to accept service within thirty (30) calendar Days after the Service Date , the provider has the following options:a) The order will be canceled; cancellation charges as noted in 7.1 apply unless mutually agreed to by the Parties; ntentionally Left Blank. Billing for the service will commence. In such instances , the cancellation date or the date Billing is to commence, depending on which option is selected, will be the 31st calendar Day beyond the Service Date. 7.4.ntentionally Left Blank. Jointly Provided Switched Access Services Jointly Provided Switched Access Service is defined and governed by the FCC and state access Tariffs, Multiple Exchange Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines, and is not modified by any provisions of this Agreement. Both Parties agree to comply with such guidelines. Qwest will agree to function as the access service coordinator (ASC) as definedin the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD) (Technical Reference SR-TAP-000984). Qwest will provide the operational, technical and administrative support required in the planning, Provisioning and maintenance involved in the joint access Provisioning process to the IXCs. Qwest will be unable to fulfill the role of ASC if CLEC does not fully comply with MECOD requirements, including filing CLEC's End Office Switches and billed percentages (BPs) in the NECA 4 Tariff. Qwest and CLEC will each render a separate bill to the IXC, using the multiple bill , multiple tariff option.5.4 A charge will apply for Category 11-01-XX and 11-50-XX records sent in an EMR mechanized format. These records are used to provide information necessary for each Party to bill the Interexchange Carrier for Jointly Provided Switched Access Services and 8XX database queries. The charge is for each record created and transmitted and is listed in Exhibit A of this Agreement. Transit Records Qwest and CLEC will exchange wireline network usage data originated by a wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch , transits Qwest's network , and terminates to CLEC's network. Each Party agrees to provide to the other this wireline network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is Carrier protected information under 9222 of the Communications Act and shall be used solely for the purposes of Billing the wireline Page 92 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection LEC. CLEC will provide to Qwest information to be able to provide transit records on a mechanized basis when Technically Feasible. This includes , but is not limited to: service center information , operating company number, and state jurisdiction. Qwest and CLEC agree to exchange wireline network usage data as Category 11-01-XX. Qwest and CLEC will exchange wireless network usage data originated by a wireless service provider (WSP) where the NXX resides in a WSP Switch , transits Qwest's network, and terminates to CLEC's network. Each Party agrees to provide to the other this wireless network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is Carrier protected information under 9222 of the Communications Act and shall be used solely for the purposes of Billing the WSP. CLEC will provide to Qwest information to be able to provide transit records on a mechanized basis when Technically Feasible. This includes, but is not limited to: service center information operating company number and state jurisdiction. Qwest and CLEC agree to exchange wireless network usage data as Category 11-50-XX. A charge will apply for Category 11-01-XX and 11-50-XX records sent in an EMR mechanized format. These records are used to provide information necessary for each Party to bill the originating Carrier for transit when Technically Feasible. The charge is for each record created and transmitted and is listed in Exhibit A of this Agreement. Local Interconnection Data Exchange for Billing There are certain types of calls or types of Interconnection that require exchange of Billing records between the Parties , including, for example, alternate billed and Toll Free Service calls. The Parties agree that all call types must be routed between the networks accounted for, and settled among the Parties. Certain calls will be handled via the Parties respective operator service platforms. The Parties agree to utilize where possible and appropriate, existing accounting and settlement systems to bill , exchange records and settle revenue. The exchange of Billing records for alternate billed calls (e., calling card, bill-to- third-number and collect) will be distributed through the existing CMDS processes , unless otherwise separately agreed to by the Parties. 3 Inter-Company Settlements (ICS) revenues will be settled through the Calling Card and Third Number Settlement System (CATS). Each Party will provide for its own arrangements for participation in the CATS processes, through direct participation or a hosting arrangement with a direct participant. 7.4 Non-ICS revenue is defined as IntraLATA collect calls , calling card calls, and billed to third number calls which originate on one (1) service provider s network and are billed by another service provider located within the same Qwest geographic specific region. The Parties agree to negotiate and execute an agreement for settlement of non-ICS revenue. This separate arrangement is necessary since existing CATS processes do not permit the use of CATS for non-ICS revenue. The Parties agree that current message distribution processes including the CMDS system or Qwest in-region facilities, can be used to transport the call records for this traffic. Both Parties will provide the appropriate call records to the IntraLATA Toll Free Service provider, thus permitting the service provider to bill its End User Customers for the Page 93 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 7 Interconnection inbound Toll Free Service. No adjustments to bills via tapes, disks or Network Data Mover (NDM) will be made without the mutual agreement of the Parties. Page 94 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. 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 Qwest 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 (HVAC); and cabling in Qwest's Premises. Collocation also allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of accessing and combining Unbundled Network Elements and accessing ancillary services. There are currently eight (8) standard types of Collocation available pursuant to this Agreement - Virtual Caged Physical, Shared Caged Physical , Cageless Physical , Interconnection Distribution Frame , Adjacent Collocation Common Area Splitter Collocation , and Remote Collocation. 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, except that the Parties shall not backbill any collocation charges that were incurred more than two years ago. 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 QwestPremises. 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 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 Page 95 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 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 , a 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 CLEC-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's 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 - See Section 9.4 for a description. Page 96 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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. Terms and Conditions Terms and Conditions - All Collocation 1 Qwest shall provide Collocation on rates, terms and conditions that are just reasonable and nondiscriminatory. In addition Qwest shall provide Collocation 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 services or Network Elements that are offered to be unbundled by Qwest pursuant to Section 271 of the Communications Act of 1934, as amended , with other services or Network Elements offered pursuant to Section 271 or Unbundled Network Elements or combinations of Unbundled Network Elements. Qwest will not Commingle services or Network Elements that are offered by Qwest pursuant to Section 271 of the Communications Act of 1934, as amended, with other services or Network Elements offered pursuant to Section 271 or 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 Section 7 of this Agreement are not available for Commingling. (See Washington SGA for state-specfic Section Collocation of Switching Equipment. CLEC may collocate any equipment that is necessary for Interconnection or access to Unbundled Network Elements. 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 ATMs, such as routers and concentrators , as well as testing and network management equipment also meet this legal standard. Before any equipment that includes switching functionality is installed , CLEC must provide a written inventory to Qwest of all Page 97 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 , HVAC, and tie cables to CLEC-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 CLEC-provided Cross Connection equipment in CLEC'Physical or Virtual Collocation space. Alternatively, the Demarcation Point can be at an Interconnection Distribution Frame (lCDF) 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 CLEC'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 CLEC-provided Cross Connection equipment located in CLEC' Virtual or Physical Collocation space; orb) if CLEC elects to use ICDF 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 at a direct connection point of termination as described in Section Page 98 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 Cage less Physical Collocation and Virtual Collocation CLEC must lease space for the placement of CLEC's equipment within Qwest's 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. If Qwest denies collocation of CLEC's equipment, citing safety standards, Qwest must provide CLEC within five business days a list of all equipment that Qwest locates within 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. 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. (See Arizona, Colorado, Oregon, and Washington SGA Ts for state-specfic Section 8. A Space Availability Report Charge in Exhibit A will apply to Page 99 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 Customer addresses served by each Remote Premises are available to CLECs 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. (lCONN isavailable through the Qwest web site located at http://www.qwest.com/iconn. CLEC is unable to determine the information it seeks regarding 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. In addition , CLEC can request a copy of Qwest'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 forCaged Physical Collocation. Alternatively, CLEC will be offered Cage less 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 availabledue 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 , Qwest 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 Qwest 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 Page 100 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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.11 If Qwest denies a request for Collocation in a Qwest Premises due to 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. Qwest 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 theCommission. 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. (See Washington SGAT for state-specfic Section 11)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 space limitations. (See Washington SGAT for state-specfic Section 12)13 Qwest will maintain a publicly available document, posted for viewing on the Internet (www.awest.com/whoiesale/no ices/collo/spaceavail.htmll,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 aSpace Availability Reporrequested by any CLEC Reclamation and Reconditioning of Space Page 101 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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. (See Washington SGA for state-specfic Section 2. 1. 14. 1 ) 14.If CLEC issues a forecast or reservation for Collocation Qwest shall use its best judgement to determine whether it would be appropriate to reclaim space and or equipment to meet expected Collocation requirements. 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. (See Washington SGA for state-specfic Section 14. 14.Reconditioning of Space -- Reconditioning of space is the remodeling of space for equipment use, such as, but not limited to, adding HVAC. The Collocation feasibility study will identify whether reconditioning ofspace 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 applicationwritten request by certified mail to the Qwest account manager. CLEC shall be responsible for payment of all costs incurred by Qwest up to the pointwhen the cancellation is received. Collocation Cancellation is available for all Collocations under a particular billing authorization number (BAN) for which the 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. 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. 21.15.In 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. Page 102 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 Collocation work. A quote will be issued within thirty (30) calendar Days of Qwest's 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 reservespace 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 anyspace held for future use before denying a request for Virtual Collocation or Physical Collocation on the grounds of space limitations, unless Qwest proves to the Commission that Virtual Collocation or Physical Collocation at that point is not Technically Feasible.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 applicablerelated earthquake ratings is available for review on the Qwest website at: http://www. awest. com/wholesa~pcat/co~ion. html18 Qwest will review the security requirements, issue keys, ID cards and explain the access control processes to CLEC. Such requirements are available for review at the Qwest website at: http://www.com/wholesale/pcat/collocallimJJ!ml 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 bewrongfully inside CLEC physical caged collocated areas or if they wrongfully provide access to unauthorized individuals. In no event shall any Qwest security requirements communicated to CLEC be any more stringent than those imposed on Qwest'semployees and contractors, and all such security requirements must be otherwise consistent with the Act and applicable rules and orders of the FCC and the Commission. 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 QwestPremises that suggests vandalism or other tampering with CLEC's equipment Qwest will, at CLEC's request, vigorously and thoroughly investigate thesituation. CLEC 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 Page 103 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 morethan one form of Collocation (i.e., Virtual , Caged , Shared and Cageless Physical Collocation or ICDF Collocation) in a single Premises, provided space is available.22 Termination of Collocation Arrangement. CLEC may terminate a completed Collocation arrangement by submitting a written request via certified mail to the Qwest account manager. Qwest shall provide CLEC a quotation for the costs of removing CLEC's collocated equipment and associated cabling and structure, which willbe paid by CLEC within thirty (30) days of the removal of the equipment by Qwest. CLEC will not be charged for the removal of equipment or cabling that is owned and removed by CLEC in its Physical Collocation space.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 application form , including but not limited to, distance limitations of the facilities CLEC intends to use for the connection. If the length of the most efficient route exceeds any such distance limitations Qwest will notify CLEC of available options. When CLEC notifies Qwest of CLEC's preferred option , Qwest will proceed with the route design and quote preparation. If CLEC elects to have Qwest provide the channel regeneration, the quote will include the applicable charges. 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 ownchoosing. 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 mayinterconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC, to any End User s Premises, and may interconnect CLEC' own collocated space and/or equipment (e., CLEC's Physical Collocation and CLEC' Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be ordered either as part of an application for Collocation under Section 8.4 , or separately from a Collocation Application in accordance with Section 8.4.7. CLEC-to-CLEC Cross Connections at an ICDF are available, as follows: (See Arizona, Washington Colorado and Oregon SGA Ts for state-specfic Section 23) 23.CLEC-to-CLEC Cross Connections at the ICDF. Page 104 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 23.1 CLEC-to-CLEC Cross Connection (COCC-X) defined as CLEC'capability to order a Cross Connection from it's 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 (lCDF). This is accomplished by the use of CLEC's Connecting Facility Assignment (CFA) terminations residing at an IDCF. 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 Customer s needs. This is accomplished by CLEC using the Design Layout Record (DLR) for the service connection. Depending on the distance parameters of the combination , regeneration may be required. (See Arizona and Washignton SGA Ts for state-specfic Section 23. 23.If two CLECs are involved , one CLEC acts as the ordering" CLEC. The ordering CLEC identifies both connection CFA's onthe 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 CentersI"A"I"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-CLECCross Connections (COCC-X) are: Access Service Request (ASR), Special Access (SPE) and Additional Circuit Information (ACI).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 direct use of Qwest's existing Cross Connection network. CLEC and Qwest will share the same distributing frames forsimilar types and speeds of equipment, 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. Page 105 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bol!!...!I.n.!!u!jne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 use of an alternative frame or an alternative arrangement, such as direct connections from CLEC's Collocation space to the MDF or COSMICTM frame.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 Cageless Physical Collocation, where the conversion only involves an administrative and Billing change, and the virtually collocated equipment is located in a space where Cageless Physical Collocation is available, shall be completed in thirty(30) calendar Days. CLEC must pay all associated conversion charges; provided however, that Qwest must first provide a quote of all conversion charges that will apply for Collocation Acceptance under Section 8.4.6 by CLEC.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, and also outside CLEC'physical space. CLEC may install the tie cables, blocks, and terminations on the ICDF or for CLEC-to-CLEC connections. Qwest approval of CLEC contractors involves security access arrangements and shall not be unreasonablywithheld. 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. Such standards are availablefor review on the Qwest website at: http://www.qwest.com/whoiesale/pcat/collocation. b!ml29 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. Reserved for Future Use.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 PCA T. CLEC must specify on its application the terminations to be 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 Page 106 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation receipt. Joint Testing will be complete within ninety (90) calendar Days of the RFS ifJoint 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 ICDFonce 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 itstechnicians. Qwest will assist CLEC in conducting continuity tests terminations at the ICDF. 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 (2010) on the terminations identified for testing, Qwest will not charge for this Joint Testing. If there are less than two percent (2%) errors found or if the errors found are facility errors on CLEC provided facilitiesQwest 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 CLECrequests that the charges be waived because Qwest errors are found duringJoint 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. 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, maintainand 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 for comparable equipment of Qwest. CLEC will not have physical access to the virtually collocated equipmentin the Qwest Premises. However, CLEC will have physical access to the DemarcationPoint in the Qwest Premises. CLEC will be responsible for obtaining and providing to Qwestadministrative codes (e.common language codes) for all equipment provided by CLEC and installed in Qwest Premises.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 Qwest. Page 107 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bol!!...!I.n.!!u!jne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 CLECequipment only to the degree that they apply to Qwest equipment located in Qwest's Premises. CLEC must specify all software options and associated plug-ins for its virtually collocated equipment. CLEC will be responsible for payment of Qwest's 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 differentthan the standard equipment used by Qwest in that Premises. This includes per diem charges (i.e.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 Cageless 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. Reserved for Future Use.3.4 Qwest will design the floor space in the most efficient manner possiblewithin each Premises that will constitute CLEC'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 thenecessary 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 Page 108 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 (50%) of the quoted nonrecurring charges before early access is granted, leaving a holdback of ten percent (100/0) of the originallyquoted 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 this 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) 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 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 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- Page 109 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 stepsto 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 thePremises, 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 Cageless 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 beseparated from other CLECs and Qwest space through a cage enclosure. Qwest willconstruct 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 whichmay 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. 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, Qwest will reduce the minimum square footageaccordingly). 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. Where CLEC utilizes Caged Physical Collocation , it shall have the right to install reasonable security measures it deems necessary for theprotection of facilities and equipment within its cage. Such measures include, but are not limited to, the installation of locks or access cardreaders. CLEC will ensure that Qwest has adequate access to the locked enclosure; provided , however, that Qwest will only enter CLEC's cage for purposes such as maintenance and repair of the building infrastructure or any emergency (defined as a situation that poses the risk of injury of death to any person or damage to tangible property, a situation in which the integrity of the network is threatened , or a situation in which an end user customer of a Party or another carrier is experiencing significant and noticeable service degredation). In all other circumstances, Qwest will provide reasonable advance notice of intent to enter the cage, and a reasonable opportunity for a CLEC designee to be present during such entry. Page 110 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation (See Arizona SGA for state-specfic Section 13) 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 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 Cageless 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-POI) outside the Qwest 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 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 12 fibers. CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable that consists of six buffer tubes containing 12 fibers each for a 72 fiber cable. The 72 fibercable shall be terminated on a Fiber Distribution Panel (FDP). A 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 cablein 12 fiber increments. The Qwest fiber cable consists of six buffer tubes containing 12 fibers each for a 72 fiber cable. The 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 4 and 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 Page III Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation Wire Center. This option provides maximum flexibility in distributing fibers within the Wire Center and readily supports Virtual and Cageless Physical Collocation and multiple CLEC locations in the office. This option also supports transitions from one 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. Thefiber cable placed in the Wire Center must meet NEBS Level 1 fire ratingrequirements. 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 beavailable if there is only one conduit with 2 unused innerducts (one for emergency restoral and one for a shared entrance cable). 2.4.4 Qwest will designate the location of the C-POI for Virtual , Caged Physicalor Cageless 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 astandard 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 , physicallyaccessible by both Qwest and CLEC, at which the fiber optic cable carrying CLEC'circuits can enter Qwest's Wire Center, provided that Qwest shall designate Interconnection points as close as reasonably possible to its Premises. Qwest shalloffer at least two (2) such Interconnection points at each Qwest Wire Center when least two entry points pre-exist and duct space is available. Qwest 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 between Qwest's Premises and CLEC's collocation space in a Qwest Wire Center. 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, andriser 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 microwaveequipment will be limited to that which is necessary for Interconnection to Qwest's network or access to Qwest's Unbundled Network Elements. Page 112 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo!!l...!!n.!!u.line (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 arrangement and each 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 the 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 Qwest the Parties 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 approvalsand authorizations from governmental agencies with jurisdiction , such as use permits , building permits FCC licenses and FAA approval if required, to construct, operate and maintain the CLEC facilities. If Qwest's assistance is required in order for a 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 Page 113 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 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 the CLEC fails toremove its microwave equipment CLEC shall be liable to Qwest for allreasonable costs of removal restoration of the property, storage , and transportation to CLEC of such microwave equipment incurred by Qwest. Terms and Conditions - ICDF Collocation Interconnection Distribution Frame (ICDF) Collocation is available if CLEC has not obtained Caged or Cageless Physical Collocation, but requires access to the Qwest 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 and ancillary services ordered by CLEC. CLEC may combine one (1) UNE to another UNE, Finished Service , or ancillary service by running a jumper on the ICDF. However, Qwest will not combine 1) UNEs withEntrance Facilities; or 2) UNEs with Network Elements that are offered by Qwestpursuant to Section 271 of the Communications Act of 1934, as amended.CLEC accessto the ICDF 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 DS-1 and DS-3 services; c) new Interconnection Distributing Frame; d) existing toll frame; e) fiber distribution panel; and , f) existing intermediate frame. CLEC requested combinations at the ICDF must be in accordance with Sections 9.1 and 9.23 . All Qwest terminations on the Interconnection Distribution Frame will be given a frame address. Qwest will establish and maintain frame address records forQwest 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 theframe assignments for each Unbundled Network Element, Finished Service, and ancillary service terminated on the ICDF. 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 Reserved for Future Use. Page 114 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold 11n!!!!:Jjne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 environmentalhut, 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, CLECmay 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 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 shallbe subject to Qwest's approval, which approval shall not be unreasonably withheld. If no transfer of ownership occurs, CLEC is responsible for removal ofthe structure and returning the property to its original condition , subject to reasonable wear and tear. Qwest shall provide written authorization for use of Qwest's property to CLEC or CLEC'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. 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. Page 115 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation Terms and Conditions Remote Collocation Remote Collocation allows CLEC to collocate in a Qwest RemotePremises 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. Rate Elements Rate elements for Collocation are included in Exhibit A. Rate Elements - All Collocation Qwest will recover Collocation costs through both recurring and nonrecurring charges developed in accordance with the Act and applicable FCC and Commission regulations. The charges are determined by the scope of work to be performed based on the information provided by CLEC on the Collocation Application. Form. A 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 Collocation req uest. (See Minnesota SGA for state-specfic 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, conduitlinnerduct, placement of conduitlinnerduct, 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, splice 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. Includes per-setup and per-fiber-spliced rate elements. Page 116 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC collocated equipment and is fused at one hundred twenty-five percent (125%) of request. The DC power is charged on a per ampere basis for the ordered DC power rather than for the fused amperage. AC Power Feed. Recovers the cost of providing for the engineering andinstallation 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. 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. Channel Regeneration Charge. Required when the distance from the leased physical space (for Caged or Cageless Physical Collocation) or from the collocated equipment (for Virtual Collocation) to the Qwest network is of sufficient length to require regeneration. Cable distance limitations are based on ANSI Standard T1.02- 1993 "Digital Hierarchy - Electrical Interface; Annex B." Channel Regeneration Chargesshall not apply if Qwest fails to make available to CLEC: (a) a requested, available location at which regeneration would not be necessary or (b) Collocation space that would have been available and sufficient but for its reservation for the future use Qwest. (See Arizona Colorado Minnesota,Oregon and Washingtion SGATs for state- specfic Section 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.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 ICDF or appropriate Demarcation Point including, but not limited to, the following: Existing Interconnection Distributing Frame (ICDF). Existing DSX Panels for DS-1 and DS-3 services New Interconnection Distributing Frame Page 11 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation Existing Toll Frame Fiber Distribution Panel Existing Intermediate Frame 11.The ICDF is the test access point. It would not beuncommon to find multiple service providers, including Qwest, on the ICDF at any one time. This element includes Qwest's 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 their request, Qwest will provide cablingat an additional charge. When Qwest provides the cabling, CollocationBlock Termination rates will apply as contained in Exhibit A of thisAgreement. 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 ICDF , 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 willguarantee 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 toconnect 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 theDemarcation Point. CLEC will select its desired option via thesupplemental Direct Connection (DC-POT) With Collocation FormDC050900. If CLEC chooses a demarcation inside the Collocationspace, CLEC should order and install the termination equipment itself.Demarcation equipment must be noted on the order form so that a CLLI code and unique tie cable assignments can be generated for systemsflow 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 responsible for augmenting terminations as required. The Direct 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 TIRKSTM and SWITCHTM via Carrier Facilities Address (CFA) methods. Page 118 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 11.If CLEC wishes to arrange terminations on a 2-wire POTS level cross-connect device of the modular type, i.e. COSMICTM Hardware, standard-engineering principles will apply. Provisioning intervals and costs will be customized and determined on an IndividualCase 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 Qwest. Minimum installation requires at least one (1) block for every two outside plant modules. A 'Y2 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 (i.e. toll frame, DSX, FDP, etc.). Direct Connections to these frames do not require MELDTM runs and short jumper engineering principals, as with the COSMICTM 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 toconnect with. Direct Connection is ordered via the supplemental Collocation order form , Direct Connection (DC-POT) With Collocation Form DC050900. 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 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 A. 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. Charges are assessed per CLEC employee , per card , per Premises on a monthly basis.13 Composite Clock/Central Office Synchronization. Recovers the cost of providing composite clock and/or DS1 synchronization signals traceable to a stratumone 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. 48 Volt DC Power Cable Charge. Provides for the transmission of - Page 119 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ine (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation volt DC power to the collocated equipment and is fused at one hundred twenty-five percent (125%) 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 Cageless 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. Itis 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. 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. Page 120 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 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 laborto 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 convenienceoutlets (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. Cageless bays placed in existing line-ups will use the existing outlets. For Caged Collocation , it includes a nine (9) foot high cage enclosure. CLEC may choose from Qwest approved contractors or may use another vendor of CLEC's own choosing, subject to Qwest's approval , which may not be unreasonably withheld , to construct thespace, 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 thecost 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 Qwestmust 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 Page 121 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 generatingequipment. 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); 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. Intentionally Left Blank.3.4 Collocation Grounding Charge. Used to connect the Premises common ground to CLEC equipment. Recurring and nonrecurring charges are assessed per foot to CLEC's equipment as set forth in Exhibit A. Rate Elements - ICDF Collocation 3.4.The charges for ICDF Collocation are the nonrecurring and recurring 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. Page 122 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDose4 bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation Rate Elements - CLEC-to-CLEC Connections 16. The charges for CLEC-to-CLEC Connections are addressed in Section 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 a 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, mustbe submitted with a revised Collocation Application. For purposes of this section Material Changes are changes that would significantly impair Qwest's ability to provision the requested Collocation within the applicable intervals if the changes are provisioned with the original Collocation order and would require Qwest to incur financial penalties under the terms of this Agreement or other Applicable Law. Qwest shall determine the additional time required to comply with CLEC's request for Material Changes (Additional Time), and CLEC shall have the option of (a) having the request for Material Changes implemented with the original Collocation order (within the original Provisioning intervals) as extended by the Additional Time; or (b) having Qwest process and provision the request as a subsequent construction activity or augmentation to the original Collocation order. Any nonmaterial changes, modifications, or additional engineering requested by CLEC, subsequent to its original Collocation order, may be submitted with a revised Collocation Application or otherwise communicated to Qwest and shall be implemented with the original Collocation order within the original applicable intervals. 8.4.There are three (3) primary steps in the ordering of Collocation - Forecasting, 2) Application , and 3) Acceptance of Quote. 8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each quarter, of its future Collocation requirements. The quarterly forecast shall be reviewedby CLEC and the Qwest account team. The CLEC 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 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 Premises , the following: Identification of the Qwest Premises; Floor space requirements, including the number of bays for a Cageless Page 123 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation Collocation arrangement; Power requirements; Heat Dissipation (optional);e) Type of Collocation (e., Caged Physical , Cageless Physical, Shared ICDF , Virtual , etc. ntentionally Left Blank. Entrance Facility Type (e., Express Fiber, Private Line); Type and Quantity of Terminations (optional);i) Month or Quarter, during or after which CLEC expects to submit its Collocation Application; and 8.4.1.4. 8.4.1.4; The following terms shall apply to the forecasting process: 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 particular Qwest Premises. A Collocation Application shall be considered complete , if itcontains: Identification of the Qwest Premises; b) Floor space requirements , including the number of bays for a Cageless Collocation arrangement; Power requirements; Heat Dissipation;e) Type of Collocation (e., Caged Physical , Cageless 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 Application how this equipment is necessary for access to UNEs or Interconnection. High level equipment interface or connectivity schematic for equipment that is not on the approved equipment list or has not been used by CLEC for a similar purpose before, must also accompany this application. If CLEC is using approved equipment found at www.qwest.com/wholesale/pcaUcollocation/html CLEC need Page 124 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold Und~ne (oDDosec! bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation not comply with this provision); Entrance Facility Type; Type and Quantity of Terminations; and If desired, an alternate form of Collocation if first choice is not available; Billing Contact. 8.4.Parties will work cooperatively to ensure the accuracy of the Collocation Application. If Qwest determines that the application is not complete Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days after receipt of the 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 application and resubmit the application within ten calendar Days after being advised of the deficiencies. 8.4.Collocation 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 it contains: Signed Notification of Collocation Acceptance; and Payment of fifty percent (500/0) 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 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. 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 (25010) payment of nonrecurring charges will be sent to CLEC within twenty-five (25) calendar Days from the Collocation Space Reservation Application receipt. Page 125 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation (See Oregon, Washington and Colorado SGA Ts for state-specific Section 8.4.Collocation Space Reservation Acceptance - CLEC must electronically submit acceptance or non-acceptance of the quote within seven (7) calendar Days of receipt of the quotation. If CLEC submits the acceptance between eight (8) and thirty (30) calendar Days of receipt of the quotation, Qwest will honor the reservation upon receipt of the payment only if Qwest does not receive a competing request for the same space from another CLEC. Qwest will not honor reservations CLEC submits the acceptance more than thirty (30) calendar Days after receipt of the quotation. (See Oregon, Washington and Colorado SGA Ts for state-specific Section 8.4.Upon receipt of the twenty-five percent (25%) payment, Qwest will reserve the space on behalf of CLEC in accordance with the application and take the necessary steps to ensure the availability of power, HVAC and other components reflected on the application for reservation. Qwest will hold the reservation for the applicable reservation period after the twenty-five percent (25%)) payment. This payment will be applied to the subsequent Collocation Application. (See Oregon Washington and Colorado SGA Ts for state-specific Section 4. 1. 7. 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 (25010) payment as follows: a) Cancellation notification within ninety (90) calendar Days from receipt of wire transfer, seventy five percent (75%) 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 (25%) of the initial down payment will be returned to CLEC. d) Cancellation notification after two hundred and seventy (270) calendar Days from receipt of wire transfer, zero percent (0%) of the initial down payment will be returned to CLEC. Page 126 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation (See Oregon Washington and Colorado SGA Ts for state-specific Section 4. 1. 7.4 J 8.4.Collocation Space Option 8.4.1 CLEC, Qwest and Qwest Affiliates may option space in Qwest Wire Center Premises in accordance with the terms of this Section 8.4.8 for the following equipment and time periods: Transmission equipment - one (1) year Circuit switching equipment - three (3) years Power plants - five (5) years 8.4.Optioned space is offered to CLECs for Caged, Cage less, and Virtual Collocation. To promote fairness and prevent warehousing, the 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) requesting CLEC may option one Collocation space per Wire Center.c) The maximum amount of space per Wire Center to be Optioned is: - 200 square feet for Caged Collocation - 4 bays for Cageless and Virtual Collocation 8.4.The Collocation Space Option Application form will beprocessed 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. 8.4.8.4 CLEC must submit Acceptance with full payment of the nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the quoted Option Fee , within seven (7) calendar Days of receipt of the quotation. When Qwest takes an option on space for itself, Qwest shall impute an amount equal to the Option Fee to the appropriate operations for which the optioned Page 127 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation space applies. The option quote expires seven (7) calendar Days after delivery to CLEC. 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 basedupon 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 tospace 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 applyto the Collocation Application (Sections 8.11 and 8.12). addition, Qwest will provide CLEC A with option space information (e. Caged and Cageless 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 Party or 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 asnotification 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 it's 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 expirationof 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. Page 128 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 8.4.Where contiguous space has been optioned, Qwestwill make its best effort to notify CLEC if Qwest, its Affiliates or other CLECs require the use of CLEC's contiguous space. Upon notification CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space option or continue without the contiguous provision. 8.4.7.4 The rate elements for the Collocation Space Option are comprised of the following:a) Space Option Administration Fee is a nonrecurringfee 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 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 orders are submitted by CLEC in a one-week period in the state, intervals shall be individually negotiated. Qwest shall, however, accept more than five (5) applications from CLEC per week per state, depending on the volume of applications pending from other CLECs. (See Colorado, Iowa, Minnesota, New Mexicio, South Dakota, Montana, Utah, (See Washington SGA for state-specfic Section 4. 1. 10. (See Washington SGAT for state-specfic Section 11) (See Washington SGA for state-specfic Section 4. 1. 12) Ordering - Virtual Collocation 8.4.Application -- Upon receipt of a complete Collocation Application asdescribed in Section 8.4.Qwest will perform a feasibility study to determine if adequate space, power and HVAC can be found for the placement of CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) calendar Days of receipt of a complete 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 Application is not complete, Qwest Page 129 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation shall notify CLEC of any deficiencies within ten (10) calendar Days of the 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 application and resubmit the 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 of the feasibility study. Subsequent requests to augment an existing Collocation also require receipt of an application. Adding plug-ins, e.DS1 or DS3 cards to existingvirtually 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. (See Washington SGA for state-specfic Section 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 factors - 1) whether the request was forecasted in accordance with Section 8.4.1.4or the space was reserved, in accordance with Section 8.4.7; 2) whether CLECprovides its Acceptance within seven (7) calendar Days receipt of the quotation; whether CLEC delivers its collocated equipment to Qwest in a timely manner, which shall mean within fifty-three (53) calendar Days of the receipt of the complete Collocation Application; and 4) whether the 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 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. Where CLEC finds during a walk-through inspection that any requirements foruse of the space previously identified on the Collocation Application have not been completed by Qwest, Qwest will remedy such defects within a reasonable period of time at its own expense. (See Colorado, Minnesota, Montana, Nebraska, New Mexico, Washington Wyoming and Utah SGA Ts for state-specific Section 8.4.2.4.Forecasted Applications with Timely Acceptance - If an application is included in CLEC's 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, 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. 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 Page 13 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDose4 bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation Collocation installation within forty-five (45) calendar Days of the receipt of all of CLEC's equipment. (See Colorado, Minnesota, Montana, Nebraska, Washington New Mexico and Utah SGA Ts for state-specfic Section 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 application, and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of thecomplete 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's equipment. If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation , the application shall be resubmitted by CLEC. (See Colorado, Minnesota, Nebraska, New Mexico, Montana, Washington and Utah SGA Ts for state-specfic Section 8.4.2.4.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 application, and if CLEC provides a complete acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation , and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt 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. (See Arizona, Colorado, Minnesota, Montana, Nebraska, New Mexico, Utah Washington and South Dakota SGA Ts for state-specfic Section 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 application, and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC' equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete the Page 13 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDPosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation Collocation installation within seventy-five (75) calendar Days of the receipt of all of CLEC's equipment. (See Arizona Colorado, Minnesota, Montana, Nebraska, New Mexico, Washington Utah and South Dakota SGA Ts for state-specfic Section 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 in 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 thanone 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. (See Colorado, Minnesota, Montana, Nebraska, New Mexico, and Utah SGA Ts for state-specfic Section 8.4.2.4.Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.2.4.1 and 8.4.2.4. 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. (See Colorado, Minnesota, Montana, Nebraska, New Mexico, and Utah SGATs for state-specfic Section Ordering - Caged and Cage less Physical Collocation 8.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.5 Qwest will perform a feasibility study to determine if adequate space, power, and HVAC can be found for the placement and operation 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 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 application is not complete , Qwest Page 132 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation shall notify CLEC of any deficiencies within ten (10) calendar Days of the application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queuefor the requested Premises, CLEC must cure any deficiencies in its applicationand resubmit the application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation -- If Collocation entrance facilities and space are availableQwest will develop a quote for the supporting structure. Qwest will complete thequotation 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. (See Washington SGA for state-specfic Section 8.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, asdescribed 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 two (2) factors 1) whether CLEC provides its Acceptance within seven (7) calendar Days of receipt of the quotation; and, 2) whether the application requires majorinfrastructure additions or modifications. When Qwest is permitted to complete aCollocation 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. Where CLEC finds during a walk-through inspection that any requirements for use of the space previously identified on the Collocation Application have not been completed by Qwest, Qwest will remedy such defects within a reasonable period of time at its own expense. (See Arizona, Idaho, Iowa, Washington, Wyoming Oregon, and South Dakota SGA Ts for state-specfic Section 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 Acceptancewithin 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. (See Colorado, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Washington and Utah SGA Ts for state-specfic Section 4. 1) 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 of the application , and if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of theQwest 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 Qwest quotation , a new application Page 133 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation shall be resubmitted by CLEC. (See Colorado, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Washington and Utah SGA Ts for state-specfic Section 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 application, and if CLEC provides a complete Acceptance within seven (7) calendar Days after receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete Collocation Application. (See Arizona, South Dakota, Colorado, Minnesota, Montana, Nebraska, New Mexico, North Dakota, and Utah SGA Ts for state-specfic Section 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 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. (See Arizona, South Dakota, Colorado, Minnesota, Montana, Nebraska, New Mexico, North Dakota, and Utah state-specificSection 8.4.3.4.Intervals for Major Infrastructure Modifications Where NoForecast 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 in Sections 8.4.3.4.through 8.4.3.4.4 may be extended if required , toaccommodate major infrastructure modifications. When major infrastructure modifications as described above are required , Qwest shall propose to complete its installation of the Collocation Arrangement within an interval of no more than one hundred and fifty (150) calendar Days after receipt of the complete Collocation Application. The need for, and the duration 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. (See Colorado, Minnesota, Montana, Nebraska, New Mexico, and Utah SGATs for state-specfic Section 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 Page 134 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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. (See Colorado, Minnesota, Montana, Nebraska, New Mexico, North Dakota and Utah SGA Ts for state-specfic Section Ordering - Interconnection Distribution Frame (lCDF) 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 Premises. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete 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. The ICDF Collocation Application shall include a CLEC-provided eighteen (18) month forecast of demand , by DSO, DS1 and DS3 capacities, that will be terminated on the Interconnection Distribution Frame by Qwest on behalf of CLEC. Such forecasts shall be used by Qwest to determine the sizing of required tie cables and the terminations on each Interconnection Distribution Frame as well as the various other frames within the Qwest Wire Center. 8.4.4.If Qwest determines that the application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the 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 application and resubmit the Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.4.Quotation -- If space is available Qwest will develop a quote for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) calendar Days of providing the feasibility study. ICDF Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4., space will be reserved and construction by Qwest will begin. 8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two (2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the space was reserved, in accordance with Section 8.4.7 and 2) whether CLEC provides its Acceptance within seven (7) calendar Days of the quotation. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. Where CLEC finds during a walk-through inspection that any requirements for use of the space previously identified on the Collocation Application have not been completed by Qwest, Qwest will remedy such defects within a reasonable period of time at its own expense. Page 135 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation (See Colorado, Minnesota, Nebraska, New Mexico, Washington, Wyoming and Utah SGA Ts for state-specfic Section 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 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. (See Colorado, Nebraska, New Mexico, Utah Washington, and Minnesota SGA Ts for state-specfic Section 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 of the application, and if CLEC provides a complete acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of theQwest 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 more than thirty (30) days after receipt of the Qwest quotation, the application shall be resubmitted by CLEC. (See Colorado, New Mexico, Utah, Minnesota, Washington and Nebraska SGA Ts for state-specfic Section 8.4.4.4.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 application, and if CLEC provides a complete Acceptance within seven (7) calendar Days after receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete CollocationApplication. 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. (See South Dakota, Montana, Washington, Colorado, Minnesota, Nebraska, New Mexico, and Utah SGA Ts for state-specfic Section 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 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 mustbe 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. Page 136 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDose4 bv Owest.1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation (See South Dakota, Montana, Washington, Colorado, Minnesota, Nebraska, New Mexico, and Utah SGA Ts for state-specfic Section 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' application, and the construction by CLEC of the adjacent structure. If CLEC disputesthe interval proposed by Qwest Qwest must promptly petition the Commission for approval of such disputed interval. 8.4.If Adjacent Collocation is provided within an existing Qwest Premises, the ordering procedures and intervals for Physical Collocation shall apply. Ordering - Remote Collocation and Adjacent Remote Collocation 8.4.The ordering procedures and intervals for Physical Collocation or Virtual Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4.Remote Collocation and Adjacent Remote Collocation are ordered using the Remote Collocation Application Form. 8.4.If space for Physical Collocation or Virtual Collocation in a particular Qwest Remote Premises is not available at the time of CLEC's request , CLEC mayorder 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 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 application. 8.4.If Qwest determines that the application is not complete, Qwestshall notify CLEC of any deficiencies within ten (10) calendar Days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable Page 137 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its application and resubmit the application within ten (10) calendar Days after being advised of the deficiencies. (See Arizona and Washington SGATs for state-specfic Section 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. (See Arizona SGA for state-specfic Section 8.4.Acceptance -- There are two 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 (100010) of the quoted nonrecurringcharges 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. 8.4.2 CLEC-to-CLEC Connections using new cable rack. - Upon 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 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 complete application. 8.4.If Qwest determines that the application is not complete, Qwestshall notify CLEC of any deficiencies within ten (10) calendar Days of the application. Qwest shall provide sufficient detail so that CLEC has a reasonable Page 13 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~erline (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its application and resubmit the application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation - If existing cable racking is available , Qwest will provide CLECwith 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 quoteto 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 (100%) 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., Qwest will begin construction of the new cable rack. 8.4.8.4 Interval - The construction interval for Direct Connections shall be dependent upon whether the Direct Connection is to the COSMICTM frame requiring a MELDTM and or if new cable racking is required. 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 DS-O 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. 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 beensigned by CLEC and Qwest, and Qwest has received the final fifty percent (50010) balance, Qwest will activate CLEC transport services and/or UNEs or ancillary services coincident with completion of the Collocation. In the event Qwest has completed all associated construction activities and CLEC has not completed its associated activities (e., delivering fiber to the C-POI or providing the equipment cables for connecting to the Interconnection Distribution Page 139 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~erline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation 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 wherethe 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 canrequest Qwest to return and complete the splicing activity at the rate reflected in thisAgreement. 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 isReady for Service (RFS). Cooperative testing between CLEC and Qwest may be negotiated and performed to ensure continuity and acceptable transmission parameters in the facility and equipment. Billing - Caged and Cageless Physical Collocation Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remainingnonrecurring 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. Maintenance and Repair Virtual Collocation Maintenance Labor, Inspector Labor, Engineering Labor and Equipment Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time) and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and holidays. Installation and maintenance of CLEC's virtually collocated equipment will be performed by Qwest or a Qwest authorized vendor. Upon failure of CLEC'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 Page 140 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 8 Collocation greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC is responsible for transportation and delivery ofmaintenance 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 atthe Interconnection Distribution Frame and using industry accepted practices for its terminations. Additionally, CLEC is responsible for having jumper wire and tools forsuch 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. Page 141 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~erline (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS Issue No. 24 - Level 3 to propose alternate language or a note. Qwest proposed: General Terms Changes in law, regulations or other "Existing Rules" relating to Unbundled Network Elements (UNEs), including additions and deletions of elements Qwest is required to unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement by amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws, the Bona Fide RequestProcess, or Special Request Process (SRP), CLEC may identify and request that Qwest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act and otherApplicable Laws. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC or the state Commission. UNEs shall only be obtained for the provision of TelecommunicationsServices, which do not include telecommunications utilized by CLEC for its own administrative use. CLEC may not access UNEs for the exclusive provIsion of Mobile Wireless Services or Interexchange Services. If CLEC accesses and uses a UNE consistently with Section 9., CLEC may provide any Telecommunications Services over the same UNE. 1.4 To submit an order to obtain a high capacity Loop or transport UNE CLEC must undertake a reasonably diligent inquiry and , based on that inquiry, self- certify that, to the best of its knowledge, its request is consistent with the requirements discussed in Sections IV, V, and VI of the Triennial Review Remand Order and that it is therefore entitled to unbundled access to the particular Network Elements sought pursuant to section 251 (c)(3) of the Act. As part of such reasonably diligent inquiry, CLEC shall ensure that a requested unbundled DS 1 or DS3 Loop is not in a Wire Center identified on the list provided by Qwest of Wire Centers that meet the applicable non- impairment thresholds as specified in Section 9., and that a requested unbundled DS 1 DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found identified on the list of Wire Centers that meet the applicable non-impairment threshold as specified in Section 9.6. CLEC shall provide a letter or other mutually agreed upon form to document its compliance. CLEC will maintain appropriate records that document what CLEC relied upon to support its certification. 1.4.Upon receiving a request for access to a dedicated transport or high-capacity loop UNE that indicates that the UNE meets the relevant factualcriteria discussed in sections V and VI of the Triennial Review Remand Order Qwest must immediately process the request, if the UNE is in a location that does not meet the applicable non-impairment thresholds as specified in Section 2 or Section 9.6. To the extent that Qwest seeks to challenge any other such UNEs it subsequently can raise that issue through the dispute resolution procedures provided for in this Agreement. Page 142 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements If it is determined by CLEC or Qwest that CLEC's access to or use ofUNEs is inconsistent with Existing Rules, except due to change of law, CLEC has thirty (30) calendar Days to convert such UNEs to alternate service arrangements and CLEC is subject to back billing for the difference between rates for the UNEs and rates for the Qwest alternate service arrangements. CLEC is also responsible for all non-recurring charges associated with such conversions. When CLEC submits an order to convert a special access circuit to a UNE and that circuit has previously been exempt from the special access surcharge pursuant to 47 CFR 69.115, CLEC shall document in its certification when and how the circuit was modified to permit interconnection of the circuit with a local exchange subscriber line. 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 suchCommingling. 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 onthe grounds that the UNE or UNE Combination shares part of Qwest's network with access services. When a UNE and service are Commingled , the service interval for each facility being Commingled will apply only as long as a unique provisioning process is not required for the UNE or service due to the Commingling. Performance measurements and\or remedies do not applicable to the total Commingled arrangement but do apply to each facility or service ordered within the Commingled arrangement. Work performed by Qwest to provide Commingled services that are not subject to standard provisioning intervals will not be subject to performance measures and remedies, if any, contained in this Agreement or elsewhere , by virtue of that service inclusion in a requested Commingled service arrangement. Provisioning intervals applicable to services included within a requested Commingled service arrangement will not begin torun until CLEC provides a complete and accurate service request, necessary CFAs to Qwest, and Qwest completes work required to perform the Commingling Page 143 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements that is in addition to work required to provision the service as a stand-alone facility or service. Qwest will not combine or Commingle services or Network Elements that are offered by Qwest solely 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 and mid-span meet SPOI obtained pursuant to Section 7 of this Agreement are not available for Commingling. Ratcheting. To the extent that CLEC requests Qwest to commingle aUNE or a UNE Combination with one or more facilities or services that CLEC has obtained at wholesale from Qwest pursuant to a method other than unbundling under Section 251 (c)(3) of the Act, Qwest will not be required to bill that wholesale circuit at multiple rates, otherwise known as ratcheting. Such commingling will not affect the prices of UNEs or UNE Combinations involved. To the extent a multiplexed facility is included in a Commingled circuit then: (1) the multiplexed facility will be ordered and billed at the UNE rate if and only if all circuits entering the multiplexer are UNEs and (2) in all other situations the multiplexed facility will be ordered and billed pursuant to the appropriate Tariff. Service Eligibility Criteria The following Service Eligibility Criteria apply to combinations and/or Commingling of high capacity (DS1 and DS3) Loops and interoffice transport (high capacity EELs). This includes new UNE EELs , EEL conversions (including commingled EEL conversions), or new commingled EELs (e., high capacity loops attached to special access transport). 10.Except as otherwise provided in this Section 9., Qwest shall provide access to Unbundled Network Elements and Combinations of Unbundled Network Elements without regard to whether CLEC seeks access to the Unbundled Network Elements to establish a new circuit or to convert an existing circuit from a service to Unbundled Network Elements. 10.CLEC must certify that the following Service Eligibility Criteria are satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a Commingled circuit that includes a high capacity Loop and transport facility or service. Such certification shall be in accordance with all of the following Sections. 10.State Certification. CLEC has received state certification to provide local voice service in the area being served or, in the absence Page 144 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bol!!...!I.n.!!u!jne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements of a state certification requirement, has complied with registration tariffing, filing fee, or other regulatory requirements applicable to the provision of local voice service in that area. 10.Per Circuit Criteria. The following criteria are satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS 1-equivalent circuit on a DS3 EEL: 10.Telephone Number Assignment. Each circuit to provided to each End User Customer will be assigned a local telephone number prior to the provision of service over that circuit. This requires that each DS1 circuit must have at least one (1) local telephone number and each DS3 circuit has at least twenty-eight (28) local telephone numbers. The origination and termination of local voice traffic on each local telephone number assigned to a circuit shall not include a toll charge and shall not require dialing special digits beyond those normally required for a local voice call. CLEC will provide local telephone number assignments by circuit; 10.2.4 911 or E911. Each circuit to be provided to each End User Customer will have 911 or E911 capability prior to the provision of service over that circuit. CLEC will provide evidence of 911 or E911 capability for each circuit to be provided to each End User Customer. 10.Collocation. CLEC will provide evidence that each circuit terminates in a Collocation arrangement by providing the associated CFA. In addition:a) Each circuit to be provided to each End User Customer will terminate in a Collocation arrangement that is established pursuant to Section 251 (c)(6) of the Act and located at Qwest'Premises within the same LATA as the End User Customer s premises when Qwest is not the collocator, and cannot be at an Interexchange Carrier POP or ISP POP location;b) Each circuit to be provided to each End User Customer will terminate in a Collocation arrangement that is located at the third party s premises within the same LATA as the End User Customer s premises, when Qwest is the collocator; andc) When a DS1 or DS3 EEL Loop is connected to a multiplexed facility, the multiplexed facility must be terminated in a Collocation arrangement that is established pursuant to Section 251 (c)(6) of the Act and located at Qwest's Premises within the same LATA as the End User Customer s premises, when Qwest is not the collocator, and cannot be at an Interexchange Carrier POP or ISP POP location. 10.Interconnection Trunking. CLEC must arrange for the meaningful exchange of traffic which must include hand-offs of local voice calls that flow in both directions. Those arrangements that do not include Page 145 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements two way LIS trunks cannot be attributed towards satisfaction of this criterion. CLEC will identify the Interconnection trunk(s) satisfying this criterion. At a minimum , each DS1 circuit must be served by a DSOequivalent LIS trunk in the same LATA and state as the End User Customer served by the circuit. For each twenty-four (24) DS1 circuits CLEC must maintain at least one (1) active DS1 LIS trunk in the same LATA and state as the End User Customer served by the circuit. 10.1 Calling Party Number. Each circuit to be provided to each End User Customer will be served by an Interconnection trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk. For each twenty- four (24) DS1 EELs or other facilities having equivalent capacity, CLEC will have at least one (1) active DS1 LIS trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk. If the Calling Party Number is not exchanged over an Interconnection trunk, that trunk shall not be counted towards meeting this criteria. For each circuit, CLEC will identify the Interconnection trunk satisfying this criterion. 10.End Office Switch. Each circuit to be provided to each End User Customer will be served by an End Office Switch capable of switching local voice traffic. CLEC must certify that the switching equipment is either registered in the LERG as a Class 5 Switch or that it can switch local voice traffic. CLEC will provide written documentation of the Switch type and CLLI code for the Switch satisfying this criterion. 10.With each order, CLEC must provide certification and theidentified supporting information to Qwest through a certification letter, or other mutually agreed upon communication, that each individual high capacity loop in combination, or Commingled, with a Qwest-provided high capacity transport facility or service, meets the Service Eligibility Criteria set forth above before Qwest will provision or convert the high capacity facility in combination or Commingled. 10.4 CLEC's high capacity combination or Commingled facility Service Eligibility shall remain valid only so long as CLEC continues to meet the Service Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high capacity combination or Commingled facility is no longer valid CLEC must submit a service order converting the facility to the appropriate private line/special access service within thirty (30) Days. 10.Service Eligibility Audits. In order to confirm reasonable compliance with these requirements , Qwest may perform Service Eligibility Audits of CLEC'records. Service Eligibility Audits shall be performed accordance with the following guidelines: 10.Qwest may, upon thirty (30) Days written notice to CLEC that has purchased high capacity combination and Commingled facilities conduct a Service Eligibility Audit to ascertain whether those high capacity facilities were eligible for UNE treatment at the time Page 146 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Provisioning or conversion and on an ongoing basis thereafter. 10.CLEC shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest and shall maintain and provide Qwest with relevant records (e., network and circuit configuration data, local telephone numbers) which demonstrate that CLEC'high capacity combination and Commingled facilities meet the Service Eligibility Criteria. 10.An independent auditor hired and paid for by Qwest shall perform any Service Eligibility Audits, provided , however, that if a Service Eligibility Audit reveals that CLEC'high capacity combination and Commingled facility circuit(s) do not meet or have not met the Service Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of theaudit. To the extent the independent auditor report concludes that CLEC complied in all material respects with the Service Eligibility Criteria Qwest shall reimburse CLEC for its costs associated with the Service Eligibility Audit. 10.5.4 An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AI CPA) and during normal business hours unless there is a mutual agreement otherwise. 10.Qwest shall not exercise its Service Eligibility Audit rights with respect to CLEC (excluding Affiliates), more than once in any calendar year, unless an audit finds non-compliance. If a Service Eligibility Audit does find non-compliance, Qwest shall not exercise its Service Eligibility Audit rights for sixty (60) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-compliance then Qwest shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year. 10.At the same time that Qwest provides notice of a Service Eligibility Audit to CLEC under this paragraph , Qwest shall send a copy of the notice to the Federal Communications Commission. 10.Service Eligibility Audits conducted by Qwest for the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that Qwest may have pursuant to other provisions of this Agreement. 10.Qwest shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Qwest shall not require a Service Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. 10.CLEC shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. Page 147 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 10.10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above, the CLEC must convert all non-compliant circuitsto private line/special access circuits and CLEC must true-up any difference in payments within thirty (30) days 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 element will be equal between all Carriers requesting access to that element; second , where Technically Feasible, the access and Unbundled Network Element provided by Qwest will be provided in substantially the same time and manner" to that which Qwest provides to itself or to its Affiliates. In those situations where Qwest does not provide access to Network Elements to itself, Qwest will provide access in a manner that provides CLEC with a meaningful opportunity to compete. For the period of time Qwest provides access to CLEC to an Unbundled Network Element, CLEC shall have exclusive use of the Network Element, except when the provisions herein indicate that a Network Element will be shared. Notwithstanding the foregoing, Qwest shall provide access and UNEs at the service performance levels set forth in Section 20. Notwithstanding specific language in other sections of this Agreement , all provisions of this Agreement regarding Unbundled Network Elements are subject to this requirement. In addition Qwest shall comply with all state wholesale service quality requirements. If facilities are not available, Qwest will build facilities dedicated to an End User Customer if Qwest would be legally obligated to build such facilities to meet its Provider of Last Resort (POLR) obligation to provide basic Local Exchange Service or its Eligible Telecommunications Carrier (ETC) obligation to provide primary basic Local Exchange Service. CLEC will be responsible for any construction charges for which an End User Customer would be responsible. In other situations, Qwest does not agree that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant to Section 9.19 of this Agreement. Upon receipt of an LSR or ASR, Qwest will follow the same process that it would follow for an equivalent retail service to determine if assignable facilities exist that fit the criteria necessary for the service requested. If available facilities are not readily identified through the normal assignment process, but facilities can be made ready by the requested Due Date, CLEC will not receive an additional FOC , and the order Due Date will not be changed. If cable capacity is available , Qwest will complete incremental facility work (i.e., conditioning, place a drop, add a Network Interface Device , and other routine network modifications as described below) in order to complete facilities to the End User Customer s premises. Qwest shall make all routine network modifications to unbundled Loop and transport facilities used by CLEC where the requested loop or transport facility has already been constructed. Qwest shall perform these routine network modifications to unbundled Loop or transport facilities in a non-discriminatory fashion, without regard to whether the Loop or transport facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier. A routine network modification is an activity that Qwest Page 148 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements regularly undertakes for its own retail End User Customers. Routinenetwork modifications include, but are not limited to, rearranging or splicing of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that Qwest ordinarily attaches to a DS 1 loop to activate such loop for its own retail End User Customer. They also include activities needed to enable CLEC to light a dark fiber transport facility. Routine network modifications may entail activities such as accessing manholes, deploying bucket trucks to reachaerial cable, and installing equipment casings. Routine network modifications do not include the installation of new aerial or buried cable for CLEC. 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 CLECanother FOC with a new Due Date. If facilities are not available and no engineering job exists that could fill the request in the future, Qwest will treat CLECs request as follows: For UNEs that meet the requirements set forth in Section 9., CLEC will receive a jeopardy notice. Qwest will initiate an engineering job order for delivery of primary service to the End UserCustomer. 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 in 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 $100 000 in total cost the estimated Ready for Service Date , the number of pairs or fibers added, and the location of the new facilities (e., Distribution Area for copper distribution route number for copper feeder, and termination CLLI codes for fiber). CLEC acknowledges that Qwest does not warrant or guarantee the estimated Ready for Service Dates. CLEC also acknowledges that funded Qwest outside plant engineering jobs may be modified or cancelled at any time. Intentionally Left Blank. Intentionally Left Blank. Page 149 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 1.4 Qwest will provide a connection between Unbundled Network Elements and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element and the ICDF or other Central Office Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shall be:a) at CLEC-provided Cross Connection equipment located in CLEC's Virtual or Physical Collocation Space; orb) if CLEC elects to use ICDF 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; ord) if CLEC elects to use a direct connection from its Collocation space to the distribution frame serving a particular element, at the distribution frame; or at another Central Office Demarcation Point mutually-agreed to by the Parties. 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 Qwest provides to itself. Qwest will provide CLEC with all of the features and functionalities of a particular element or combination of elements (regardless of whether such combination of elements is ordered from Qwest in combination or as elements to be combined by CLEC), so that CLEC can provide any Telecommunications Services that can be offered by means of such element or combination of elements. Qwest will provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such elements to provide any Telecommunications Services. Qwest shall not in any way restrict CLEC's use of any element or combination of elements (regardless of whether such combination of elements is ordered from Qwest in combination or as elements to be combined by CLEC) except as Qwest may be expressly permitted or required by Existing Rules. Except as set forth in Section 9., the UNE Combinations Section , Qwest provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this paragraph are contained in Exhibit A to this Agreement. When elements are provisioned by Qwest on an individual element basis (whether or not such elements are combined by CLEC with other elements provided by Qwest or CLEC):a) Qwest will perform testing necessary or reasonably requested by CLEC to determine that such UNE is capable of meeting the technical parameters established for each UNE.b) Qwest will repair and maintain such element to ensure that UNE continues to meet the technical parameters established for each UNE. CLEC responsible for the end-to-end transmission and circuit functionality testing for UNE Combinations created by CLEC. Page 150 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elementsc) 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 C. Maintenance and repair is described herein. The repair center contact telephone numbers are provided in the PCA T, 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 changesmay result in minor changes to transmission parameters. Network maintenance and modernization activities will result in UNE transmission parameters that are within transmission limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect network Interoperability pursuant to applicable FCC rules. Changes that affect network Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits and new area code implementation. FCC rules are contained in CFR Part 51 and 52. Qwest provides such disclosures on an Internet web site. 10 Channel Regeneration. Qwest's design will ensure the cable between the Qwest- provided active elements and the DSX will meet the proper signal level requirements. Channel regeneration will not be charged for separately for Interconnection between a Collocation space and Qwest's network. Cable distance limitations are based on ANSI Standard T1.102-1993 Digital Hierarchy - Electrical Interface; Annex B. 11 Exhibit A of this Agreement contains the rates for Unbundled Network Elements. 12 Miscellaneous Charges are defined in the Definitions Section. Miscellaneous Charges are in addition to nonrecurring and recurring charges set forth in Exhibit A. Miscellaneous Charges apply to activities CLEC requests Qwest perform , activities CLEC authorizes, or charges that are a result of CLECs actions, such as cancellation charges or expedite charges. Rates for Miscellaneous Charges are contained in Exhibit A. Unless otherwise provided for in this Agreement, no additional charges will apply. 13 Intentionally Left Blank. Page 151 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements (Negotiations Template: specific Section 9. 1.13. See Minnesota, Oregon and Washington SGA Ts for state 14 Intentionally Left Blank. (Negotiations Template: See South Dakota and Washington SGA Ts for state specific Section 9. 1. 14.15 Expedite requests for designed Unbundled Network Elements are allowed. Expedites are requests for intervals that are shorter than the interval defined in Qwest's Service Interval Guide (SIG) or Individual Case Basis (ICB) due date. 15.CLEC will request an expedite for designed Unbundled NetworkElements, including an expedited Due Date, on the Local Service Request (LSR) or the Access Service Request (ASR), as appropriate. 15.The request for an expedite will be allowed only when the request meets the criteria outlined in the Pre-Approved Expedite Process in Qwest's Product Catalog for expedites at Qwest's wholesale web-site. 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 UserCustomers 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 that are necessary for the full functionality of the loop (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, DS1 , and DS3 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 and FTTC Loops. For purposes of this Section, a Fiber-to-the- Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or lit, and serving an End User Customer s Premises, or, in the case of predominantly residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to a copper distribution plant loop that is not more than 500 feet from the End User Customer s Premises or, in the case of predominantly residential MDU , not more than 500 feet from the MDU'MPOE. The fiber optic cable in a FTTC must connect to a copper distribution plant loop at a serving area interface from which every other copper distribution subloop also is not more than 500 feet from the respective End User Customer s Premises. FTTH/FTTC New Builds. Qwest shall have no obligation to provide access to an FTTH/FTTC loop as an Unbundled Network Element in any situation where Qwest deploys such a loop to an End User Customer s Premises Page 152 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ine (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements that had not previously been served by any loop facility prior to October 2 2003. FTTH/FTTC Overbuilds. Qwest shall have no obligation to provide access to an FTTH/FTTC 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/FTTC 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/FTTC loop to such Premises, and (ii) upon request provide access to such copper loop as an Unbundled Network Element. Notwithstanding the foregoing, Qwest shall not be required to incur any expense to ensure that any such existing copper loop remains capable of transmitting signals prior to receiving a request from CLEC for access, as set forth above, in which case Qwest shall restore such copper loop to serviceable condition on an Individual Case Basis. Any such restoration shall not be subject toPerformance 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/FTTC loop to a 64 kbps transmission path capable of voice grade service. Retirement of Copper Loops or Copper Subloops and Replacement with FTTH/FTTC Loops. In the event Qwest decides to replace any copper loop or copper Subloop with a FTTH/FTTC Loop, Qwest will: (i)provide notice of such planned replacement on its web site (www.qwest.com/disclosures); (ii) provide e-mail notice of such planned retirement to CLECs; and (iii) 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. accordance with the FCC's rules: (i) a CLEC objection to a Qwest notice that it plans to replace any copper Loop or copper subloop with a FTTH/FTTC 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. Page 153 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~erline (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Broadband Services. When CLEC seeks access to a Hybrid Loop for the provision of broadband services, including DS1 or DS3 capacity, but not DSL Qwest shall provide CLEC with non-discriminatory access on an unbundled basis to time division multiplexing features, functions, and capabilities of that Hybrid Loop, only where impairment has been found to exist 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 , functionsand 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 non-discriminatory 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. (Negotiations Template: See Colorado and Minnesota SGA Ts for state specific Section 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 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. Page 154 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements If Qwest uses Integrated Digital Loop Carrier (lDLC) systems to provide the Unbundled Loop, Qwest will first attempt, to the extent possible, tomake alternate arrangements such as Line and Station Transfers (LST), to permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not available, Qwest may also seek alternatives such as Integrated Network Access (lNA), 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 provision Unbundled Loops over the IDLC in order to provide the Unbundled Loop for CLEC. In areas where Qwest has deployed amounts of IDLC 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 ofsuch available copper facilities. Qwest shall be entitled to mediate access in a manner reasonably related to the need to protect Confidentialor Proprietary Information. CLEC shall be responsible for Qwest's incremental costs to provide such information or access mediation. If there are state service quality rules in effect at the time CLEC requests an Analog Unbundled Loop, Qwest will provide an Analog Unbundled Loop that meets the state technical standards. If necessary to meet the state standards, Qwest will, at no cost to CLEC , remove load coils and Bridged Tapsfrom the Loop in accordance with the requirements of the specific technical standard. Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI) ISDN Capable Loops, 2/4 Wire Non-Loaded Loops, ADSL Compatible Loops and xDSL- 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 requisiteservice. Digital Loops may use a single or multiple transmission technologies. 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. (Negotiations Template: See Arizona, Colorado and Minnesota SGA Ts for state specific Section ntentionally Left Blank. DS1 Unbundled Loops. Subject to the cap described Section 9., Qwest shall provide CLEC with non-discriminatory access to a DS 1 Loop on an unbundled basis to any building not served by a Wire Center with at least 60 000 Business Lines and at least four (4) Fiber-based Collocators. Once a Wire Center exceeds both of these thresholds, no future DS1 Loop unbundling will be required in that Wire Page 155 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ine (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Center. Cap on Unbundled DS1 Loop Circuits. CLEC may obtain a maximum of ten (10) unbundled DS1 Loops to any single building in which DS 1 Loops are available as Unbundled Loops. DS3 Unbundled Loops. Subject to the cap describedin Section 9., Qwest shall provide CLEC with non- discriminatory access to a DS3 Loop on an unbundled basis to any building not served by a Wire Center with at least 38 000 Business Lines and at least four (4) Fiber-based Collocators. If a Wire Center exceeds both of these thresholds, no future DS3 Loop unbundling is required in that Wire Center. Cap on Unbundled DS3 Loop Circuits. CLEC may obtain a maximum of a single unbundled DS3 Loop to any single building in which DS3 Loops are available as unbundled Loops. Qwest shall make a list available to CLEC of those Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. 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 potentialfor an LST or alternative copper facility. If no copper facility capable of supporting the requested service is available, then Qwest will reject the order. 2.4 Non-Loaded Loops. CLEC may request that Qwest provide a non-loaded Unbundled Loop. In the event that no such facilities are available, CLEC may request that Qwest condition existing spare facilities. CLEC may indicate on the LSR that it pre- approves conditioning if conditioning is necessary. If CLEC has not pre-approved conditioning, Qwest will obtain CLEC's consent prior to undertaking any conditioningefforts. Upon CLEC pre-approval or approval of conditioning, and only if conditioning is necessary, Qwest will dispatch a technician to condition the Loop by removing load coils and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC will be charged the nonrecurring conditioning charge (i.e., cable unloading and Bridged Taps removal), if applicable, in addition to the Unbundled Loop installation nonrecurring charge. (Negotiations Template: See Colorado and Minnesota SGA Ts for state specific Section 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 Page 156 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~line (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements parameters applicable to such Loop as this Agreement requires Qwest to deliver it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a credit of all conditioning charges, except where CLEC asks Qwest to cure any defect and Qwest does so. In the case of such cure , CLEC shall be entitled to the one-half (1/2) credit identified above. (Negotiations Template: See Arizona, Colorado, Minnesota, Oregon, Utah and Washington SGA Ts for state specific Section When CLEC requests a Basic Rate ISDN capable or an xDSL-capable Loop, Qwest will dispatch a technician , if necessary, to provide Extension Technology that takes into account for example: the additional regenerator placement, Central Office powering, Mid-Span repeaters, if required , and BRITE cards in order to provision the Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be required in order to bring the circuit to the specifications necessary to accommodate the requested service. If the circuit design requires Extension Technology, to bring it up to the design standards, it will be added by Qwest, at no charge. Extension Technology can also be requested by CLEC to meet its specific needs. If Extension Technology is requested by CLEC, but is not required to meet the technical standards , then Qwest will provide the requested Extension Technology and will charge CLEC. Qwest will provision ISDN (BRI) capable and xDSL-capable Loops using the specifications in the Technical Publication 77384. Refer to that document for more information. CLEC will be charged an Extension Technology recurring charge in addition to the Unbundled Loop recurring charge, if applicable , as specified in Exhibit A of this Agreement. The ISDN Capable Loop may also require conditioning (e., removal of load coils or Bridged Taps). For DS1 or DS3 capable Loops, Qwest will provide the necessary electronics at both ends , including any intermediate repeaters. In addition, CLEC will have access to these terminations for testing purposes. DS1 capable Loops provide a transmission path between a Central Office network interface at a DS 1 panel or equivalent in a Qwest serving Central Office and the network interface at the End User Customer location. DS1 capable Loops transport bi-directional DS 1 signals with a nominal transmission rate of 1.544 MbiUs. DS1 capable Loops shall meet the design requirements specified in Technical Publication 77384 (Unbundled Loops) and 77375 (DS1). DS3 capable Loops provide a transmission path between a Qwest Central Office network interface and an equivalent network interface at an End User Customer location. DS3 capable Loops transport bi-directional DS3 signals with a nominal transmission rate of 44.736 MbiUs. DS3 capable Loops shall meet the design requirements specified in Technical Publications 77384 (Unbundled Loop) and 77324 (DS3). Qwest is not obligated to provision BRI-ISDN , xDSL-I-capable, DS1 , DS3- capable, or ADSL-compatible Loops to End User Customers in areas served exclusively by Loop facilities or transmission equipment that are not compatible with the requested service. Loop Qualification Tools. Qwest offers five (5) Loop qualification tools: Page 157 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements the ADSL Loop Qualification Tool Raw Loop Data Tool POTS Conversion to Unbundled Loop Tool, MegaBit Qualification Tool, and ISDN Qualification Tool. These and any future Loop qualification tools Qwest develops will provide CLEC access to Loop qualification information in a nondiscriminatory 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 the IMA Raw Loop Data Tool for Loop specific information. The IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This tool provides CLEC the following information: Wire Center CLLI code, cable name, pair name, terminal address ML T distance segment (F1 , F2), sub- segment (e., 1 of F1), segment length, segment gauge , Bridged Taps length by segment, Bridged Taps offset distance, load coil type, number of loads, and pair gain type. POTS Conversion to Unbundled Loop Tool. The POTS Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and whether there are load coils on the Loop.8.4 DSL Qualification Tool. The DSL Qualification Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer regarding the Loop ability to support Qwest DSL service. If the DSL Qualification Tool returns a "" answer, it provides a brief explanation. ISDN Qualification Tool. The ISDN Qualification Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEC to view information on multiple lines and will inform CLEC of the number of lines found. If an ISDN capable Loop is found, the tool identifies the facility and, if applicable pair gain. If the Loop make-up information for a particular facility is not contained in the Loop qualification tools, if the Loop qualification tools return unclear or incomplete information , or if CLEC identifies any inaccuracy in the information returned from the Loop qualification tools, and provides Qwest with the basis for CLEC's belief that the information is inaccurate, then CLEC may request, and Qwest will perform a manual search of the company s records , back Page 158 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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's 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. (Negotiations Template: See Colorado SGA for state specific Section (Negotiations Template: See Arizona and Minnesota SGA Ts for state specific Section 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. Quick Loop is not available with cooperative testing, coordinated installation, or when unbundling from an IDLC to a copper alternative. Page 159 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 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 ImplementorlTester perform the required performance tests to ensure that the new circuit meets required parameter limits. The Qwest ImplementorlTester 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 ImplementorlTester on close-out. Within two (2) business days Qwest will email the performance test results to a single, designated CLEC office email address. Coordinated Installation With Cooperative Testing. Coordinated Installation With Cooperative Testing may be ordered for new or existing service. For both new and existing service , CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated Appointment Time , the Qwest ImplementorlTester contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of the scheduled Appointment Time, then CLEC must reschedule the installation by submitting a supplemental LSR for a new Due Date and Appointment Time. If Qwest is not ready within thirty (30) minutes 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'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 ImplementorlTester will contact CLEC, read the Qwest test results, and begin CLEC cooperative testing. Within two (2) business days, Qwest will email the Qwest test results to a single, designated CLEC office email address. CLEC will be charged for any Provisioning test CLEC requests that is not defined in the Qwest Technical Publication 77384. Page 160 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 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 ImplementorlTester will contact CLEC, read the Qwest test results, and begin CLEC cooperative testing. Within two (2) business days, Qwest will email the Qwest test results to a single, designated CLEC office emailaddress. 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 ImplementorlTester contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of the scheduled Appointment Time, then CLEC must reschedule the installation by submitting a supplemental LSR. If Qwest is not ready within thirty (30) minutes of the scheduled Appointment Time, Qwest will waive the nonrecurring charge for the installation option and the Parties will attempt to set a new Appointment Time on the same day and , if unable to do so, Qwest will issue a jeopardy notice and a FOC with a new Due Date. 9.4.For an existing Unbundled Loop this Coordinated Installation Without Cooperative Testing is a "lift and lay" procedure without a dispatch that offers CLEC the ability to coordinate the conversion activity. The Qwest Implementor advises CLEC when the "lift and lay" procedure is complete. 9.4.For new Unbundled Loops, Qwest may dispatch a technician to terminate the new circuit at the End User Customer premises. The Field Technician will not remain on the premises perform the coordinated installation once the circuit is in place. The COT completes the installation in the Central Office, and the COT and ImplementorlTester 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 toCLEC. Upon completion of Qwest performance testing, the Qwest ImplementorlTester will contact CLEC, read the Qwest test results, and begin CLEC cooperative testing. Within two (2) business days, Qwest will Page 161 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 erms ~erline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements email the Qwest test results to a single, designated CLEC office emailaddress. CLEC and Qwest will perform a loop back acceptance test accept the Loop and exchange demarcation information. For new End User Customer service Basic Installation With Cooperative Testing may require a dispatch to the End User Customer premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure the new circuit meets the required parameter limits. If Qwest fails to perform cooperative testing due to Qwest's fault, Qwest will waive the nonrecurring charge for the installation option. If CLEC still desires cooperative testing, the Parties will attempt to set a new Appointment Time on the same day and , if unable to do so Qwest will issue a jeopardy notice and a FOC with a new Due Date. Performance Testing. performance tests for various Loop types: Qwest performs the following a) 2-Wire and 4-Wire Analog Loops No Opens, Grounds, Shorts , or Foreign Volts Insertion Loss = 0 to -5 dB at 1004 Hz Automatic Number Identification (ANI) when dial-tone is present b) 2-Wire and 4-Wire Non-Loaded Loops No Load Coils, Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = 0 to -5 dB at 1004 Hz Automatic Number Identification (ANI) when dial-tone is present c) Basic Rate ISDN and xDSL-Capable Loops No Load Coils, Opens , Grounds , Shorts, or Foreign Volts Insertion Loss = ::; 40 dB at 40 kHz Automatic Number Identification (ANI) when dial-tone is present d) DS 1-Capable Loops No Load Coils , Opens, Grounds, Shorts, or Foreign Volts e) DS3-Capable Loops Continuity Testing f) ADSL-Compatible Loops Page 162 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 Unbundled DS1-capable Unbundled DS3-capable or twenty-five (25) or more DSO Unbundled Loops. The date and time for the Project Coordinated Installation requires up-front planning and may need to be negotiated between Qwest and CLEC. All requests will be processed on a first come, first served basis and are subject to Qwest'ability to meet a reasonable demand. Considerations such as system down time, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same Frame Due Time (FDT) in the same Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Qwest will negotiate with CLEC for an agreed upon FDT prior to issuing the Firm Order Confirmation (FOC). In special cases where CLEC is ordering Unbundled Loop with LNP , the FDT must be agreed upon, the interval to reach agreement will not exceed two (2) days from receipt of an accurate LSR. In addition, standard intervals will apply. CLEC shall request a Project Coordinated Installation by submitting a Local Service Request (LSR) and designating this order as a Project Coordinated Installation in the remarks section 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's 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 Page 163 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements of the negotiated FDT, Qwest may be charged by CLEC one (1) Person three (3) hour minimum charge as set forth in Exhibit A. If CLEC orders Project Coordinated Installation with LNP and in the event the LNP conversion is not successful , CLEC and Qwest agree to isolate and fix the problem in a timeframe acceptable to CLEC or the End User Customer. If the problem cannot be corrected within an acceptable timeframe to CLEC or the End User Customer CLEC may request the restoral of Qwest service for the ported End User Customer. Such restoration shall begin immediately upon request. CLEC is in error then a supplemental order shall be provided to Qwest. Qwest is in error, no supplemental order or additional order will be required of CLEC. If CLEC orders Project Coordinated Installation with LNP, Qwest shall ensure that any LNP order activity requested conjunction with a Project Coordinated Installation shall be implemented in a manner that avoids interrupting service to the End User Customer.10 CLEC may request Qwest to Commingle DS 1 or DSO analog voice grade unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Qwest' special access or private line Tariffs. Terms and conditions for this Commingled arrangement are provided in Section 9.23.8 of this Agreement.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 minorchanges to transmission parameters. Changes that affect network Interoperability require advance notice pursuant to the Notices Section of this Agreement.12 If there is a conflict between an End User Customer (or its respective agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops Qwest will advise the End User Customer to contact CLEC, and Qwest will initiate contact with CLEC.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User Customer up to and including the Loop Demarcation Point are the property of Qwest. 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. ntentionally Left Blank. Reuse of Loop Facilities Page 164 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 toCLEC. 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. Qwestwill disconnect the Loop Qwest provided the Current Service Provider and, at CLEC's request , where technically compatible, will reuse the Loop for the service requested by CLEC (e., resale service). 15.When CLEC contacts Qwest with a request to convert an End User Customer from Qwest to CLEC, at CLEC request, Qwest will reuse the existing Loop facilities for the service requested by CLEC to the extent those facilities are technically compatible with the service to be provided. Upon CLEC request, Qwest will condition the existing Loop in accordance with the rates set forth in Exhibit A. 15.4 Upon completion of the disconnection of the Loop, Qwest will send a Loss Notification report to the original competitive Carrier signifying completion of the loss.16 Lack of Facilities; Priority Right to Facilities. In the event Qwest notifies CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest shall maintain the order as pending for a period of thirty (30) business days. If facilities become available to fill the order within that thirty (30) business day period, Qwest shall notify CLEC of such availability. CLEC and Qwest acknowledge that the availability of facilities hereunder is on a first come , first served basis. Any facility orders placed by any other provider, including Qwest, which predate CLEC's order shall have priority for any facilities made available under the terms of this section. Rate Elements The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A of this Agreement. Recurring charges vary based on CLEC selected installation options 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. DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN , ADSL Compatible Loop and xDSL-Capable Loop Recurring and Nonrecurring rates. . . 1 DSO , DS1 , and DS3-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 Page 165 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Capable Loops, including Basic Rate (BRI) ISDN and xDSL-Capable Loops. (Negotiations Template: See Minnesota SGA for state specific Section 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.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 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 Page 166 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements offer. If CLEC or Qwest determines that conditioning is necessary, and CLEC authorizes Qwest to perform the conditioning, Qwest will perform the conditioning. CLEC will be charged for the conditioning in accordance with the rates in Exhibit A. If Qwest determines that conditioning is necessary and CLEC has not previously authorized Qwest to perform the conditioning on the LSR, Qwest will send CLEC a rejection notice indicating the need to obtain approval for conditioning. CLEC must submit a revised LSR before the conditioning work will commence. OnceQwest 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-I-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. In this scenario, the Application Date will correspond to the date the new version is received by Qwest. 2.4. 2.4.2.4 Intentionally Left Blank. Intentionally Left Blank. 2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C. The interval will start when Qwest receives a complete and accurate LSR. The LSR date is considered the start of the service interval if the order is received prior to 7:00 m. 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 that is complete and accurate Qwest will reply to CLEC with a Firm Order Confirmation within the time specified in Section 20. The Firm Order Confirmation will contain the Due Date that specifies the date on which Qwest will provision the Loop. Qwest will implement adequate processes and procedures to assure the accuracy of the commitment date. If Qwest must make changes to the commitment date, Qwest will promptly issue jeopardy notification to CLEC that will clearly state the reason for the change commitment date. Qwest will also submit a new Firm Order Confirmation that will clearly identify the new Due Date. Page 167 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 provided the service originates at CLEC's Collocation in the Serving Wire Center. The Loop conversion ordering process applies. 2.4.ntentionally Left Blank. 2.4.When ordering Unbundled Loops , CLEC is responsible for obtaining or providing facilities and equipment that are compatible with the service CLEC seeks to provide. 2.4. the Loop. The installation interval for xDSL Loops depends on the need to condition 2.4.When load coils and Bridged Taps do not exist CLEC may request the standard Due Date interval, which will apply upon submission of a complete and accurate LSR. 2.4.When load coils and/or Bridged Taps do exist, CLEC will request the minimum fifteen (15) business days Desired Due Date. CLEC can determine the existence of load coils or Bridged Taps by using one of the Loop make-up tools. CLEC may pre-approve line conditioning on the LSR and , by doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did not request the fifteen (15) day interval and Qwest determines that conditioning is required, then the fifteen (15) business day interval starts when the need for conditioning is identified and CLEC approves the conditioning charges. 2.4.Out of Hours Coordinated Installations 2.4.10.For purposes of this Section , Qwest's standard installation hours are 8:00 a.m. to 5:00 p.Monday through Friday. Installations requested outside of these hours are considered to be Out of Hours Installations. 2.4.10.CLEC may request an Out of Hours Coordinated Installation outside of Qwest's standard installation hours. 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. 2.4.10.4 The date and time for Out of Hours Coordinated Installations may need to be negotiated between Qwest and CLEC because of system downtime, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same appointment times in the same Switch (Switch contention). Maintenance and Repair CLEC is responsible for its own End User Customer base and will have Page 168 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements the responsibility for resolution of any service trouble report(s) from its End UserCustomers. CLEC will perform trouble isolation on the Unbundled Loop and any associated ancillary services prior to reporting trouble to Qwest. CLEC shall have access for testing purposes at the NID or Loop Demarcation Point. Qwest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Qwest's network. Qwest and CLEC will report trouble isolation test results to the other. For Unbundled Loops, each Party shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 9.2 and 9. When CLEC requests that Qwest perform trouble isolation with CLEC , a Maintenance of Service charge will apply if the trouble is found to be on the End User Customer s side of the Loop Demarcation Point. If the trouble is on the End User Customer s side of the Loop Demarcation Point, and CLEC authorizes Qwest to repair the trouble on CLEC's behalf, Qwest will charge CLEC the appropriate Additional Labor Charges set forth in Exhibit A in addition to the Maintenance of Service charge. When CLEC elects not to perform trouble isolation and Qwest performs tests on the Unbundled Loop at CLEC's request, a Maintenance of Service charge shall apply if the trouble is not in Qwest's facilities. Maintenance and Repair processes are set forth in Section 12.3 of this Agreement. Maintenance of Service charges are set forth 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 NID for testing purposes where access at the Demarcation Point is not adequate to allow testing sufficient to isolate troubles; in the event that Qwest chooses not to allow such access , it shall waive any trouble isolation charges that may otherwise be applicable. Spectrum Management Qwest will provide 2/4 Wire non-loaded Loops, ADSL-compatible Loops ISDN-capable Loops , xDSL-I-capable Loops DS1-capable Loops , and DS3-capable Loops (collectively referred to in this Section 9.6 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 in compliance with FCC requirements and guidelines recommended by the Network Reliability and Interoperability Council (NRIC) to the FCC , such as guidelines set forth in T1-417. When ordering xDSL Loops, CLEC will provide Qwest with appropriate information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for the type of technology CLEC will deploy. CLEC also agrees to notify Qwest of any change in Advanced Services technology that results in a change in spectrum management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed Page 169 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 promptlytake action to bring its facilities/technology into compliance with industry standards. Upon request, within forty-eight (48) hours, Qwest will provide CLEC with binder group information including cable, pair, Carrier and PSD class to allow CLEC to notify the causing Carrier. If CLEC is unable to isolate trouble to a specific pair within the binder group, Qwest, upon receipt of a trouble resolution request , will perform a main frame pair by pair analysis and provide results to CLEC within five (5) business days. Intentionally Left Blank. Qwest will not have the authority to unilaterally resolve any dispute over spectral interference among Carriers. Qwest shall not disconnect Carrier services to resolve a spectral interference dispute, except when voluntarily undertaken by the interfering Carrier or Qwest is ordered to do so by the Commission or other authorized dispute resolution body. CLEC may submit any claims for resolution under Section 5. Page 170 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements of this Agreement. Where CLEC demonstrates to Qwest that it has deployed Central Office based DSL services serving a reasonably defined area, it shall be entitled to require Qwest to take appropriate measures to mitigate the demonstrable adverse effects on such service that arise from Qwest's use of repeaters or remotely deployed DSL service in that area. It shall be presumed that the costs of such mitigation will not be chargeable to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this presumption, which it may do by demonstrating to the Commission by a preponderance of the evidence that the incremental costs of mitigation would be sufficient to cause a substantial effect upon other Customers (including but not limited to CLECs securing UNEs) if charged to them. Upon such a showing, the Commission may determine how to apportion responsibility for those costs , including, but not limited to CLECs taking services under this Agreement. Subloop Unbundling Description An Unbundled Subloop is defined as the distribution portion of a copper Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a transmission facility between any point that it is Technically Feasible to access at terminals in Qwest's outside plant (originating outside of the Central Office), including inside wire owned or controlled by Qwest, and terminates at the End User Customerpremises. An accessible terminal is any point on the Loop where technicians can access the wire within the cable without removing a splice case to reach the wire within. Such points may include, but are not limited to, the pole, pedestal, Network Interface Device minimum point of entry, single point of Interconnection Remote Terminal Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not have access on an unbundled basis to a feeder subloop defined as facilities extending from the Central Office to a terminal that is not at the End User Customer 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. This section does not address Unbundled Dark Fiber MTE Subloop which is addressed in Section 9. (Negotiations Template: specific Section 3. 1. 1. See Minnesota and North Dakota SGA Ts for state 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 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 Page 171 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements reliability of the facilities of Qwest and other CLECs, (5) the engineering andoperations 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 whichit 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 Intentionally Left Blank Two-Wire/Four Wire Non-loaded Distribution Loop Intrabuilding Cable Loop Standard Subloop Access Accessing Subloops in Detached Terminals: Subloop unbundling is available after a CLEC-requested Field Connection Point (FCP) 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 Page 172 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements available after CLEC has notified Qwest of its intention to Subloop unbundle in the MTE, during or after an inventory of CLEC's terminations has been created and CLEC has constructed a cross connect field at the building terminal. 1.4 Field Connection Point 1.4.Field Connection Point (FCP) is a Demarcation Point that allows CLEC to interconnect with Qwest outside of the Central Office location where it is Technically Feasible. The FCP interconnects CLEC facilities to a terminal block within the accessible terminal. The terminal block allows a technician to access and combine Unbundled Subloop elements. When a FCP is required , it must be in place before Subloop orders are processed. 1.4.Placement of a FCP within a Qwest Premises for the sole purpose of creating a cross connect field to support Subloop unbundling constitutes a "Cross Connect Collocation. 1.4.The terms, conditions, intervals and rates for Cross Connect Collocation are found within Section 9. 1.4.To the extent that CLEC places equipment in a Qwest Premises that requires power and or heat dissipation , such Collocation is governed by the terms of Section 8 and does not constitute a Cross Connect Collocation. 1.4.A FCP arrangement can be established either within a Qwest accessible terminal, or, if space within the accessible terminal is legitimately exhausted and when Technically Feasible CLEC may place the FCP in an adjacent terminal. CLEC will have access to the equipment placed within the Collocation for maintenance purposes. However, CLEC will not have access to the FCP Interconnection point. MTE Point of Interconnection (MTE-POI) A MTE-POI is necessary when CLEC is obtaining access to the Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must create the cross connect field at the building terminal that will allow CLEC to connect its facilities to Qwest's Subloops. The Demarcation Point between CLEC and Qwest's facilities is the MTE-POI. Once a state has determined that it is Technically Feasible to unbundle Subloops at a designated accessible terminal , Qwest shall either agree to unbundle at such access point or shall have the burden to demonstrate , pursuant to the Dispute Resolution provisions of this Agreement, that it is not Technically Feasible, or that sufficient space is not available to unbundle Subloop elements at such accessible terminal. Qwest 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. Page 173 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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-typeservices. 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 (Le. , " 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. (Negotiations Template: See Minnesota SGA for state specific Section Intrabuilding Cable Loop: a Qwest-provided facility from the building terminal inside a MTE to the Demarcation Point at the End User Customer premises inside the same building. This Subloop element only applies when Qwest owns the intrabuilding cable.1.4 To the extent CLEC accesses 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. ntentionally 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 Connect Collocation, as defined in Section 9., refers to creation of a cross connect field Page 174 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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. (Negotiations Template: See Iowa, Minnesota, Montana, South Dakota and Washington SGA Ts for state specific Section If CLEC connects Qwest's Subloop element to CLEC's facilities using any temporary wiring or cut-over devices CLEC shall remove any remaining temporary wiring or cut-over devices and install permanent wiring within ninety (90) calendar Days. All wiring arrangements, temporary and permanent, must adhere to the National Electric Code. If there is no space for CLEC to place its building terminal or no accessible terminal from which CLEC can access such Subloop elements, and Qwest and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI) to serve the MTE 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. Qwest'obligation to construct a SPOI is limited to those MTEs where Qwest has distribution facilities to that MTE and owns, controls, or leases the inside wire at the MTE. In addition, Qwest shall have an obligation only when CLEC indicates that it Page 175 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements intends to place an order for access to an unbundled Subloop Network Element via aspal. In such instances , CLEC shall pay Qwest a nonrecurring charge, which shall be 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 Qwest must request a waiver from the Commission to obtain an extended interval. If Qwest must construct a new detached terminal that is fully accessible to and suitable for CLEC, the interval for completion shall be negotiated between the Parties on an Individual Case Basis. CLEC may cancel a request to construct an FCP or SPOI prior to Qwest completing the work by submitting a written notification via certified mail to its Qwest account manager. CLEC shall be responsible for payment of all costs previously incurred by Qwest as well as any costs necessary to restore the property to its original condition. At no time shall either Party rearrange the other Party s facilities within the MTE or otherwise tamper with or damage the other Party s facilities within the MTE. This does not preclude normal rearrangement of wiring or jumpers necessary to connect inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE Access Protocol. If such damage accidentally occurs, the Party responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. 3.4 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. Page 176 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 3.4.Field Connection Point 3.4.Qwest is not required to build additional space for CLEC to access Subloop elements. When Technically Feasible, Qwest shall allow CLEC to construct its own structure adjacent to Qwest's accessible terminal. CLEC shall obtain any necessary authorizations or rights of way required (which may include obtaining access to Qwest rights of way, pursuant to Section 10.8 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, Qwest will expand the FDI at the request of CLEC if Technically Feasible, all reconfiguration costs to be borne by CLEC. In this situation only, Qwest shall seek to obtain any necessary authorizations or rights of way required to expand the terminal. It will be the responsibility of Qwest to seek to resolve obstacles that Qwest may encounter from cities, counties electric power companies, property owners and similar third parties. The time it takes for Qwest to obtain such authorizations or rights of way shall be excluded from the time Qwest is expected to provision the Collocation. CLEC will be responsible for placing the cable from the Qwest FCP to its equipment. Qwest will perform all of the initial splicing at the FCP. 3.4.3.4 CLEC may cancel a Collocation associated with a FCP request prior to Qwest completing the work by submitting a written notification via certified mail to its Qwest account manager. CLEC shall be responsible for payment of all costs previously incurred by Qwest. 3.4.If the Parties are unable to reach an agreement on the design 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 Page 177 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements proper authorities and may be prosecuted to the full extent of the law. Ordering/Provisioning All Subloop Types CLEC may order Subloop elements through the Operational Support Systems described in Section 12. CLEC shall identify Subloop elements by NC/NCI codes. This information shall be kept confidential and used solely for spectrum management purposes. Additional Terms for Detached Terminal Subloop Access CLEC may only submit orders for Subloop elements after the FCP is in place. The FCP shall be ordered pursuant to Section 9.5. CLEC will populate the LSR with the termination information provided at the completion of the FCP process. Qwest shall dispatch a technician to run a jumper between its Subloop elements and CLEC's Subloop elements. CLEC shall not at any time disconnect Qwest facilities or attempt to run a jumper between its Subloop elements and Qwest's Subloop elements without specific written authorization from Qwest. Once the FCP is in place, the Subloop Provisioning intervals contained in Exhibit C shall apply. ntentionally Left Blank.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access Ordering Process 5.4.CLEC shall notify its account manager at Qwest in writing, including via email , of its intention to provide access to End User Customers that reside within a MTE. Upon receipt of such request, Qwest shall have up to ten (10) calendar Days to notify CLEC and the MTE owner whether Qwest believes it or the MTE owner owns the intrabuilding cable. In the event that there has been previous determination of on-premises wiring ownership at the same MTE Qwest shall provide such notification within two (2) business days. I n the event that CLEC provides Qwest with a written claim by an authorized representative the MTE owner that such owner owns the facilities on the End User Customer side of the terminal, the preceding ten (10) Day period shall be reduced to five (5) calendar Days from Qwest's receipt of such claim. 5.4.If Qwest fails to respond to an MTE Ownership Request, or fails to make a determination of ownership or control of on- premises wiring as provided in Section 9.5.4.1 above within ten (10) days after CLEC submits an MTE Ownership Request, or if ownership or control of on-premises wiring is otherwise unclear or disputed , Qwest will Page 178 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 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 SGAT, 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 Qwest. Upon receipt of such notification , the intervals set forth in Section 9.3 shall begin. 5.4.4 CLEC may only submit orders for Subloop elements after the facilities are rearranged and/or a new facility constructed, if either are necessary. CLEC will populate the LSR with the termination information provided by CLEC at the completion of the inventory process except when submitting LSRs during the creation of the inventory. 5.4.If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a technician to run a jumper between its Subloop elements and Qwest's Subloop elements to make a connection at the MTE-POI in accordance with the MTE Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop elements and Qwest's Subloop elements to make a connection at the MTE-POI. CLEC, at its option , may request that Qwest run the jumper for intrabuilding cable in MTEs when the inventory is done and a complete LSR has been submitted. 5.4.When CLEC accesses a MTE Terminal it shall employ generally accepted best engineering practices in accordance with industry standards. CLEC shall clearly label the cross connect wires it uses. CLEC wiring will be neatly dressed. When CLEC accesses Subloops in MTE Terminals, it shall adhere to Qwest's Standard MTE Access Protocol unless the Parties have negotiated a separate document for such Subloop access. If CLEC requests a MTE Access Protocol that is different from Qwest's Standard MTE Access Protocol Qwest shall negotiate with CLEC promptly and in good faith toward that end. 5.4.Once inventory is complete and, if necessary, the facilities are rearranged and or a new facility constructed and when Qwest runs the jumper the Subloop Provisioning intervals contained in Exhibit C shall apply. Page 179 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 5.4.For access to Qwest's on-premises MTE wire as a Subloop element, CLEC shall be required to submit an LSR, but need not include thereon the circuit-identifying information or await completion of LSR processing by Qwest before securing such access. Qwest shall secure the circuit-identifying information , and will be responsible for entering it on the LSR when it is received. Qwest shall be entitled to charge for the Subloop element as of the time of LSR submission by CLEC. FCP Ordering Process CLEC shall submit a Field Connection Point Request Form to Qwest along with its Collocation Application. The FCP Request Form shall be completed in its entirety. After construction of the FCP and Collocation are complete CLEC will be notified of its termination location, which will be used for ordering Subloops. The following constitute the intervals for provisioning Collocation associated with a FCP , which intervals shall begin upon completion of the FCP Request Form and its associated Collocation Application in their entirety: Any Remote Collocation associated with a FCP in which CLEC will install equipment requiring power and/or heat dissipation shall be in accordance with the intervals set forth in Section 8.4. A Cross Connect Collocation in a detached terminal shall be provisioned within ninety (90) calendar Days from receipt of a written request by CLEC. If Qwest denies a request for Cross Connect Collocation in a Qwest Premises due to space limitations Qwest shall allow CLEC representatives to inspect the entire Premises escorted by Qwest personnel within ten (10) calendar Days of CLECs receipt of the denial of space, or a mutually agreed upon date. Qwest will review the detailed space plans (to the extent space plans exist) for the Premises with CLEC during the inspection , including Qwest reserved or optioned space. Such tour shall be without charge to CLEC. If, after the inspection 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. 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 Page 180 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements construction activities and payment of the remaining nonrecurring charge, Qwest will schedule with CLEC an inspection of the FCP with CLEC if requested. Upon completion of the Acceptance inspection , CLEC will be provided the assignments and necessary ordering information. With prior arrangements, CLEC can request testing of the FCP at the time of the Acceptance inspection. If Qwest, despite its best efforts, including notification through the contact number on the Cross Connect Collocation Application , is unable to schedule the Acceptance inspection with CLEC within twenty-one (21) calendar Days of the RFS, Qwest shall activate the applicable charges. Qwest may seek extended intervals if the work cannot reasonably be completed within the set interval. In such cases , Qwest shall provide written notification to CLEC of the extended interval Qwest believes is necessary to complete the work. CLEC may dispute the need for and the duration of, an extended interval , in which case Qwest 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 a 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 nonrecurring basic installation charge for Qwest 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 Page 181 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 6.4.Subloop Nonrecurring Charge - GLEG 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 a nonrecurring basic installation charge for Qwest running jumpers within the accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC. Repair and Maintenance Detached Terminal Subloop Access: Qwest will maintain all of its facilities and equipment in the accessible terminal and CLEC will maintain all of its facilities and equipment in the accessible terminal. MTE Terminal Subloop Access: Qwest will maintain all of its facilities and equipment in the MTE and CLEC will maintain all of its facilities and equipment in the MTE. Intentionally Left Blank Network Interface Device (NID) Description The Qwest NID is defined as any means of Interconnection of on-premises wiring and Qwest' distribution plant, such as a cross connect device used for that purpose. Specifically, the NID is a single line termination device or that portion of a multiple line termination device required to terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to access only a NID (Le., CLEC does not wish to access a Subloop connected to that NID), it may only do so pursuant to this Section 9.5. Qwest shall permit CLEC to connect its own Loop facilities to on-premises wiring through Qwest's NID, or at any other Technically Feasible point. The NID carries with it all features , functions and capabilities of the facilities used to connect the Loop distribution plant to the End User Customer s premises wiring, including access to the Cross Connection field, regardless of the particular design of the NID mechanism. Although the NID provides the connection to the End User Customer s premises wiring, it may not represent the Demarcation Point where Qwest ownership or control of the intra-premises wiring ends. The NID contains a protective ground connection that protects the End User Customer s on- premises wiring against lightning and other high voltage surges and is capable of terminating media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis , the existing drop and Qwest's NID, as well as any on premises wiring that Qwest owns or controls will remain in place and continue to carry the signal over the End User Customer s on-premises wiring to the End User Customer s equipment. Notwithstanding the foregoing, an Unbundled Loop and any Subloop terminating at a NID shall include the existing drop and the functionality of the NID as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties: Simple NID - The modular NID is divided into two (2) components, one containing the over-voltage unit (protector) and the other containing the End User Customer s on-premises inside wiring termination, and a modular plug which connects Page 182 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements the inside wire to the distribution plant or dial tone source. The non-modular NID is a protector block with the inside wire terminated directly on the distribution facilities. Smart NID - To the extent Qwest has deployed "smart" devices general meaning a terminating device that permits the service provider to isolate the Loop facility from the premises wiring for testing purposes , and such devices have spare functioning capacity not currently used by Qwest or any other provider, Qwest shall provide unbundled access to such devices. Qwest shall also continue to allow CLEC , at its option, to use all features and functionality of the Qwest NID including any protection mechanisms, test capabilities, or any other capabilities now existing or as they may exist in the future regardless of whether or not CLEC terminates its own distribution facility on the NID. 3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional components: one containing the over-voltage unit (protector) and the other containing the terminations of the on-premises inside wiring. Such devices contain the protectors for, and may be located externally or internally to the premises served. Terms and Conditions CLEC may use the existing Qwest NID to terminate its drop if space permits, otherwise a new NID or other Technically Feasible Interconnection point is required. If CLEC installs its own NID, CLEC may connect its NID to the Qwest NID by placing a cross connect between the two. When Provisioning a NID-to-NID connection CLEC will isolate the Qwest facility in the NID by unplugging the modular unit. If CLEC requires that a non-modular unit be replaced with a modular NID, Qwest will perform the replacement for the charge described in Section 9.1. If CLEC is a facilities-based provider up to and including its NID, the Qwest facility currently in place , including the NID, will remain in place. Qwest shall allow CLEC to connect its Loops directly to the NID field containing the terminations of the on-premises inside wiring not owned or controlled by Qwest, without restriction. Where Qwest does not own or control the on-premises inside wiring, CLEC and the landowner shall determine procedures for such access. Qwest shall allow CLEC to use all features and functionality 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 NID and connect that wire to that Party s own NID. Future installation of Qwest NIDs will be such that it will not unnecessarily impede access to the End User Customer s wiring.1.4 CLEC may enter the subscriber access chamber or End User Customer side of a dual chamber NID enclosure for the purpose of NID-to-NID connections. Page 183 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Upon CLEC request, Qwest will make other rearrangements to the inside wire terminations or terminal enclosure. Charges will be assessed per Section 9.3.4. No such charge shall be applicable if Qwest initiates the rearrangement of such terminations. In all such instances, rearrangements shall be performed in a non-discriminatory fashion and timeframe and without an End User Customer s perceivable disruption in service. Qwest will not make any rearrangements of wiring that is provided by another Carrier that relocates the other Carrier s test access point without notifying the affected Carrier promptly after such rearrangement if CLEC has properly labeled its cross connect wires. Qwest will retain sole ownership of the Qwest NID and its contents on Qwest's side. Qwest is not required to proactively conduct NID change-outs, on a wide scale basis. At CLEC's request, Qwest will change the NID on an individual request basis by CLEC and charges will be assessed per Section 9.5 except where Section 1 applies. Qwest is not required to inventory NID locations on behalf of CLEC. When CLEC accesses a Qwest NID, it shall employ generally accepted best engineering practices and comply with industry standards should such standards exist when it physically connects its NID (or equivalent) to the Qwest NID and makes Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label the cross connect wires it uses to provide service. Qwest shall label its terminals when a technician is dispatched.2.4 All services fed through a protector field in a Qwest NID located inside a building will interface on an industry standard termination block and then extend , via a Cross Connection to the End User Customer s in-premises wiring. All services fed through a protector field in a Qwest NID that is attached to a building will interface on industry standard lugs or a binding post type of termination and then extend , via a Cross Connection, to the End User Customer s on-premises wiring. If so requested by CLEC, Qwest shall allow CLEC to connect its Loops directly to the protector field at Qwest NIDs that have unused protectors and are not used by Qwest or any other Telecommunications Carrier to provide service to the premises. If CLEC accesses the Qwest protector field, it shall do so on the distribution side of the protector field only where spare protector capacity exists. In such cases CLEC shall only access a Qwest NID protector field in cable increments appropriate to the NID. If twenty-five (25) or more metallic cable pairs are simultaneously terminated at the MTE NID, additions must be in increments of twenty-five (25) additional metallicpairs. In all cases, Telecommunications cables entering a Qwest NID must be terminated in compliance with FCC 88-, section 315 of the National Electric Safety Code and section 800.30 of the National Electric Code. (Negotiations Template: See Minnesota, Oregon and Washington SGA Ts for state specific Section 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. Page 184 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Recurring rates for unbundled access to the protector field in a Qwest NID are contained in Exhibit A of this Agreement and apply pursuant to Section 9. As of the Effective Date of this Agreement, Qwest has not implemented charges for this recurring rate element, but reserves the right to assess such a charge in the future. When CLEC requests that Qwest perform the work to connect its NID to the Qwest NID , the costs associated with Qwest performing such work will be charged to CLEC on a time and materials basis.3.4 Where Qwest makes Section 9.5 rearrangements to the inside wire terminations or terminal enclosure on CLEC's request, pursuant to Section 9. charges will be assessed on a time and materials basis. CLEC will be billed on a time and materials basis for any change out Qwest performs pursuant to Section 9.2. CLEC will be billed only for the portion of the change out that is specific to CLEC's request for additional capacity. 5.4 Ordering Process 5.4.ntentionally Left Blank. 5.4.CLEC may access a MTE NID after determining that the terminal in question is a NID, per the process identified in Section 9.3. If the terminal is a NID andCLEC 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 shallhave 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 NID without notice to Qwest. CLEC may access the protector field of the NID by submitting a LSR. Maintenance and Repair If Qwest is dispatched to an End User Customer location on a maintenance issue and finds the NID to be defective, Qwest will replace the defective element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and lines have been removed from the protector field or damaged by CLEC, CLEC will be responsible for all costs associated with returning the facilities and lines back to their original state. Charges for this work will be on a time and materials basis and billed directly to CLEC. Billing disputes will be resolved in accordance with the Dispute Page 185 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Resolution process contained in this Agreement. Maintenance and Repair processes are contained in the Access to OSS Section of this Agreement. Unbundled Dedicated Interoffice Transport (UDIT) Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) In a non- discriminatory manner according to the following terms and conditions. Description Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a Network Element of a single transmission path between Qwest Wire Centers in the same LATA and state. A UDIT can provide a path between one (1) CLEC's Collocation in one (1) Qwest Wire Center and a different CLEC's Collocation in another Qwest WireCenter. 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 through DS3 bandwidths. CLEC can assign channels and transport its choice of voice or data. Specifications, interfaces and parameters are described in Qwest Technical Publication 77389. (Negotiations Template: See Arizona, Colorado, Utah and Washington SGA Ts for state specific Section ntentionally Left Blank. ntentionally Left Blank. Terms and Conditions ntentionally Left Blank. Qwest shall unbundle DS1 transport between any pair of Qwest Wire Centers except where, through application of "Tier" classifications, as defined in Section 4 of this Agreement, both Wire Centers defining the Route are Tier 1 Wire Centers. As such , Qwest must unbundle DS 1 transport if a Wire Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center. CLEC may obtain a maximum of ten (10) unbundled DS1 dedicated transport circuits on each Route where DS dedicated transport is available on an unbundled basis. Qwest shall unbundle DS3 transport between any pair of Qwest Wire Centers except where, through application of "Tier" classifications , as defined in Section 4 of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such Qwest must unbundle DS3 transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. CLEC may obtain a maximum of twelve (12) unbundled DS3 dedicated transport circuits on each Route where DS3 dedicated transport is available on an unbundled basis. Page 186 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Qwest shall make available to CLEC a list of those Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. 0.4 Qwest shall provide CLEC with unbundled access to dedicated transport except where it does not connect a pair of Qwest Wire Centers. All services provided in this Section 9.are subject to the Ratcheting criteria as provided in Section 9.9 of this Agreement. All services provided in this Section 9., when combined with high capacity Loops, are subject to the Service Eligibility Criteria as provided in Section 9.10 of this Agreement. 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. (Negotiations Template: See Iowa SGA for state specific Section ntentionally Left Blank. With the exception of combinations provided through the UNE Combinations Section 9., CLEC may utilize any form of Collocation at both ends of the UDIT. Qwest's design will ensure the cable between the Qwest-provided active elements and the DSX will meet the proper signal level requirements. Channel regeneration will not be charged for separately for Interconnection between a Collocation space and Qwest' network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital Hierarchy - Electrical Interface; Annex B. 2.4 ntentionally Left Blank. ntentionally Left Blank. Intentionally Left Blank. ntentionally Left Blank. ntentionally Left Blank. Rate Elements DS1 UDIT rates are contained in Exhibit A of this Agreement and include the following elements: Page 187 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elementsa) DS1 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the fixed rate element, a per-mile rate element, as described below, also applies.b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 1.544 Mbps between Qwest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DS1 UDIT. The mileage is calculated between the originating and terminating Qwest Wire Centers. (Negotiations Template: See Arizona, Colorado and Washington SGA for state specific Section 9.1(b). ntentionally Left Blank.d) DS 1 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DS1 service. ntentionally Left Blank. DS3 UDIT rates are contained in Exhibit A of this Agreement and include the following elements:a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 44.736 Mbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies.b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides an interoffice transmission path of 44.736 Mbps between Qwest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DS3 UDIT. The mileage is calculated between the originating and terminating Qwest Wire Centers. ntentionally Left Blank.d) DS3 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DS3 service. Intentionally Left Blank. DSO UDIT rates are contained in Exhibit A of this Agreement and include the following elements:a) DSO Transport Termination (Fixed) Rate Element. This recurring rate element provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies.b) DSO Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 64 Kbps between Qwest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DSO UDIT. The mileage is calculated between the originating and terminating Qwest Page 188 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Wire Centers.c) DSO Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DSO service. 3.4 ntentionally Left Blank. ntentionally Left Blank. Intentionally Left Blank. Low Side Channelization (LSC) Charge. A recurring charge for low side multiplexed channel cards and settings at each end of the DSO UDIT. ntentionally Left Blank. ntentionally Left Blank. Rearrangement rates are contained in Exhibit A of this Agreement. ntentionally Left Blank. 6.4 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.ntentionally 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. Page 189 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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. Qwest will install the UDIT extending connections to CLEC Demarcation Point and will notify CLEC when the work activity is complete. 6.4.ntentionally Left Blank. Intentionally Left Blank.6.4.4 6.4.Qwest will perform industry standard tests, set forth in Technical Publication 77389, when installing UDIT service. 6.4.To convert an existing private line/special access circuit to UDIT, CLEC must submit two (2) ASRs to change the circuit identification, Network Channel Interface Code (NCI) and billing. 6.4.CLEC will submit an Access Service Request (ASR) for rearrangement including appropriate termination information (e.g. Connecting Facility Assignment (CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes. Maintenance and Repair The Parties will perform cooperative testing and trouble isolation to identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair processes are contained in the Access to OSS Section of this Agreement. Rearrangement CLEC can submit requests through the ASR process to move or rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options. These rearrangements are available through a single Wire Center or dual Wire Center request. Single Wire Center rearrangements are limited to the change in options or movement of terminations within a single Wire Center. Dual Wire Center rearrangements are used to change options or movement of terminations in two (2) Wire Centers. Rearrangement is only available for in-place and working UDITs. Page 190 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements (Negotiations Template: See Arizona, Colorado, and Washington SGA Ts for state specific Section 6. 1. 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., CFA) or NC/NCI codes (Network Channel Codes/Network Channel Interface Codes). Unbundled Dark Fiber Dedicated dark fiber transport shall be made available to CLEC on an unbundled basis as set forth below. Dark fiber transport consists of unactivated optical interoffice transmission facilities. Description Unbundled Dark Fiber (UDF) is a deployed , unlit strand or strands of fiber that connects two (2) Wire Centers within Qwest's network within the same LATA or state. UDF exists in two (2) distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route between two (2) Qwest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall include all local exchange Dark Fiber Qwest owns directly or to which it has a right to access under agreements with any other party affiliated or not, that do not prohibit Qwest's ability to provide access to another Person or entity. Deployed Dark Fiber facilities shall not be limited to facilities owned by Qwest, but will include in place and easily called into service facilities to which Qwest has otherwise obtained a right of access, including but not limited to capitalized Indefeasible Right to Use (IRUs) or capitalized leases. Qwest shall not be required to extend access in a manner that is inconsistent with the restrictions and other terms and conditions that apply to Qwest' access; however, in the case of access obtained from an Affiliate: (a) the actual practice and custom as between Qwest and the Affiliate shall apply, in the event that it provides broader access than does any documented agreement that may exist, and (b) any terms restricting access by CLEC that are imposed by the agreement with the Affiliate (excluding good-faith restrictions imposed by any agreement with a third party from whom the Affiliate has gained rights of access) shall not be applied to restrict CLEC access. (Negotiations Template: See Arizona, Colorado, Minnesota and Washington SGA Ts for state specific Section 7. 1. Terms and Conditions Qwest shall unbundle dark fiber transport between any pair of Qwest Wire Centers except where, through application of "Tier" classifications described in Section 4 of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle dark fiber transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. Page 191 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Qwest shall make a list available to CLEC of those Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. Qwest will provide CLEC with non-discriminatory access to UDF accordance with Section 9.1. Qwest will provide UDF of substantially the same quality as the fiber facilities that Qwest uses to provide retail service to its own End User Customers. Qwest provides access to unbundled Dark Fiber at: Accessible terminations such as fiber distribution panels. A point of technically feasible access is any point in Qwest'soutside plant at or near an MTE premises where a technician can access the wire or fiber within the cable without removing a splice case to reach the wire or fiber within to access the wiring in the MTE premises. Such points include, but are not limited to, a pole or pedestal , the network interface device, the minimum point of entry, the single point of interconnection, and the feeder/distribution interface. ntentionally Left Blank. Qwest will provide CLEC with access to deployed Dark Fiber facilities. CLEC shall be responsible for obtaining and connecting electronic equipment, whether light generating or light terminating equipment, to the Dark Fiber at both ends, provided that if CLEC requests Qwest to obtain and connect the electronic equipment, Qwest will follow the requirements of Section 9.19 in deciding whether or not to build the facilities for CLEC.2.4 Qwest will provide Unbundled Dark Fiber to CLEC in increments of one (1) or two (2) strands. CLEC may obtain up to twenty-five percent (250/0) of available Dark Fibers or four (4) Dark Fiber strands , whichever is greater, in each fiber cable segment over a twelve (12) month period. Before CLEC may order additional UDF on such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in each cable segment. Efficient use of interoffice cable segments is defined as providing a minimum of OC-12 termination on each fiber pair. Efficient use of UDF MTE Subloop fiber is defined as providing a minimum of OC-3 termination on each fiber pair. CLEC may designate five percent (5010) of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or strands are not subject to the termination requirements in this paragraph. Qwest shall not have an obligation to unbundle Dark Fiber in the following circumstances:a) Qwest will not unbundle Dark Fiber that Qwest utilizes for maintenance or reserves for maintenance spare for Qwest's own use. Qwest shall not reserve more than five percent (5%) of the fibers in a sheath, or two (2) strands, whichever is greater, for maintenance or maintenance spare for Qwest' own use. Page 192 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold Und.u!jne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elementsb) Qwest will not be required to unbundle Dark Fiber if Qwest demonstrates to the Commission by a preponderance of the evidence that such unbundling would create a likely and foreseeable threat to its ability to meet its Carrier of last resort obligations as established by any regulatory authority. Qwest shall initiate such proceeding within seven (7) calendar Days of denying CLEC's request (by written notice) to unbundle Dark Fiber where such fiber is available. In this proceeding, Qwest shall not object to using the most expeditious procedure available under state law, rule or regulation. Qwest shallbe relieved of its unbundling obligations, related to the specific Dark Fiber at issue, pending the proceeding before the Commission. If Qwest fails to initiate such pending proceeding within such seven (7) calendar Day period, CLEC' request to unbundle Dark Fiber shall be reinstated and the ordering and Provisioning processes of Section 9.3 shall continue. Qwest will provide CLEC with access to the deployed Dark Fiber in its network in either single-mode or multi-mode. During the inquiry process , Qwest will inform CLEC of the availability of single-mode and multi-mode fiber. 7 Specifications, interfaces and parameters for Dark Fiber are described in Qwest's Technical Publication 77383. Qwest. CLEC is responsible for trouble isolation before reporting trouble to ntentionally Left Blank.10 Upon thirty (30) calendar Days notification to CLEC, Qwest may initiate a proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User Customers at the time of Qwest's notice to CLEC. In such proceeding, Qwest shall have the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of last resort obligations as established by any regulatory authority. In such proceeding, CLEC shall not object to using the most expeditious procedure available under state law rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose permitted under this Agreement pending the proceeding before the Commission; provided, however, that such use shall be at CLEC's sole risk of any reclamation approved by the Commission, including the risk of termination of service to End UserCustomers. CLEC may designate five percent (50/0) of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or strands are not subject to the reclamation requirements in this paragraph. ntentionally Left Blank.12 CLEC must have established Collocation or other Technically Feasiblemeans of network demarcation pursuant to Section 9.1.4 of this Agreement at both terminating points of the UDF-IOF. No Collocation is required in intermediate Wire Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected. CLEC has no access to UDF at those intermediate Wire Centers. 12.1 CLEC-to-CLEC connections with UDF for the mutual exchange of traffic is permissible pursuant to the provisions in Section 9. Page 193 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements13 CLEC is responsible for all work activities at the MTE premises. All negotiations with the premises End User Customer and or premises owner are solely the responsibility of CLEC. Intentionally Left Blank. 15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a non-Qwest owned MTE is done through an MTE-POL Collocation is not required to access MTE Subloops.16 CLEC will incur all costs associated with disconnecting the UDF from its side of the network Demarcation Point.17 Qwest and CLEC will jointly participate in continuity testing within the Provisioning interval established in Exhibit C. Qwest and CLEC must coordinate on the date and time for this continuity testing. As part of their respective duties regarding this continuity test, Qwest shall furnish a light detector at one (1) termination point of the UDF , and CLEC shall furnish light generating equipment at the other termination point of the UDF as described below: 17.CLEC may identify on its order the Wire Center at which Qwest must provide a light detector and the Wire Center at which CLEC will provide light generating equipment. If CLEC does not identify the Wire Center on its order, Qwest and CLEC shall mutually agree on the Wire Center at which CLEC will provide the light generating equipment. 17.ntentionally Left Blank. 17.ntentionally Left Blank. 18 If, within ten (10) Days of the date Qwest provisioned an order for UDF CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet the minimum parameters set forth in Technical Publication 77383, and if the trouble is inthe Qwest UDF facility, not due to fault on the part of CLEC, then Qwest will at no additional cost, attempt to repair the UDF as it relates to Qwest cross connects and jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth Technical Publication 77383, Qwest will replace the UDF if suitable UDF pair(s) are available, at no additional nonrecurring charge. If Qwest cannot replace the UDF upon receipt of a CLEC disconnect order, Qwest will refund the nonrecurring charges associated with the Provisioning excluding IRI FVQP and Field Verification and will discontinue all recurring charges. ntentionally Left Blank. Ordering Processes Ordering processes and installation intervals are as follows: The first step of the UDF ordering process is the inquiry process. The UDF inquiry is used to determine the availability of UDF. Page 194 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements CLEC must submit a UDF inquiry and CLEC must specify the two (2) locations and the number of fibers requested. Qwest will notify CLEC, within the interval set forth in Exhibit C of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is not available to satisfy CLEC's request; or (iii) Qwest, in writing, denies CLEC' request pursuant to Section 9.5(b). Qwest shall provide written notice of denials pursuant to (iii) above. If there is UDF available , the UDF simple inquiry response and the complex inquiry response will contain up to five (5) available UDF routes between the CLEC-specified end locations. If additional routes are available Qwest will notify CLEC that such additional routes exist and negotiate how that additional information will be made available. CLEC will establish network Demarcation Points to accommodate UDF optical terminations via Collocation or other Technically Feasible means or networkdemarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other network demarcation arrangements have not been completed CLEC must have obtained preliminary APOT address information (CFA - Connecting Facility Assignment)for its network Demarcation Points in each Qwest Wire Center where the UDF terminates prior to placing an order for UDF. When preliminary APOT has been established and delivered to CLEC, Qwest can begin processing the UDF Provisioning order upon receipt of the UDF Provisioning request. If the preliminary APOT address is changed by CLEC, a new Provisioning time line for UDF must be established. Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are two (2) possible termination scenarios. Termination at an MTE. CLEC shall access the UDF MTE Subloop on the MTE Premises at a Technically Feasible point if possible. access is not technically feasible on the MTE Premises, then CLEC may requestaccess to UDF MTE Subloop at a Technically Feasible point near the MTE Premises. Qwest will prepare and submit to CLEC a quote along with the original Field Verification Quote Preparation form (FVQP) within the interval set forth in Exhibit C. Quotes are on an Individual Case Basis (lCB) and may include costs in addition to the installation charges specified in Exhibit A. If facilities are not available at or the closest access point near the MTE premises, Qwest will follow the requirements in Section 9.19 in deciding whether or not to construct new facilities to allow access as requested by CLEC. Intentionally Left Blank. Termination at Qwest Wire Center. If spare fiber is available and CLEC chooses to proceed , and the request is for UDF terminations at a Qwest Wire Center, Qwest will begin the Provisioning process upon notification from CLEC to proceed and the receipt of fifty percent (50010) of the nonrecurring charges. The notification to proceed is accomplished by completing, signing and returning the original inquiry request to the account manager. Provisioning intervals for this type of request are set forth in Exhibit C. CLEC will be notified that Provisioning is complete and the remaining nonrecurring charges and Page 195 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements associated recurring charges will be billed.3.4 An order may be canceled any time up to and including the Service Date. Cancellation charges will apply in accordance with Exhibit A. CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior to reserving space CLEC must place an inquiry pursuant to Section 9.1 of this Agreement and receive a UDF inquiry response that reflects that the route to be reserved is available. CLEC is also strongly encouraged to request a field verification that the route to be reserved is available. If CLEC does not obtain a field verification CLEC assumes the risk that records upon which the UDF inquiry response are based may be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) Days. CLEC must contact Qwest to extend or renew reservations if there is delay in completion of the Collocation build. All applicable UDF recurring charges specified in Section 2 will be assessed at the commencement of the reservation. Nonrecurring charges for Provisioning and cross connects will be assessed at the time of installation. Maintenance and Repair 7.4.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. 7.4.If it is determined that the UDF does not meet the minimum parameters of Technical Publication 77383 without fault of CLEC, and if the trouble is in the Qwest UDF facility, then Qwest will attempt to repair the UDF as it relates to Qwest cross connects and jumper at no additional cost. If Qwest cannot repair the UDF to the minimum parameters set forth in Technical Publication 77383, then Qwest will replace the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot replace the UDF with available pairs , then it, upon receipt of a CLEC disconnect order will discontinue the recurring charges effective as of the date of the commencement of the trouble. Rate Elements Dark Fiber rates are contained in Exhibit A of this Agreement and include the following elements:a) Initial Records Inquiry (IRI). This rate element is a pre-order work effort that investigates the availability of UDF. This is a one-time charge for each route check requested by CLEC. A simple IRI determines if UDF is available between two (2) Qwest Wire Centers. A complex IRI is used to determine if a UDF MTE Subloop is available. Qwest will bill CLEC the IRI immediately upon receipt of the inquiry. The IRI is a record search and does not guarantee the availability of UDF.b) Field Verification and Quote Preparation (FVQP). This rate element is a pre-order work effort to estimate the cost of providing UDF access to CLEC at locations other than Qwest Wire Centers. Qwest will prepare a quote which will explain what work activities , timeframes, and additional costs, including recurring Page 196 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements and non-recurring costs, are associated with providing access to this FDP location. This quote will be good for thirty (30) calendar Days. The FVQP is not necessary when the request is between Qwest Wire Centers (i.e., simple IRI). FVQP is applicable pursuant to this section and CLEC orders UDF that has been reserved after a Field Verification has been performed , then the charge for FVQP will be reduced by the amount of the Engineering Verification charge assessed in the context of the reservation. (Negotiations Template: See Minnesota SGA for state specific Section c) Engineering Verification. This rate element is an additional records check for Unbundled Dark Fiber MTE Subloop. (Negotiations Template: See Minnesota SGA for state specific Section 1c. The following rate elements (contained in Exhibit A) are used once the availability of UDF has been established and CLEC chooses to access UDF. Unbundled Dark Fiber - Single Strand - IOF Rate Elements a) UDF-IOF Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice FDP within the Qwest Wire Center. Two (2) UDF-IOF terminations apply per cross connect provided on the facility. Termination charges apply foreach intermediate office terminating at an FDP or like cross connect point. (Negotiations Template: See Minnesota SGA for state specific Section 9.1a. b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. This recurring rate element applies per strand. This rate element provides a transmission path between Qwest Wire Centers. This rate element is mileage sensitive based on the route miles of the UDF rounded up to the next mile. (Negotiations Template: See Minnesota SGA for state specific Section c) UDF-IOF Fiber Cross Connect Rate Element. This rate element has both a recurring and nonrecurring component and is used to extend the optical connection from the IOF FDP to CLEC's optical Demarcation Point (lCDF). A minimum of two (2) UDF-IOF fiber cross connects apply per strand. Cross connect charges apply for each intermediate office terminating at an FDP or like cross connect point. The nonrecurring rate will not be charged for cross connects already in place prior to CLEC' order for UDF-IOF. Page 197 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements (Negotiations Template: See Minnesota SGA for state specific Section 2. 1 ntentionally Left Blank. ntentionally Left Blank. 2.4 Order. Unbundled Dark Fiber - Order Charge, First Strand/Route, Per 2.4.This rate element is the nonrecurring component assessed for installation of Unbundled Dark Fiber, by the strand. The element applies for the first strand that is requested to terminate at a single location. See Exhibit Unbundled Dark Fiber- Order Charge , Each Additional Strand/Route, Per Order. This rate element is the nonrecurring component assessed for installation of each additional Unbundled Dark Fiber strand. The element applies to each additional strand ordered to the same location, on the same request. See Exhibit A. Unbundled Dark Fiber per Pair - 10F Rate Elements 1 UDF-IOF Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice FDP within the Qwest Wire Center. Two UDF-IOF terminations apply per pair at each end of the facility. Termination charges apply for each intermediate Central Office terminating at an FDP or like cross connect point. See Exhibit A. 2 UDF-IOF Fiber Transport, (Pair) Rate Element. This rate element is a recurring component and applies per pair. This rate element provides a transmission path between Qwest Wire Centers. The recurring component of this rate element is mileage sensitive based on the route miles of the UDF rounded up to the next mile. See Exhibit A. 7 UDF-IOF Fiber Cross Connect Rate Element. This rate element has both a recurring and nonrecurring component and is used to extend the optical connection from the 10F FDP to CLEC's optical Demarcation Point. A minimum of two (2) UDF-IOF fiber cross connects apply per pair. Cross connect charges apply for each intermediate Central Office terminating at an FDP or like cross connect point. The nonrecurring rate will not be charged for cross connects already in place prior to CLEC's order for UDF-IOF. See Exhibit A. Order. Unbundled Dark Fiber - Order Charge , First Pair/Route, Per This rate element is the nonrecurring component assessed for installation of Unbundled Dark Fiber, by the pair. The Page 198 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements element applies for the first pair that is requested to terminate at a single location. See Exhibit A. Unbundled Dark Fiber - Order Charge , Each Additional Pair/Route, Per Order, Location, Request. This rate element is the nonrecurring component assessed for installation of each additional Unbundled Dark Fiber pair. The element applies to each additional pair ordered to the same location, or subsequent locations for the same CLEC. See Exhibit (Negotiations Template: See Minnesota SGA for state specific Sections 4 - 9.9. These Sections are left blank in Minnesota as a result of a Cost Docket. Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank 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 assess whether to build for CLEC in the same manner that it assesses whether to build for itself. Qwest will conduct an individual financial assessment of any request that requires construction of network capacity, facilities, or space for access to or use of UNEs. When Qwest constructs to fulfill CLEC's request for UNEs , Qwest will bid this construction on a case-by-case basis. Qwest will charge for the construction through nonrecurring charges and a term agreement for the remaining recurring charge, as described in the Construction Charges Section. When CLEC orders the same or substantially similar service available to Qwest End User Customers , nothing in this Section shall be interpreted to authorize Qwest to charge CLEC for special construction where such charges are not provided for in a Tariff or where such Page 199 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements charges would not be applied to a Qwest End User Customer. 19.Qwest reserves the right to determine if Qwest will undertake requested construction. Some circumstances under which Qwest will reject a construction request include , but are not limited to, if it is determined that the requested element will jeopardize the reliability of Qwest's existing network, endanger Qwest's employees or consumers , is not consistent with the National Electrical Code (NEC), or does not meet Network Equipment Building Standards (NEBS) requirements. If Qwest agrees to construct a network element, the following will apply. 19.CLEC may request that Qwest construct new facilities for use in providing services offered as Unbundled Network Elements (UNEs) using the CLEC-Requested Unbundled Network Elements Construction (CRUNEC) method. CRUNEC is not required for requests that can be resolved through facility work or assignments. CRUNEC is not available for requests for facilities that are not offered as UNEs. Qwest's CRUNEC applies to the following Wholesale products and services: Enhanced Extended Loop (EELl Unbundled Subloop Unbundled park Fiber (UDFl Unbundled Dedica ed Interoffice TransporLJUDITl Unbundled Local Loop 19.To make a request for construction of facilities, CLEC must submit a CRUNEC request by contacting the Qwest service manager. 19.Rates for CRUNEC 19.Records Quote Preparation Fee (RQPF) applies , and is a nonrecurring charge assessed prior to preparation of a Records Quotation, whichis a high level overview and estimate of the cost of construction. This construction estimate is based on records only and is not binding on Qwest. Credit in the amount of the RQPF will be applied to the Construction Quote Preparation Fee that is described below. 19.The Construction Quote Preparation Fee (CQPF) is a nonrecurring charge assessed prior to preparation of the CRUNEC quotation. The CRUNEC quotation provides the amount CLEC will pay should it agree to pursue construction. Credit in the amount of the CQPF will be applied to the cost of construction if CLEC accepts the quoted CRUNEC price and agrees to pursue construction. 19.CLEC may choose to first receive a Records Quotation, or may choose to forego the Records Quotation and pay the CQPF for the CRUNEC quotation, at any time after receiving notification that facilities are not available to complete a service request. Page 200 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 19.Qwest will retain the CQPF if CLEC chooses not to proceed with the construction. At any point after remitting payment for construction, if CLEC decides to begin but then to discontinue construction Qwest will refund the Construction payment, excluding expenditures already incurred by Qwest for work completed (including work Engineered, Furnished and/or Installed (EF&I)). Qwest will provide a brief description of work completed. 19.EF&I is defined as: Engineering labor to analyze the needs for the requested UNE and design and issue the required work orders Furnished material cost Installation labor costs to complete the work order 19.3.4 The amount of the CRUNEC quotation is determined using the same financial analysis criteria , and costs to recover for EF&I , that Qwest uses to assess whether to build the equivalent facilities for itself. 19.Rates are included in Exhibit A to this Agreement. Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Unbundled Network Element Combinations 23.1 General Terms 23.Qwest shall provide CLEC with non-discriminatory access to combinations of Unbundled Network Elements, including but not limited to, Enhanced Extended Loop (EEL), according to the following terms and conditions. 23.Qwest will offer to CLEC UNE Combinations, on rates, terms and conditions that are just, reasonable and non-discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act, the applicable FCC rules , and other Applicable Laws. The methods of access to UNE Combinations described in this section are not exclusive. Qwest will make available any other form of access requested by CLEC that is consistent with the Actand 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 Page 201 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 tolist a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC or the state Commission. 23.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 Connecting Facility Assignment (CFA) of CLEC's network demarcation (e., Collocation or multiplexing facilities) for each UNE UNE Combination, or wholesale servicewhen requesting Qwest to perform the Commingling of such services. Qwestshall not deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Qwest's network with access services. All requests for combinations and Commingling will be subject to the terms and conditions in Section 9.1. In addition to the UNE Combinations provided by Qwest to CLEC hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest with another UNE provided by Qwest or with compatible network components provided by CLEC or provided by third parties to CLEC in order to provideTelecommunications Services. Notwithstanding the foregoing, CLEC canconnect its UNE Combination to Qwest'Directory Assistance and operator services platforms. 23.When ordered as combinations of UNEs, Network Elements that are currently combined and ordered together will not be physically disconnected or separated in any fashion except for technical reasons or if requested by CLEC. Network Elements to be provisioned together shall be identified and ordered by CLEC as such. When CLEC orders in combination UNEs that are currently interconnected and functional, such UNEs shall remain interconnected or combined as a working service without any disconnection or disruption of functionality. 23.1.4 When ordered in combination , Qwest will combine for CLEC UNEs that are ordinarily combined in Qwest's network, provided that facilities are available. 23.When ordered in combination , Qwest will combine for CLEC UNEs that are not ordinarily combined in Qwest's network, provided that facilities are available and such combination: 23.Is Technically Feasible; 23.Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Qwest's network; and 23.Would not impair Qwest's use of its network. 23.When ordered in combination Qwest will combine CLEC UNEs with Page 202 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Qwest UNEs, provided that facilities are available and such combination: 23.Is Technically Feasible; 23.Shall be performed in a manner that provides Qwest access to necessary facilities; 23.Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Qwest's network; and 23.6.4 Would not impair Qwest's use of its network. 23.ntentionally Left Blank. 23.Description UNE Combinations are available in, but not limited to, the following standard products: EEL subject to the limitations set forth below. If CLEC desires access to a different UNE Combination , CLEC may request access through the Special Request Process set forth in this Agreement. Qwest will provision UNE Combinations pursuant to the terms of this Agreement without requiring an amendment to this Agreement, provided that all of the UNEs included in the combination request, and their associated Billing rate elements are contained in this Agreement. If Qwest develops additional UNE Combination products CLEC can order such products without using the Special Request Process, but CLEC may need to submit a New Customer Questionnaire and execute an amendment before ordering such products. 23.3 Terms and Conditions 23.Qwest shall provide non-discriminatory access to UNE Combinations on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of a 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. In those situations where Qwest does not provide access to UNE Combinations itself, Qwest will provide access in a manner that provides CLEC with a meaningful opportunity to compete. 23.ntentionally Left Blank. 23.Intentionally Left Blank. 23.3.4 ntentionally Left Blank. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and dedicated interoffice transport and may also include multiplexing. EEL transport and Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of Page 203 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Section 9.6 shall apply to the Unbundled Dedicated Interoffice Transport portion of the EEL. The terms and conditions of Section 9.2 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.Service Eligibility Criteria in Section 9.10 apply combinations of high capacity (DS 1 and DS3) Loops and interoffice transport (high capacity EELs). This includes new UNE EELs , EEL conversions (including commingled EEL conversions) or new commingled EELs (e., high capacity loops attached to special access transport). CLEC cannot utilize combinations of Unbundled Network Elements that include DS 1 or DS3 Unbundled Loops and DS1 or DS3 unbundled dedicated interoffice transport (UDIT) to create high capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service Eligibility Criteria in Section 9.10. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.Intentionally Left Blank. 23.ntentionally Left Blank. 23.2.4 ntentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.ntentionally Left Blank. 23.11 CLEC may request the conversion of an existing private line/special access Service to an EEL. Retail and/or resale private line circuits (including multiplexing) may be converted to EEL if the conversion is Technically Feasible and they meet the terms of Section 1. Qwest will provide CLEC with conversions to EELs according to the standard intervals set forth in Exhibit C. Work performed by Qwest to provide Commingled EELs at CLEC's request or to provide services that are not subject to standard provisioning intervals will not be subject to performance measures and remedies , if any, contained in this Agreement or elsewhere, by virtue of that service inclusion in a requested Commingled EEL 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 Qwest completes work required Page 204 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo!!!!!!llierline (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements to provide for the Commingling that is in addition to work required to provision the service as a stand-alone facility or service. 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. 23.12. Terms and Conditions ntentionally Left Blank. 23.12.ntentionally Left Blank. 23.12.4 EEL combinations consist of Loops and interoffice transport of the same bandwidth (Point-to-Point EEL). High capacity point-to-point EELs must originate from a CLEC Collocation in a Wire Center other than the Serving Wire Center of the Loop. When multiplexing is requested, EEL may consist ofLoops and interoffice transport of different bandwidths (multiplexed 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 address: http://www.qwest.com/carrier/guides/sig/index.htmi. 23.12.Intentionally Left Blank. 23.12.EEL is available only where existing facilities are available. 23.12.Rearrangements may be requested for work to be performed by Qwest on an existing EEL , or on some private line/special access circuits, when coupled with a conversion-as-specified request to convert to EEL. (Negotiations Template: See Arizona and Washington SGA Ts for state specific Section 23.12. 23.Ordering 23. 23. ntentionally Left Blank. 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. Page 205 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDose4 bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 23.8.4 ntentionally Left Blank. 23.One (1) LSR is required when CLEC orders Point-to-Point EEL. Multiplexed EEL and EEL Loops must be ordered on separate LSRs. 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 DS 1 , and DS3 bandwidths. Recurring and nonrecurring charges as described in Exhibit A apply. 23.EEL Transport. EEL Transport consists of the dedicated interoffice facilities between Qwest Wire Centers. EEL Transport is available in DSO , DS 1 , and DS3 bandwidths. Recurring charges as described in Exhibit A apply. 23.EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1 and DS1 to DSO configurations. EEL multiplexing is ordered with EEL Transport. Recurring and nonrecurring charges set forth in Exhibit A apply. 23.9.4 DSO Low Side Channelization and DSO MUX Low Side Channelization. EEL DSO Channel Cards are required for each DSO EEL Loopor DSO Unbundled Loop connected to a 1/0 Multiplexer. Channel Cards are available for Analog Loop Start, Ground Start, Reverse Battery, and Signaling. 23.Intentionally Left Blank. 23.A rearrangement nonrecurring charge as described in Exhibit A may be assessed on some requests for work to be performed by Qwest on an existing EEL, or on some private line/special access circuits, when coupled with a conversion-as-specified request to convert to EEL. 23.10 CLEC may request access to and, where appropriate, development of additional UNE Combinations. For UNEs Qwest currently combines in its network CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that Qwest does not currently combine, CLEC must use the Bona Fide Request Process (BFR). In its BFR or SRP request CLEC must identify the specific combination of UNEs, identifying each individual UNE by name as described in this Agreement. 23.ntentionally Left Blank. 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 rights otherwise granted by this SGAT or by law to elect to make such conversions. Page 206 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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. 23. 23. ntentionally Left Blank. Intentionally Left Blank. 23.16 In the event Qwest terminates the Provisioning of any UNE Combination service to CLEC for any reason, CLEC shall be responsible for providing any and 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. (Negotiations Template: 23.16. See Minnesota SGA for state specific Section 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. In 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 thi~ Agreement shall bedeemed to prohibit Qwest or CLEC from discussing its products and services with CLEC's or Qwest's End User Customers who call the other Party seeking such information. 23.4 Rates and Charges 23.4.The rates and charges for the individual Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit A for both recurring and 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 Qwest of Provisioning the UNE Combination and providing access to the UNE Combination. These nonrecurring charges, if any, are described in Exhibit A. 23.4.If the Commission takes any action to adjust the rates previously ordered, Qwest will make a compliance filing to incorporate the adjusted rates into Exhibit A. Upon the compliance filing by Qwest, the Parties will abide by the adjusted rates on a going-forward basis, or as ordered by the Commission. Page 207 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 23.4. ntentionally Left Blank. ntentionally Left Blank. 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.UNE Combinations and associated products and services are ordered via an LSR or ASR , as appropriate. Ordering processes are contained in this Agreement and in the PCAT. The following is a high-level description of the ordering process: 23.ntentionally Left Blank. ntentionally Left Blank.23. 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 orders via an LSR or ASR, as appropriate. 23.Additional information regarding the ordering processes are located at: http://www.qwest.com/wholesale/solutions/clecF acility/une -- c. htm I. 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 EEL 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 Page 208 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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. 23. ntentionally Left Blank. ntentionally Left Blank. 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.Billing 23.Qwest shall provide CLEC, on a monthly basis , within seven (7) to ten (10) calendar Days of the last day of the most recent Billing period, in an agreed upon standard electronic Billing format, Billing information including (1) a summary bill, and (2) individual End User Customer sub-account information consistent with the samples available for CLEC review. 23.7 Maintenance and Repair 23.Qwest will maintain facilities and equipment that comprise the service 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. 23.8 Loop-Mux Combination (LMC) 23.Description 23.Loop-mux combination (LMC) is an unbundled Loop as defined in Section 9.2 of this Agreement (referred to in this Section as an LMC Loop) Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1 or DS3 multiplexed facility with no interoffice transport. The PL T/SA multiplexed facility is provided as either an Interconnection Tie Pair (ITP) or Expanded Interconnection Termination (EICT) from the high side of the multiplexer to CLEC's Collocation. The multiplexer and the Collocation must be located in the same Qwest Wire Center. 23.LMC provides CLEC with the ability to access End User Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth via a PL T/SA DS1 or DS3 multiplexer. There is no interoffice transport between the multiplexer and CLEC's Collocation. 23.Qwest offers the LMC Loop as a billing conversion or as new provisioning. Page 209 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 23.Terms and Conditions 23.An Extended Enhanced Loop (EEL) may be commingled with the PL T/SA multiplexed facility. 23. available. LMC Loops will be provisioned where existing facilities are 23. Collocation. The PL T/SA DS1 or DS3 multiplexed facility must terminate in a 23.2.4 The multiplexed facility is subject to all terms and conditions (ordering, provisioning, and billing) of the appropriate Tariff. 23.The multiplexer and the Collocation must be located in the same Qwest Wire Center. 23.Rearrangements may be requested for work to be performed by Qwest on an existing LMC Loop, or on some private line/special access circuits when coupled with a conversion-as-specified request to convert to LMC Loop. 23.Rate Elements 23.The LMC Loop is the Loop connection between the End User Customer Premises and the multiplexer in the serving Wire Center where CLEC is Collocated. LMC Loop is available in DSO and DS1. Recurring and non- recurring charges apply. 23.DSO Mux Low Side Channelization. LMC DSO channel cardsare required for each DSO LMC Loop connected to a 1/0 LMC multiplexer. Channel cards are available for analog loop start, ground start, reverse battery, and no signaling. See channel performance for recurring charges as set forth in Exhibit A. 23.Nonrecurring charges for billing conversions to LMC Loop are set forth in Exhibit A. 23.3.4 A rearrangement nonrecurring charge as described in Exhibit A may be assessed on some requests for work to be performed by Qwest on an existing LMC Loop, or on some private line/special access circuits, when coupled with a conversion-as-specified request to convert to LMC Loop. 23.8.4 Ordering Process 23.8.4.Ordering processes for LMC Loop(s) are contained in this Agreement and in Qwest's Product Catalog (PCA T). The following is a high-level description of the ordering process: 23.8.4.Step 1: Complete product questionnaire for LMC Loop(s) with account team representative. Page 210 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 23.8.4.Step 2: Obtain billing account number (BAN) through account team representative. 23.8.4.Step 3: Allow two (2) to three (3) weeks from Qwest's receipt of a completed questionnaire for accurate loading of LMC rates to the Qwest billing system. 23.8.4.1.4 Step 4: After account team notification , place LMC Loop orders via an LSR. 23.8.4.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 (POA) as set forth in this Agreement. 23.8.4.Standard service intervals for LMC Loops are in the Service Interval Guide (SIG) available at www.qwest.com/whoiesale. 23.8.4.4 Due date intervals are established when Qwest receives a complete and accurate LSR made through the IMA or EDI interfaces or through facsimile. For LMC Loops, the date the LSR is received is considered the start of the service interval if the order is received on a business Day prior to 3:00 p. For LMC Loops , 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 s Day, Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day. 23.Billing 23.Qwest shall provide CLEC, on a monthly basis , within seven to ten (7 to 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. 23.Maintenance and Repair 23.Qwest will maintain facilities and equipment for LMC Loops provided under this Agreement. Qwest will maintain the multiplexed facility pursuant to the Tariff. 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 prior 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 Page 211 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements by the Customer of Record. The Splitter separates the voice and data traffic and allows the copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice service to the End User Customer. "CLEC" will herein be referred to as the voice service provider while "DLEC" will be referred to as the advanced data service provider. CLEC and DLEC may be the same entity. 24.With regard to Qwest's current requirement that Loop Splitting be offered over an existing Unbundled Loop, Qwest acknowledges that there are ongoing industry discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop. If as a result of those discussions , a process is developed for Loop Splitting over a new Loop, Qwest will amend its Agreement to eliminate the limitation of Loop Splitting to existing Unbundled Loops. 24.2 Terms and Conditions 24.General 24.Qwest is not responsible for providing the Splitter, filter(s) and/or other equipment necessary for the End User Customer to receive separate voice and data service across a single copper Loop. 24.To order Loop Splitting, CLEC/DLEC must have a Splitter installed in the Qwest Wire Center that serves the End User Customer. The Splitter must meet the requirements for Central Office equipment Collocation set by the FCC or be compliant with ANSI T1.413. 24.There may only be one DLEC at any given time that provides advanced data service on any given Unbundled Loop. 24.1.4 If Loop Splitting is requested for an analog Loop, the Loop must be converted to a 2/4 wire non-loaded Loop or ADSL compatible Loop. 24.1.4.The Customer of Record will be able to request conditioning of the Unbundled Loop. Qwest will perform requested conditioning of Unbundled Loops to remove load coils and excess Bridged Taps under the terms and conditions associated with Loop conditioning contained in Section 9.2 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 to an analog Loop. 24.Splitters may be installed in Qwest Wire Centers at the discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation arrangements set forth in the Collocation Section of this Agreement. Under either option, Splitters will be appropriately hard-wired or pre-wired so that points of termination are kept to a minimum. For Loop Splitting, Qwest shall use the same length of tie pairs as it uses for other split services provided under this Agreement, except for the additional CLEC-to-CLEC connection, which required for Loop Splitting. Page 212 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 erms ~erline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 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 (lTP) - A monthly recurring charge to recover the costs associated with the use of ITPs. 24.OSS Charge - A monthly recurring charge to recover the cost 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 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. (Negotiations Template: See Minnesota SGA for state specific Sections 24. and its subsections. 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. Page 213 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements 24.4.The Customer of Record will provide on the LSR, theappropriate frame terminations that are dedicated to Splitters. Qwest will administer all cross connects/jumpers on the COSMIC/MDF and IDF. 24.4.Basic Installation "lift and lay" procedure will be used for all Loop Splitting orders. Under this approach, a Qwest technician "lifts" the Loop from its current termination in a Qwest Wire Center and "lays" it on a new termination connecting to CLEC's/DLEC's collocated equipment in the same Wire Center. 24.4.1.4 The Customer of Record shall not place orders for Loop Splitting until all work necessary to provision Loop Splitting in a given Qwest Wire Center including, but not limited to , Splitter installation and tie cable reclassification or augmentation has been completed. 24.4.The Customer of Record shall submit the appropriate LSRs associated with establishing Unbundled Loop and Loop Splitting. 24.4.If the voice service is disconnected on 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.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 Qwestservice troubles provided over Loop Splitting. Qwest will be responsible to repairtroubles 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 Page 214 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~erline (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 9 Unbundled Network Elements Customer of Record may designate an authorized agent pursuant to the terms of sections 9.24.2 and 9.24.3 to perform ordering and/or Maintenance and Repair functions. 24.In order for the authorized agent of the Customer of Record to perform ordering and/or Maintenance and Repair functions , the Customer of Record must provide its authorized agent the necessary access and security devices, including but not limited to user identifications, digital certificates and SecurlD cards, that will allow the authorized agent to access the records of the Customer of Record. Such access will be managed by the Customer of Record. 24.The Customer of Record shall hold Qwest harmless with regard to any harm Customer of Record receives as a direct and proximate result of the acts or omissions of the authorized agent of the Customer of Record or any other Person who has obtained from the Customer of Record the necessary access and security devices including but not limited to user identifications, digital certificates and SecurlD cards, that allow such Person to access the records of the Customer of Record unless such access and security devices were wrongfully obtained by such Person through the willful or negligent behavior of Qwest. Page 215 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services Section 10.0 - ANCILLARY SERVICES (See Idaho and Oregon SGA Ts for state-specfic INP Section 10. 10.Local Number Portability 10.1 Description 10.Local Number Portability (LNP) is defined by the FCC as the ability of users of Telecommunications Services to retain, at the same location, existing Telecommunications numbers without impairment of quality, reliability, or conveniencewhen switching from one Telecommunications Carrier to another. Effective with this Agreement , Qwest will provide CLEC with non-discriminatory access to Qwest's LNP database on an unbundled basis only to the extent CLEC is using a Qwest local circuit Switch on an unbundled basis as addressed in Section 9.11.2. Qwest will allow CLECto port telephone numbers for its End User Customers in the same manner as Qwestports telephone numbers for Qwest End User Customers. CLEC may port telephone numbers into and out of Qwest End Office Switches on behalf of an End User Customer using the following the FCC rules and industry guidelines as described in the following Sections. 10.Qwest uses the Location Routing Number (LRN) architecture. Under the LRN architecture, each End Office Switch is assigned a unique ten-digit LRN , the first six digits of which identify the location of that End Office Switch. The LRN technology is a triggering and addressing method which allows the re-homing of individual telephone numbers to other End Office Switches and ensures the proper routing of calls to ported telephone numbers through the use of a database and the signaling network. The LRN solution interrupts call processing through the use of an Advanced Intelligent Network (AIN) trigger, commonly referred to as the LRN trigger. During this interruption, a query is launched to the LNP database in the signaling network and the call is re-addressed using the LRN information for the ported telephone number. The LRN will route the call to the proper End Office Switch destination. The actual routing of the call with either the dialed telephone number, for calls to non-ported telephone numbers , or the LRN , for calls to ported telephone numbers, observes the rules , protocols and requirements of the existing Public Office Dialing Plan (PODP). 10.2 Terms and Conditions 10.Qwest will provide Local Number Portability (LNP), also known as long- term number portability, in a non-discriminatory manner in compliance with the FCC' rules and regulations and the guidelines of the FCC's North American Numbering Council's (NANC) Local Number Portability Administration (LNPA) Working Group andthe Industry Numbering Committee (INC) of the Alliance for Telecommunications Industry Solutions (ATIS). Unless specifically excluded in Section 10., all telephone numbers assigned to an End User Customer are available to be ported through LNP.Mass calling events shall be handled in accordance with the industry s non-LRN recommendation (NANC's High Volume Call-In Networks dated February 18 , 1998. 10.Each Party shall use reasonable efforts to facilitate the expeditious deployment of LNP. The Parties shall comply with the processes and implementation schedules for LNP deployment prescribed by the FCC. In accordance with industry Page 216 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosec! bv Owest1....Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services guidelines, the publications of LNP capable End Office Switches and the schedule and status for future deployment will be identified in the Local Exchange Routing Guide (LERG). 10.In connection with the provision of LNP, the Parties agree to support and comply with all relevant requirements or guidelines that are adopted by the FCC, or that are agreed to by the Telecommunications industry as a national industry standard. 10.2.4 Qwest will coordinate LNP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption , pursuant to Unbundled Loop provisions identified in Section 9 of this Agreement. CLEC will coordinate with Qwest for the transfer of the Qwest Unbundled Loop coincident with the transfer of the End User Customer s service to Qwest in a reasonable amount of time and with minimum service disruption. For coordination with Loops not associated with Qwest's Unbundled Loop offering, CLEC may order the LNP managed cut, as described in Section 10.5.4. If CLEC requests Qwest to do so by 8:00p.m. mountain time , Qwest will assure that the Qwest Loop is not disconnected that day. 10.2.4.Parties understand that LNP order activity must be coordinated with facilities cutovers in order to ensure that the End User Customer is providedwith uninterrupted service. If the Party porting the telephone number experiences problems with its port or provision of its Loop, and needs to delay or cancel the port and any Loop disconnection, that Party shall notify the other Party immediately. Parties will work cooperatively and take prompt action to delay or cancel the port and any Loop disconnection in accordance with industry (LNPA' National Number Porting Operations Team), accepted procedures to minimize End User Customer service disruptions. 10.2.4.Parties shall transmit a port create subscription or port concurrence message to the NPAC, in accordance with the FCC's LNPA Working Group s guidelines. Qwest will routinely send a concurrence message within the time frames established by the industry. 10.The Parties agree to implement LNP within the guidelines set forth by the generic technical requirements for LNP as specified in Section 21 of this Agreement. 10.Neither Party shall be required to provide Local Number Portability for telephone numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976 NXX number services). 10.After an End Office Switch becomes equipped with LNP all NXXs assigned to that End Office Switch will be defined as portable, to the extent Technically Feasible, and translations will be changed in each Party s Switches so that the portable NXXs are available for LNP database queries. When an NXX is defined as portable, it will also be defined as portable in all LNP-capable End Office Switches that have direct trunks to the End Office Switch associated with the portable NXX. 10.Each Party shall offer Local Number Portability to End User Customers for any portion of an existing DID block without being required to port the entire block of DID telephone numbers. Each Party shall permit End User Customers who port a portion of DID telephone numbers to retain DID service on the remaining portion of the Page 217 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~erline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services DID telephone numbers. 10.At the time of porting a telephone number via LNP from Qwest, Qwest shall ensure that the LlDB entry for that telephone number is de-provisioned if the Qwest LlDB is not being used by CLEC. 10.10 Both Parties agree to follow the LNP End Office Switch request process established by the Parties and in compliance with industry guidelines. 10.11 NXX Migration , or Local Exchange Routing Guide Reassignment reassigns the entire Central Office Code (NXX) to the CLEC End Office Switch if thecode is used solely for one End User Customer. Where one Party has activated an entire NXX for a single End User Customer, or activated a substantial portion of an NXX for a single End User Customer with the remaining telephone numbers in the NXX either reserved for future use or otherwise unused , if such End User Customer chooses to receive service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX reassigned to an End Office Switch operated by the second Party through the NANP administrator. In addition, both Parties agree to cooperate in arranging necessary updates and industry notification in the LERG (and associated industry databases, routing tables, etc.). Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead- times (as identified in the LERG and the Central Office Code Administration guidelines) for movement of NXXs from one End Office Switch to another. Other applications of NXX migration will be discussed by the Parties as circumstances arise. 10.12 In connection with all LNP requests, the Parties agree to comply with the National Emergency Number Association (NENA) recommended standards for service provider Local Number Portability (NENA-02-011), as may be updated from time to time regarding unlocking and updating End User Customers' telephone number records in the 911/Automatic Location Information (All) database. The Current Service Provider shall send the 911 unlock record on the completion date of the order to the 911 database administrator. 10.13 Porting of Reserved Numbers. The End User Customers of each Party may port Reserved Numbers from one Party to the other Party via LNP. Qwest will port telephone numbers previously reserved by the End User Customer via the appropriate retail Tariffs until these reservations expire. Qwest will no longer reserve telephone numbers for End User Customers. 10.14 Limits on Subscriber Relocation. Qwest and CLEC agree that a End User Customer may geographically relocate at the same time as it ports its telephone number using LNP, to the New Service Provider; provided , however, that the Current Service Provider may require that the End User Customer s relocation at the time of the port to the New Service Provider be limited to the geographic area represented by the NXX ofthe ported telephone number. The Current Service Provider may not impose a relocation limitation on the New Service Provider or the New Service Provider subscribers that is more restrictive than that which the Current Service Provider would impose upon its own subscribers with telephone numbers having the same NXX as the telephone number(s) being ported. In addition, the Current Service Provider may not impose any restrictions on relocation within the same Rate Center by a ported End User Customer while that End User Customer is served by the New Service Provider. Page 218 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services 10.3 Service Management System 10.Each Party shall sign the appropriate NPAC user agreement(s) and obtain certification from the appropriate NPAC administrator(s) that the Party or the Party s Service Order Administration (SOA) and Local Service Management System (LSMS) vendor(s) has systems and equipment that are compatible with the NPAC' established protocols and that the application of such systems and equipment is compatible with the NPAC. 10.Each Party shall cooperate to facilitate the administration of the SMS through the process prescribed in the documents referenced in Section 21. 10.4 Database and Query Services 10.2.4.Local Switch Ports include CLEC use of Qwest's Local Number Portability Database, to the extent that a local circuit Switch is required to be unbundled by the Commission as addressed in Section 9.11.2. The LNP database provides the call routing information used by Qwest's End Office Switches and Tandem Switches to route CLEC's End User Customer s calls to a ported telephone number or to terminate calls to CLEC's End User Customer s using a ported telephone number. 10.2.4.For local calls to a NXX in which at least one telephone number has been ported via LNP at the request of CLEC, the Party that owns the originating Switch shall query an LNP database as soon as the call reaches the first LNP-capable Switch in the call path. The Party that owns the originating Switch shall query on a local call to a NXX in which at least one telephone number has been ported via LNP prior to any attempts to route the call to any other Switch. Prior to the first telephone number in a NXX being ported via LNP at the request of CLEC, Qwest may query all calls directed to the NXX subject to the Billing provisions as discussed in Section 10.2.4.1 and provided that Qwest queries shall not adversely affect the quality of service to CLEC's End User Customers as compared to the service Qwest provides its own End User Customers. 10.2.4.A Party shall be charged for a LNP query by the other Party only if the Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but failed to do so. Parties are not obligated to perform the LNP query prior to the first port requested in a NXX. 10.2.4.4 On calls originating from a Party s network, the Party will populate, if Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first six digits of the originating LRN in the SS7 Initial Address Message. 10.2.4.Each Party shall cooperate in the process of porting telephone numbers from one Carrier to another so as to limit service outage for the ported subscriber. Qwest shall update its LNP database from the NPAC SMS data within fifteen (15) minutes of receipt of a download from the NPAC SMS. 10.5 Ordering 10.Both Parties shall comply with ordering standards as developed by the industry and as described in Section 12 of this Agreement. LNP service is ordered via a Local Service Request and associated LNP forms. CLEC may order LNP either Page 219 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. 10.Standard Due Date Intervals. Service intervals for LNP are described below. These intervals include the time for Firm Order Confirmation (FOC). Orders received after 7:00 p.m. (mountain time) are considered the next business day. The following service intervals have been established for LNP: Telephone Numbers To Port Interval* Simple (1 FR/1 FB)3 business days (includes FOC 24 hr interval) 4 business days (includes FOC 24 hr interval) 51 or more Project Basis Complex (PBX Trunks , ISDN Centrex) 5 business days (includes FOC 24 hr interval) 26 or more Project Basis Intervals for LNP with Unbundled Loops shall be governed by Section 9.2.4.6 of the Agreement. 10.Most LNP order activity is flow-through, meaning that the ten (10) digit unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically. CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be set automatically, although there may be some instances when Qwest or the Number Portability Administration Center/Service Management System (NPAC/SMS) will provide prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut is outside Qwest's normal business hours for LNP , Qwest will have personnel available in the repair center to assist in the event that CLEC experiences problems during thecut. In addition , Qwest allows CLEC to request a managed cut on a 24 X 7 basis in those situations where a cut would otherwise have been flow-through , but where CLEC has a business need to have Qwest personnel dedicated to the cut. The terms and conditions for managed cuts are described in 10.5.4. 10.Qwest will set the ten (10) digit unconditional trigger for telephone numbers to be ported , unless technically infeasible , by 11 :59 p. (local time) on the business day preceding the scheduled port date. (A 10-digit unconditional trigger cannot be set for DID services in 1AESS, AXE10 , and DMS10 End Office Switches thus managed cuts are required , at no charge.) The ten (10) digit unconditional trigger and End Office Switch translations associated with the End User Customer s telephone number will not be removed, nor will Page 220 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services Qwest disconnect the End User Customer s Billing and account information , until 11 :59 p.m. (local time) of the next business day after the Due Date. CLEC is required to make timely notification of Due Date changes or cancellations by 8:00 m. (mountain time) on the Due Date through a supplemental LSR order. In the event CLEC does not make a timely notification CLEC may submit a late notification to Qwest as soon as possible but in no event later than 12:00 p. (mountain time) the next business day after the Due Date to Qwest's Interconnect Service Center in the manner set forth below. For a late notification properly submitted , Qwest agrees to use its best efforts to ensure that the End User Customer s service is not disconnected prior to 11 :59 p.m. of the next business day following the new Due Date or, in the case of a cancellation, no disruption of the End User Customer s existing service. Late notifications must be made by calling Qwest's Interconnect Service Center followed by CLEC submitting a confirming supplemental LSR order. 10.5.4 LNP Managed Cut With CLEC-Provided Loop: A managed cut permits CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7 basis. 10.5.4.The date and time for the managed cut requires up-front planning and may need to be coordinated between Qwest and CLEC. All requests will be processed on a first come, first served basis and are subject to Qwest's ability to meet a reasonable demand. Considerations such as system downtime, Switch upgrades, Switch maintenance , and the possibility of other CLECs requesting the same FDT in the same End Office Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Qwest will coordinate with CLEC for an agreed upon FDT, prior to issuing the Firm Order Confirmation (FOC). In special cases where a FDT must be agreed upon, the interval to reach agreement will not exceed two (2) days. addition , standard intervals will apply. 10.5.4.CLEC shall request a managed cut by submitting a Local Service Request (LSR) and designating this order as a managed cut in the remarks section of the LSR form. 10.5.4.CLEC will incur additional charges for the managed cut dependent upon the FDT. The rates are based upon whether the request is within Qwest's normal business hours or out of hours. Qwest's normal business hours are 7:00 a.m. to 7:00 p., End User Customer local time, Monday through Friday. The rate for managed cuts during normal business hours is the standard rate. The rate for managed cuts out of hours, except for Sundays and Holidays is the overtime rate. Sundays and Holidays are at premium rate. 10.5.4.4 Charges for managed cuts shall be based upon actual hours worked in one-half (%) hour increments. Exhibit A of this Agreement contains the rates for managed cuts. CLEC understands and agrees that in the event CLEC does not make payment for managed cuts, unless disputed as permitted under Section 5.4 of this Agreement, Qwest shall not accept any new LSR requests for managed cuts. 10.5.4.Qwest will schedule the appropriate number of employees prior Page 221 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services to the cut, normally not to exceed three (3) employees, based upon information provided by CLEC. CLEC will also have appropriate personnel scheduled for the negotiated FDT. If CLEC's information is modified during the cut, and, as a result, non-scheduled employees are required, CLEC shall be charged a three (3) hour minimum callout charge per each additional non-scheduled employee. the cut is either cancelled , or supplemented to change the Due Date, within twenty-four (24) hours of the negotiated FDT CLEC will be charged a one person three (3) hour minimum charge. If the cut is cancelled due to a Qwest error or a new Due Date is requested by Qwest, within twenty-four (24) hours of the negotiated FDT, Qwest may be charged by CLEC one person three (3) hour minimum charge as set forth in Exhibit A. 10.5.4.In the event that the LNP managed cut 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. If CLEC is in error then a supplemental order shall be provided to Qwest. If Qwest is in error no supplemental order or additional order will be required of CLEC. 10.5.4.Qwest shall ensure that any LNP order activity requested in conjunction with a managed cut shall be implemented in a manner that avoids interrupting service to the End User Customer, including, without limitation ensuring that the End User Customer s Qwest Loop will not be disconnected prior to confirmation that CLEC Loop has been successfully installed. 10.Maintenance and Repair 10.Each Party is responsible for its own End User Customers and will have the responsibility for resolution of any service trouble report(s) from its End User Customers. End User Customers will be instructed to report all cases of trouble to their Current Service Provider. 10.Each Party will provide their respective End User Customers the correct telephone numbers to call for access to their respective repair bureaus. Each Party will provide their repair contact telephone numbers to one another on a reciprocal basis. 10.Qwest will work cooperatively with CLEC to isolate and resolve trouble reports. When the trouble condition has been isolated and found to be within a portion of the Qwest network Qwest will perform standard tests and isolate and repair the trouble within twenty-four (24) hours of receipt of the report. 10.6.4 Qwest will proactively test new Switch features and service offerings to ensure there are no problems with either the porting of telephone numbers or calls from Qwest End User Customers to CLEC End User Customers with ported telephone numbers or vice versa. 10.7 Rate Elements 10.Qwest will comply with FCC and Commission rules on cost recovery for Page 222 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services Local Number Portability. 10.911/E911 Service 10.1 Description 10.911 and E911 provides an End User Customer access to the applicable emergency service bureau , where available , by dialing a 3-digit universal telephone number (9-1). 10.Automatic Location Identification/Data Management System (ALI/DMS). The ALI/DMS database contains End User Customer information (including name, address , telephone number, and sometimes special information from the local service provider or End User Customer) used to determine to which Public Safety AnsweringPoint (PSAP) to route the call. The ALI/DMS database is used to provide more routing flexibility for E911 calls than Basic 911. 10.Basic 911 directly connects to the PSAP all 911 calls from one or more local exchange End Office Switches that serve a geographic area. E911 provides additional Selective Routing flexibility for 911 calls. E911 uses End User Customer data contained in the ALI/DMS , to determine to which Public Safety Answering Point (PSAP) to route the call. 10.2 Terms and Conditions 10.Qwest will provide nondiscriminatory access to the same Basic 911 orEnhanced 911 features, functions and services that Qwest provides to its End User Customers. E911 functions provided to CLEC shall be at the same level of accuracyand reliability as for such support and services that Qwest provides to its End User Customers for such similar functionality. 10.In counties where Qwest has obligations under existing agreements as the primary provider of the 911 system to the county, CLEC will participate in the provision of the 911 System as described in Section 10.3 and as required by Applicable Law. 10. services. Qwest shall conform to all state regulations concerning emergency 10.2.4 Qwest shall route E911 calls to the appropriate PSAP. 10.Each Party will be responsible for those portions of the 911 system for which it has total control, including any necessary maintenance to each Party s portion of the 911 system. 10.Qwest will provide CLEC with the identification of the Qwest 911 controlling office that serves each geographic area served by CLEC. 10.Qwest will provide CLEC with the ten-digit telephone numbers of each PSAP agency, for which Qwest provides the 911 function , to be used by CLEC to acquire emergency telephone numbers for operators to handle emergency calls in those Page 223 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services instances where CLEC's End User Customer dials "0" instead of "911"It shall be the responsibility of CLEC to verify or confirm the appropriate use of the contact information provided by Qwest with each PSAP prior to offering 911 calls or publication of such data. 10.If a third party is the primary service provider to a county, CLEC will negotiate separately with such third party with regard to the provision of 911 service tothe county. All relations between such third party and CLEC are separate from this Agreement and Qwest makes no representations on behalf of the third party. 10.If CLEC is the primary service provider to the county, CLEC and Qwest will negotiate the specific provisions necessary for providing 911 service to the county and will include such provisions in an amendment to this Agreement. 10.10 CLEC will separately negotiate with each county regarding the collectionand reimbursement to the county of applicable End User Customer taxes for 911 service. (See OREGON SGA for state-specific Section 10.10) 10.11 CLEC is responsible for network management of its network components in compliance with the Network Reliability Council Recommendations and meeting the network standard of Qwest for the 911 call delivery. 10.12 The Parties shall provide a single point of contact to coordinate all activities under this Agreement. 10.13 Neither Party will reimburse the other for any expenses incurred in the provision of E911 services. All costs incurred by the Parties for 911/E911 services shall be billed to the appropriate PSAP. 10.14 Qwest's designated E911 database provider, an independent third party,will be responsible for maintaining the E911 database. CLEC shall have non- discriminatory unbundled access to the E911 database, including the listings of other LECs for purposes of providing 911 services related to the public health, safety and welfare. 10.3 E911 Database Updates 10.CLEC exchanges to be included in Qwest's E911 Database will indicated via written notice to the appropriate 911 authority (state agency or PSAP administrator or county) and will not require an amendment to this Agreement. 10.Qwest's designated E911 database provider, an independent third party, will be responsible for maintaining the E911 database. Qwest, or its designated database provider, will provide to CLEC an initial copy of the most recent Master Street Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge. MSAGs provided outside the quarterly schedule will be provided and charged on an Individual Case Basis. The data will be provided in computer readable format. Qwest shall provide CLEC access to the Master Street Address Guide at a level of accuracy and reliability that is equivalent to the access Qwest provides to itself. Page 224 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services 10.4 E911 Database Updates for Facilities-Based CLECs 10.3.4.Qwest will ensure that the 911 database entries for CLEC will bemaintained with the same accuracy and reliability that Qwest maintains for Qwest's own End User Customers. 10.3.4.For Selective Routing table updates , facilities-based CLECs will negotiatedirectly with Qwest's database provider for the input and validation of End UserCustomer data into the Qwest Automatic Location Identification (All) database. CLEC will negotiate directly with the PSAP (or PSAP agency s) DMS/ALI provider for input of End User Customer data into the All database. In most cases the Selective Routingtable updates and the All database will be managed by the same provider. CLEC assumes all responsibility for the accuracy of the data that CLEC provides for MSAGpreparation and E911 Database operation. 10.3.4.If it is facilities-based CLEC will provide End User Customer data to Qwest's agent for the Qwest All database utilizing NENA-02-010 Recommended Formats and Protocols For All Data Exchange standards. Qwest will furnish CLEC any variations to NENA recommendations required for All database input. 10.3.4.4 If it is facilities-based CLEC will provide End User Customer data to Qwest's database provider for Qwest's All database that is MSAG valid and meets all components of the NENA-02-011 Recommended Data Standards for Local Exchange Carriers, All Service Providers and 9-1 Jurisdictions standard format, as specified by Qwest. 10.3.4.If it is facilities-based, CLEC will update its End User Customer records provided to Qwest's database provider for Qwest's All database to agree with the 911 MSAG standards for its service areas. 10.3.4.Qwest's E911 database administrator, an independent third party, shall resolve failed Local Number Portability migrate records in accordance with the NENA standard , NENA-02-011 Sections 22B., for Qwest records where Qwest is the donor company as defined in the NENA standard. The Qwest E911 database administrator will compare CLEC's (i.e., recipient company as defined in the NENA standard) failed migrate records to the Regional Number Portability Administration Center s (NPAC)database once each business day to determine if the migrate record (i.e., ported telephone number) has been activated by the recipient company. If the migrate record has been activated by CLEC in the NPAC, the record shall be unlocked and the migrate record processed. If, at the end of ten (10) business days , the NPAC database does not show the migrate record as activated or the record owner identification does not match the migrate record will be rejected. The E911 database administrator will send reports regarding CLEC'failed migrate records (i.e.755 error code) and rejected migrate records (i.e., 760 error code) to CLEC or CLEC's designated database administrator. Qwest's E911 database administrator will also resolve failed migrate records for CLEC, if valid based on the NPAC database. 10.5 E911 Database Updates for Resale Based 10.For resold services, Qwest, or its designated database provider, will provide updates to the All database in a manner that is at the same level of accuracy Page 225 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo!!:LUnderline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services and reliability as such updates are provided for Qwest's End User Customers. Forresold accounts, CLEC shall provide Qwest with accurate End User Customer locationinformation to be updated to the ALI/DMS database. Qwest shall use its current process to update and maintain End User Customer information in the ALI/DMS database. 10.6 E911 Database Accuracy 10.E911 Database accuracy shall be measured jointly by the PSAPs and Qwest's database provider in a format supplied by Qwest. The reports shall be forwarded to CLEC by Qwest's database provider when relevant and will indicateincidents when incorrect or no All data is displayed. The reports provided to CLEC shall contain CLEC-specific information regarding CLEC's accounts. 10.Each discrepancy report will be jointly researched by Qwest and CLEC. Corrective action will be taken immediately by the responsible Party. 10.Each Party providing updates to the E911 database will be responsiblefor the accuracy of its End User Customer records. Each Party providing updatesspecifically agrees to indemnify and hold harmless the other Party from any claimsdamages, or suits related to the accuracy of End User Customer data provided for inclusion in the E911 Database. (Section 10.3 does not exist in Minnesota) 10.6.4 Qwest and its vendor will provide non-discriminatory error correction for records submitted to the Automatic Location Identification (All) database. For resoldaccounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to correct the error, vendor will contact Qwest for error resolution. For errors referred to Qwest, Qwest will provide the corrections in a non-discriminatory manner. If Qwest isunable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the case of facility-based CLECs, the vendor will interface directly with CLEC to resolverecord errors. 10.7 E911 Interconnection 10.If required by CLEC , Qwest shall interconnect direct trunks from CLEC' network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be provided by CLEC. If provided by Qwest, such trunks will be provided on a non- discriminatory basis. Qwest shall provide special protection identification for CLEC 911 circuits in the same manner as Qwest provides for its 911 circuits and as required by Applicable Law. 10.The Parties shall establish a minimum of two (2) dedicated trunks from CLEC's Central Office to each Qwest 911/E911 Selective Router (i.e., 911Tandem Office) that serves the areas in which CLEC provides Exchange Service, for the provision of 911/E911 services and for access to all subtending PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for 911/E911 circuits, if facilities are available. When Qwest facilities are available Qwest will comply with diversity of facilities and systems as ordered by CLEC. Where there is alternate routing of 911/E911 calls to a PSAP in the event of failures, Qwest shall make that alternate routing available to CLEC. Page 226 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services 10.911 Interconnection Trunk Groups must be, at a minimum, DS- level trunks configured as a 2-wire analog interface or as part of a digital (1.544 Mbps) interface. Either configuration must use Centralized Automatic Message Accounting (CAMA) type signaling with MF tones that will deliver Automatic Number Identification (ANI) with the voice portion of the call, or Signaling System 7 (SS7) if available (i.e., other signaling technology as available). All 911 Interconnection trunk groups must be capable of transmitting and receiving Baudot code necessary to support the use of Telecommunications Devices for the Deaf (TTYITDDs). 10.Qwest shall begin restoration of 911/E911 trunking facilities immediately upon notification of failure or outage. Qwest must provide priority restoration of trunks or network outages on the same terms and conditions it provides itself. CLEC will be responsible for the isolation , coordination, and restoration of all 911 network maintenance problems to the CLEC demarcation. Qwest will be responsible for the coordination and restoration of all 911 network maintenance problems beyond the demarcation. Qwest repair service includes testing and diagnostic service from a remote location , dispatch of or in-person visit(s) of personnel. Where an on-site technician is determined to be required, a technician will be dispatched without delay. CLEC is responsible for advising Qwest of the circuit identification when notifying Qwest of a failure or outage. The Parties agree to work cooperatively and expeditiously to resolve any 911 outage. Qwest will refer network trouble to CLEC if no defect is found in Qwest' network. The Parties agree that 911 network problem resolution will be managed in an expeditious manner at all times. 10.For CLEC-identified 911 trunk blockages , Qwest agrees to take corrective action using the same trunking service procedures used for Qwest's own E911 trunk groups. 10.The Parties will cooperate in the routing of 911 traffic in those instances where the All/ANI information is not available on a particular 911 call. 10.7.4 For a facility-based CLEC Qwest shall provide 911 Interconnection including the provision of dedicated trunks from CLEC End Office Switch to the 911 control office, at Parity with what Qwest provides itself. 10.For a Reseller CLEC , or a CLEC using Unbundled Switching, Qwest shall provide CLEC with access to the same 911 trunks used for Qwest's retail End User Customers which extend from the Qwest End Office Switch to the Basic 911 PSAP or the E911 Tandem Switch. CLEC access to such 911 trunks shall be on a shared, non~ discriminatory basis. 10.E911 and Number Portability 10.When a Qwest telephone number is ported out, the receiving CLEC shall be responsible to update the ALI/DMS database. When a CLEC telephone number is ported in , Qwest shall be responsible to update the ALI/DMS database. Page 227 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services See Idaho and Oregon SGA Ts for state-specfic Section 10. 10.Public Switch/Automatic Location Identification (PS/ALI) Service 10.PS/ALI Description 10.Private Switch/Automatic Location Identification (PS/ALI) Service provides End User Customers using a private telephone Switch , such as Private Branch Exchanges (PBXs) and some CentrexlCentron , with the Selective Routing and/or Automatic Location Identification (SR/ALI) feature(s) of E911 for individual telephone stations served by the PBX or CentrexlCentron. The PS/ALI capability allows for the storage and retrieval of Automatic Location Identification and/or the Selective Routing of that call to the appropriate Public Safety Answering Point (PSAP). 10.2 CLEC's PS/ALI End User Customer systems are viewed as a Serving Wire Center within the E911 network. The Automatic Number Identification (ANI) generated by the PBXlCentrexlCentron will be read processed, and utilized as if it were a typical End Office Switch. The E911 SRwill route the E911 PS/ALI call to the appropriate PSAP based on the ANI received, or the default Emergency Service Number (ESN). Upon receipt of the information, the PSAP forwards the ANI information to the All database over an existing data network , where it is then used to retrieve the stored station name address and location information. The PSAP monitor then displays the stationaddress and location information for handling by the emergency response personnel. 10.The PS/ALI capability consists of the All database updates and transport of PS/ALI calls to an E911 SR or to the appropriate PSAP. 10.PS/ALI Terms and Conditions 10.PS/ALI service is only available in areas where E911 is currently supported. PS/ALI is not available with Basic 911 service. 10.CLEC or CLEC's PS/ALI End User Customer is responsible forestablishing and maintaining the E911 database records for the PBXlCentrexlCentron. CLEC or CLEC's PS/ALI End User Customer shall provide the PBXlCentrexlCentron All information to Qwest's designated E911 database provider. PS/ALI information includes the name, address and location information for each station behind the PBXlCentrexlCentron. Qwest does not guarantee or confirm the accuracy of End User Customer provided information. 10.When the station user dials 911 , the PBXlCentrexlCentron must be able to recognize the digits as a complete dialing code. (In some systems , it may be necessary to dial a single digit network access code before dialing 911 i.e., dial "9" to make a call outside of the Private Switch prior to dialing 911). The PBXlCentrexlCentron must provide a full seven (7) digit numbering system and the associated ANI for every station within the Private Switch. If the seven (7) digit number is not dialable , CLEC's PS/ALI End User Customer is responsible to identify the associated call back number to be populated in the database. PS/ALI Page 228 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May.13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services Service is not available with Digital Switched Service (DSS). PS/ALI is available over Primary Rate Interface (PRI) trunks. If CLEC's PS/ALI End User Customer uses Integrated Service Digital Network - Primary Rate Interface (ISDN-PRI) to provide PS/ALI , special Centralized Automatic Accounting (CAMA) trunks are not required. 10.2.4 For PS/ALI resold service CLEC shall meet the terms and conditions for Qwest's PS/ALI retail product. 10.PS/ALI Database Updates 10.Qwest's designated E911 database provider, an independent third party, will be responsible for maintaining the PS/ALI E911 database. Qwest's E911 database provider will provide the CLEC's PS/ALI End User Customer with the specific PC based PS/ALI software requirements to access and update the All database with their station name, address and location information. 10.2 CLEC's PS/ALI End User Customer will provide the input and validation of station data directly into the All database. CLEC's PS/ALI End User Customer will provide station data to Qwest's All database provider that is Master Street Address Guide (MSAG) valid and utilizes National Emergency Number Association (NENA) guidelines. PS/ALI follows the NENA-02-010 Recommended Formats and Protocols For All Data Exchange, NENA-02-011 Recommended Data Standards for Local Exchange Carriers (LEC), All Service Providers and 911 Jurisdictions. Qwest will furnish CLEC with any variations to NENA recommendations required for PS/ALI database input. 10.9.4 PS/ALI Database Accuracy 10.9.4.PS/ALI database accuracy shall be measured jointly by the PSAPs and Qwest's database provider. The reports shall be forwarded to CLEC or CLEC's PS/ALI End User Customer by Qwest's database provider when relevant and will indicate incidents when incorrect or no All data is displayed. The responsible Party will take corrective action immediately. 10.9.4.Each Party providing PS/ALI updates to the E911 database will be responsible for the accuracy of its records. 10.PS/ALllnterconnection 10.As required by Applicable Law, facilities-based CLEC shall interconnect direct trunks from CLEC's network to the PSAP or the E911 tandem (Selective Router), in accordance with the terms and conditions identified in E911 Interconnection If technically capable CLEC may route PS/ALI calls over CLEC's existing E911 Interconnection trunks. In some instances technical requirements may necessitate provisioning dedicated PS/ALI CAMA trunks between either the CLEC's Switch and the E911 Selective Router or PSAP or between the CLEC's PS/ALI End User Customer PBXlCentrexlCentron and the E911 Selective Router or PSAP. In these instances the dedicated PS/ALI ES CAMA trunks must comply with the terms and conditions of standard E911 Page 229 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services Interconnection. 10.For a reseller CLEC , or a CLEC using Unbundled Switching, CLEC's PS/ALI Customer is required to install a minimum of two (2) trunks for each main location listed where the PBXlCentrexlCentron resides on a End User Customer s premises to the 911 system. The dedicated PS/ALI ES CAMA trunks will comply with the terms and conditions of standard E911 Interconnection. PS/ALI service is available in some Qwest end offices over PRI trunks. CLEC's PS/ALI End User Customer uses ISDN PRI to provide PS/ALI , special CAMA trunks are not required. Dedicated circuits are not required for Centron service. 10.PSI All Rate Elements 10.Rates and charges for PS/ALI service will be assessed based on CLEC's specific requirements. Both nonrecurring and monthly recurring rates may be applicable. Rate elements for PS/ALI are: 10.Recurring Rates - All Service Features 10.Monthly recurring rate for All storage and retrieval (per 1 000 access lines served). 10. designated PSAP. Monthly recurring rate for SR for routing to 10.Nonrecurring Rates 10.A one time nonrecurring charge to set-up the PS/ALI account with the E911 database provider. 10. 10. PS/ALI Resale. Network Access Channel (NAC) per station location. 10.3.4 10. Channel Connection (CC) per station location. Channel Performance (CP) per station location. 10.Channel Transmission (CTP) per station. 10.Transport Mileage - Interoffice mileage between different Serving Wire Centers and is composed of mileage bands based on a fixed or a per mile rate. 10.PS/ALI Ordering 10.Facilities-based CLEC - PS/ALI Ordering 10.Once all critical information has been obtained and agreed upon in the PS/ALI Joint Planning Meeting, CLEC's PS/ALI Interconnection arrangement will determine the ordering process to be Page 230 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services followed. If CLEC is planning on routing PS/ALI traffic over an existing E911 ES trunk group, and capacity exists to handle the additional PS/ALI traffic, CLEC will not be required to issue any changes to the existing E911 Interconnection arrangement. If CLEC determines that a new dedicated PS/ALI ES trunk group is required to route PS/ALI traffic from CLEC Switch to the Qwest SR, CLEC will follow the process outlined in the PCAT E911 ordering section. 10.All service features may be ordered from Qwest or directly from the third party database provider. If ordering from Qwest CLEC will use the ASR process. If ordering directly from the third party provider, CLEC will need to establish service with the third party provider for the PS/ALI update, storage and retrieval capability. 10.Resale - PS/ALI Ordering 10.Orders for Resold PS/ALI are submitted using the Local Service Ordering Guidelines (LSOG) and should be placed via the Interconnect Mediated Access Graphical User Interface (IMA GUI) or Interconnect Mediated Access Electronic Data Interexchange (IMA EDI). 10.PS/ALI Billing 10.Upon completion of implementation of the PS/ALI service Qwest will initiate PS/ALI nonrecurring and recurring Billing. 10.White Pages Directory Listings 10.1 Description White Pages Listings Service (Listings) consists of Qwest placing the names, addresses and telephone numbers of CLEC's End User Customers in Qwest's Listing database , based on End User Customer information provided to Qwest by CLEC. Qwest is authorized to use CLEC End User Customer Listings as noted below. 10.2 Terms and Conditions 10.4.CLEC will provide in standard format, by mechanized or by manual transmission to Qwest, its primary, premium and privacy Listings. Qwest will accept one primary Listing for each main telephone number belonging to CLEC's End User Customers at no charge. 10.4.CLEC will be charged for premium and privacy Listings (e., additional foreign , cross reference) at Qwest's General Exchange Listing Tariff rates, less the wholesale discount, as described in Exhibit A. Primary Listings and other types of Listings are defined in the Qwest General Exchange Tariffs. 10.4.Information on submitting and updating Listings is available in " Facility Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User Documents.Qwest will furnish CLEC the Listings format specifications. Directory publishing schedules and deadlines for Qwest'official directory publisher will be Page 231 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services provided to CLEC. 10.4.2.4 If CLEC provides its End User Customer Listings to Qwest CLECgrants Qwest access to CLEC's End User Customer Listings information for use in its Directory Assistance Service , and for other lawful purposes, except that CLEC's Listingssupplied to Qwest by CLEC and marked as non published or nonlisted Listings shall not be used for marketing purposes subject to the terms and conditions of this Agreement. Qwest will incorporate CLEC End User Customer Listings in the Directory Assistance Database. Qwest will incorporate CLEC's End User Customer Listings information in all existing and future Directory Assistance applications developed by Qwest. ShouldQwest cease to be a Telecommunications Carrier, by virtue of a divestiture , merger or other transaction, this access grant automatically terminates. 10.4.CLEC End User Customer Listings will be treated the same as Qwest'sEnd User Customer Listings. Prior written authorization from CLEC, which authorization may be withheld , shall be required for Qwest to sell, make available, or release CLEC'End User Customer Listings to directory publishers, or other third parties other than Directory Assistance providers. No prior authorization from CLEC shall be required for Qwest to sell make available, or release CLEC's End User Customer Directory Assistance Listings to Directory Assistance providers. Listings shall not be provided or sold in such a manner as to segregate End User Customers by Carrier. Qwest will not charge CLEC for updating and maintaining Qwest's Listings databases. CLEC will notreceive compensation from Qwest for any sale of Listings by Qwest as provided for under this Agreement. (See Minnesota SGA for state-specific Section 10. 10.4.To the extent that state Tariffs limit Qwest's liability with regard to Listings, the applicable state Tariff(s) is incorporated herein and supersedes the Limitation of Liability section of this Agreement with respect to Listings only. 10.4.Qwest is responsible for maintaining Listings including entering,changing, correcting, rearranging and removing Listings in accordance with CLEC orders. 10.4.Qwest provides non-discriminatory appearance and integration of white pages Listings for all CLEC's and Qwest's End User Customers. All requests for white pages Directory Listings, whether CLEC or Qwest End User Customers, follow the same processes for entry into the Listings database. 10.4.Qwest will take reasonable steps in accordance with industry practices to accommodate nonpublished and nonlisted Listings provided that CLEC has supplied Qwest the necessary privacy indicators on such Listings. 10.4.10 CLEC white pages Listings will be in the same font and size as Listings for Qwest End User Customers, and will not be separately classified. 10.4.11 Qwest processes for publication of white pages Directory Listings willmake no distinction between CLEC and Qwest subscribers. CLEC Listings will be provided with the same accuracy and reliability as Qwest's End User Customer Listings. Qwest will ensure CLEC Listings provided to Qwest are included in the white pages Page 232 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services directory published on Qwest's behalf using the same methods and procedures, andunder the same terms and conditions, as Qwest uses for its own End User Customer Listings. 10.4.12 Qwest shall ensure its third party publisher distributes appropriatealphabetical and classified directories (white and yellow pages) and recycling services to CLEC End User Customers at Parity with Qwest End User Customers, including providing directories a) upon establishment of new service; b) during annual massdistribution; and c) upon End User Customer request. 10.4.13 CLEC shall use commercially reasonable efforts to ensure that Listingsprovided to Qwest are accurate and complete. All third party Listings information provided AS IS , WITH ALL FAULTS. CLEC further represents that it shall review allListings information provided to Qwest, including End User Customer requestedrestrictions on use, such as nonpublished and nonlisted restrictions. 10.4.Reserved for Future Use. 10.4.15 CLEC shall be solely responsible for knowing and adhering to state lawsor rulings regarding Listings and for supplying Qwest with the applicable Listinginformation. 10.4.16 CLEC agrees to provide to Qwest its End User Customer namesaddresses and telephone numbers in a standard mechanized format, as specified by Qwest. 10.4.17 CLEC will supply its ACNAICIC or CLCC/OCN , as appropriate, with each order to provide Qwest the means of identifying Listings ownership. 10.4.18 Prior to placing Listings orders on behalf of End User Customers, CLECshall be responsible for obtaining, and have in its possession, Proof of Authorization (POA), as set forth in Section 5.3 of this Agreement. 10.4.19 Qwest will provide monthly Listing verification proofs that provide the datato be displayed in the published white pages directory and available on DirectoryAssistance. Verification proofs containing non published and nonlisted Listings are also available upon request on the same monthly schedule. 10.4.20 Qwest will provide CLEC a reasonable opportunity to verify the accuracy of the Listings to be included in the white pages directory and Directory Assistance. 10.4.21 CLEC may review and if necessary edit the white page Listings prior to the close date for publication in the directory. 10.4.22 CLEC is responsible for all dealings with, and on behalf of, CLEC's End User Customers , including: 10.4.22.All End User Customer account activity (e., End User Customer queries and complaints); 10.4.22.All account maintenance activity (e., additions, changes Page 233 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold Und~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services issuance of orders for Listings to Qwest); 10.4.22.Determining privacy requirements and accurately coding the privacy indicators for CLEC's End User Customer information (if End UserCustomer information provided by CLEC to Qwest does not contain a privacy indicator, no privacy restrictions will apply); and 10.4.22.4 Customers. Any additional services requested by CLEC'End User 10.4.23 Pursuant to Sec. 222 (a), (b), (c), (d), and (e) of the Telecommunications Act, Qwest will provide subscriber lists information gathered in Qwest's capacity as a provider of Local Exchange Service on a timely and unbundled basis , under non- discriminatory and reasonable rates , terms and conditions to CLEC upon request for the purpose of publishing directories in any format. Rates may be subject to federal or state law or rules, as appropriate. Upon request by CLEC , Qwest shall enter into negotiations with CLEC for CLEC's use of subscriber list information for purposes other than publishing directories, and Qwest and CLEC will enter into a written contract if agreement is reached for such use. 10.4.23.Qwest shall use commercially reasonable efforts to ensure that its retail End User Customer Listings provided to CLEC are accurate and complete. Any third party Listings are provided AS IS, WITH ALL FAULTS. Qwest further represents that it shall review all its retail End User Customer Listings information provided to CLEC including End User Customer requested restrictions on use, such as non published and nonlisted restrictions. 10.4.24 Qwest represents and warrants that any arrangement for the publicationof white pages Directory Listings with an Affiliate or contractor (including, without limitation, Qwest Dex, Inc.) (an Affiliate), requires such Affiliate or contractor to publish the Directory Listings of CLEC contained in Qwest's Listings database so that CLEC' Directory Listings are non-discriminatory in appearance and integration, and have the same accuracy and reliability that such Affiliate or contractor provides to Qwest's End User Customers. 10.4.25 Qwest further agrees that any arrangements for the publication of whitepages Directory Listings with an Affiliate or contractor shall require such Affiliate or contractor to include in the customer guide pages of the white pages directory, a noticethat End User Customers should contact their local service provider to request any modifications to their existing Listing or to request a new Listing. 10.4.26 Qwest agrees that any arrangement with an Affiliate or contractor for the publication of white pages Directory Listings shall require such Affiliate or contractor to provide CLEC space in the customer guide pages of the white pages directory for the purpose of notifying End User Customers how to reach CLEC to: (1) request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an account representative; (5) request buried cable locate service; and (6) contact the special needs center for End User Customers with disabilities. Page 234 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services 10.3 Rate Elements The following rate elements apply to White Pages Listings and are contained in Exhibit A of this Agreement. 10.4.Primary Listings; and 10.4.Premium/Privacy Listings. 10.4 Ordering Process 10.4.4.Qwest provides training on white page Listings requests and submission processes. The ordering process is similar to the service ordering process. 10.4.4.CLEC Listings can be submitted for inclusion in Qwest white pages directories according to the directions in the Qwest Listings User Documents for Facility- Based and Reseller CLECs, which is available on-line through the PCAT (httpllwww.qwest.comllwhoiesale/ or will be provided in hard copy to CLEC uponrequest. Initial information and directions are available in the PCAT. 10.4.4.CLEC can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI , IMA-GUI , or fax. Directory Assistance10. 10.1 Description 10.Directory Assistance Service is a telephone number, voice InformationService that Qwest provides to its own End User Customers and to otherTelecommunications Carriers. Qwest provides CLEC non-discriminatory access to Qwest's Directory Assistance centers, services and Directory Assistance Databases.There are three (3) forms of Directory Assistance Services available pursuant to thisAgreement -- Directory Assistance Service, Directory Assistance List Services, and Directory Assistance Database Service. These services are available with CLEC- specific branding, generic branding and Directory Assistance Call Completion Link options. Qwest will provide CLEC with non-discriminatory access to its Directory Assistance Service on an unbundled basis , only to the extent that CLEC is using an unbundled local circuit Switch as addressed in Section 9.11., and only to the extent Qwest does not make customized routing available to permit CLEC to access alternative providers of directory assistance service. 10.Directory Assistance Service. The published and non-listed telephone numbers provided within the relevant geographic area are those contained in Qwest's then current Directory Assistance Database. 10.Local Directory Assistance Service -- Allows CLEC' End User Customers to receive published and non-listed telephone numbers within the caller s NPAILATA geographic areas, whichever is greater. 10.National Directory Assistance Service -- Allows Page 235 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services CLEC's End User Customers to receive Listings from Qwest's Local Directory Assistance Database and from the database of the National Directory Assistance Services vendor selected by Qwest. National Directory Assistance Service includes Local Directory Assistance Service. 10.Call Branding Service - Allows CLEC's End User Customers to receive the service options listed in 10.1 and 10.2 branded with the brand of CLEC , where Technically Feasible or with a generic brand. Call Branding announces CLEC's name CLEC's End User Customer at the start and completion of the call. Call Branding is an optional service available to CLEC.a) Front End Brand - Announces CLEC's name to CLEC'End User Customer at the start of the call. There is a nonrecurring charge to setup and record the Front End Brand message. b) Back End Brand - Announces CLEC's name to CLEC' End User Customer at the completion of the call. There is a nonrecurring charge to setup and record the Back End Brand message.c) There is a nonrecurring charge to load CLEC's branded message in each Switch. Qwest will record CLEC's branded message. 10.1.4 Call Completion Link allows CLEC's End User Customers' calls to be returned to CLEC for completion on CLEC' network, where available. There is a recurring charge per call. 10.Directory Assistance List Service -- Directory Assistance List Service is the access to Qwest's Directory Listings for subscribers within Qwest' fourteen (14) states for the purpose of providing Directory Assistance Service to its local exchange End User Customers subject to the terms and conditions ofthis Agreement. See Section 10.6 for terms and conditions relating to the Directory Assistance List Services. 10.If CLEC elects to build its own Directory Assistance Service , it can obtain Qwest Directory Listings through the purchase of the Directory Assistance List. 10.Directory Assistance Database Service -- Qwest shall provide CLEC non-discriminatory access to Qwest's Directory Assistance Database or Directory 1 " database, where Technically Feasible, on a "per dip" basis. 1 0.2 Terms and Conditions 1 0.Qwest will provide CLEC non-discriminatory access to Qwest's Directory Assistance Databases, Directory Assistance centers and personnel to provide Directory Assistance Service. Page 236 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ine (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services 10.Qwest's Directory Assistance Database contains only those published and non-listed telephone number Listings obtained by Qwest from its own End User Customers and other Telecommunications Carriers. 10.Qwest will provide access to Directory Assistance Service for facility- based CLECs via dedicated multi-frequency (MF) operator service trunks. CLEC may purchase operator service trunks from Qwest or provide them itself. These operator service trunks will be connected directly to a Qwest Directory Assistance host or remoteSwitch. CLEC will be required to order or provide at least one (1) operator services trunk for each NPA served. 10.2.4 Qwest will perform Directory Assistance Services for CLEC in accordance with operating methods, practices , and standards in effect for all Qwest End User Customers. Qwest will provide the same priority of handling for CLEC's End User Customer calls to Qwest's Directory Assistance Service as it provides for its own End User Customer calls. Calls to Qwest's Directory Assistance are handled on a first come first served basis, without regard to whether calls are originated by CLEC or Qwest End User Customers. 10.Call Branding for Directory Assistance will entail recording and setting up a brand message. Dedicated interoffice facilities are required. 10.Call Completion Link requires dedicated interoffice facilities. 10.If CLEC elects to access the Qwest Directory Assistance Databases on a per dip basis Qwest will provide to CLEC the facility and equipment specifications necessary to enable CLEC to obtain compatible facilities and equipment. 10.Reseller CLECs' End User Customers may use the same dialing pattern to access Directory Assistance Service as used by Qwest's End User Customers (i.e., 411 1+411 , or 1+NPA+555-1212). 10.A facility-based CLEC may choose to have its End User Customers dial a unique number or use the same dialing pattern as Qwest End User Customers to access Qwest Directory Assistance operators. 10.10 Qwest will timely enter into its Directory Assistance Database updates of CLEC's Listings. Qwest will implement quality assurance procedures such as random testing for Listing accuracy. Qwest will identify itself to End User Customers calling its Directory Assistance Service provided for itself either by company name or operating company name or operating company number so that End User Customers have a means to identify with whom they are dealing. 10.10.In accordance with Section 18 , CLEC may request a comprehensive audit of Qwest's use of CLEC's Directory Assistance Listings. In addition to the terms specified in Section 18 , the following also apply: as used herein , " Audit" shall mean a comprehensive review of the other Party s delivery and use of the Directory Assistance Listings provided hereunder and such other Party s performance of its obligations under this Agreement. CLEC may perform up to two (2) audits per twelve (12) month period commencing with the Effective Date of this Agreement of Qwest's use of CLEC's Directory Assistance Listings in Page 237 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services Qwest'Directory Assistance Service. CLEC shall be entitled to "seed" or specially code some or all of the Directory Assistance Listings that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in this Agreement. 10.11 Qwest shall use CLEC's Directory Assistance Listings supplied to Qwest by CLEC under the terms of this Agreement for purposes of providing DirectoryAssistance Service and for providing Directory Assistance List nformation to Directory Assistance providers, and for other lawful purposes, except that CLEC'DirectoryAssistance Listings supplied to Qwest by CLEC and marked as nonpublished ornonlisted Listings shall not be used for marketing purposes. 10.3 Rate Elements The following rate elements apply to Directory Assistance Service and are contained in Exhibit A of this Agreement. 10.A per call rate is applicable for Local Directory Assistance and National Directory Assistance Service selected by CLEC. 10.A nonrecurring setup and recording fee will be charged for establishingeach Call Branding option. A nonrecurring charge to load CLEC's brand in each Switch is also applicable. Such nonrecurring fees must be paid before service commences. 10.A per call rate is applicable for Call Completion Link. 10.4 Ordering Process CLEC will order Directory Assistance Service by completing the questionnaire entitled "QwestOperator Services/Directory Assistance Questionnaire for Local Service Providers.This questionnaire may be obtained from CLEC's Qwest account manager. 10.5 Billing 10.Qwest will track and bill CLEC for the number of calls placed to Qwest's Directory Assistance Service by CLEC's End User Customers as well as for the number of requests for Call Completion Link. 10.For purposes of determining when CLEC is obligated to pay the per call rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is received by the operator services Switch. An End User Customer may request and receive no more than two (2) telephone numbers per Directory Assistance call. Qwest will not credit, rebate or waive the per call charge due to any failure to provide a telephone number. 10.Call Completion Link will be charged at the per call rate when the End User Customer completes the required action (i.e. , " press the number one " " stay on the line " etc. Page 238 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services 10.Directory Assistance List 10.1 Description 10.Directory Assistance List (DA List) information consists of name, address and telephone number information for all End User Customers of Qwest and other LECs that are contained in Qwest's Directory Assistance Database and where availablerelated elements required in the provision of Directory Assistance Service to CLEC' End User Customers. No prior authorization from CLEC shall be required for Qwest to sell make available, or release CLEC's End User Customer Directory Assistance Listings to Directory Assistance providers. In the case of End User Customers who have non-published Listings, Qwest shall provide the End User Customer s local Numbering Plan Area (NPA), address , and an indicator to identify the non-published status of the Listing to CLEC; however, Qwest will not provide the non-published telephone number. 10.Qwest will provide DA List information via initial loads and daily updates either by means of a magnetic tape or Network Data Mover (NDM) or as otherwisemutually agreed upon by the Parties. Qwest will provide all changes, additions or deletions to the DA List information overnight on a daily basis. The Parties will use a mutually agreed upon format for the data loads. 10.DA List information shall specify whether the Qwest End User Customer is a residential, business, or government subscriber, and the Listings of other Carriers will specify such information where it has been provided on the Carrier s Listing order. 10.1.4 In the event CLEC requires a reload of DA List information from Qwest' database in order to validate, synchronize or reconcile its database, a reload will be made available according to the rate specified in Exhibit A. 10.Qwest and CLEC will cooperate in the designation of a location to which the data will be provided. 10.2 Terms and Conditions 10.Qwest grants to CLEC, as a competing provider of telephone Exchange Service and telephone toll service , access to the Directory Assistance List information Option 1) solely for the purpose of providing Directory Assistance Services, or Option 2)for purposes of providing Directory Assistance Services and for other lawful purposes except that Listings included in Qwest's Directory Assistance List information and marked as non-published or non-listed Listings, or Listings marked with an "omit from lists" indicator shall not be used for marketing purposes, subject to the terms and conditions of this Agreement. CLEC will advise Qwest when it orders Qwest's Directory Assistance List information whether it chooses Option 1 or 2. As it pertains to the use of Directory Assistance List information in this Agreement , " Directory Assistance Service shall mean the provision, by CLEC via a live operator or a mechanized system , of telephone number and address information for an identified telephone service End User Customer or the name and/or address of the telephone service End User Customer for an identified telephone number. Should CLEC cease to be a Telecommunications Carrier, a competing provider of telephone Exchange Service or telephone toll service this access grant automatically terminates. Page 239 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ine (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services 10.Qwest shall make commercially reasonable efforts to ensurethat Listings belonging to Qwest retail End User Customers provided to CLEC in Qwest's DA List information are accurate and complete. All third party DA Listinformation is provided AS IS , WITH ALL FAULTS. Qwest further represents thatit shall review all of its End User Customer Listings information provided to CLEC, including End User Customer requested restrictions on use, such as non-published and non-listed restrictions. 10.CLEC will obtain and timely enter into its Directory Assistance Databasedaily updates of the DA List information , will implement quality assurance proceduressuch as random testing for Directory Assistance Listing accuracy, and will identify itselfto End User Customers calling its DA Service either by company name or operatingcompany number so that End User Customers have a means to identify with whom they are dealing. 10.Reserved for Future Use. 10.2.4 Qwest shall retain all right, title , interest and ownership in and to the DA Listing information it provides hereunder. CLEC acknowledges and understands that while it may disclose the names, addresses, and telephone numbers (or an indication of non-published status) of Qwest's End User Customers to a third party calling its Directory Assistance for such information, the fact that such End User Customer subscribes to Qwest's Telecommunications Services is confidential and ProprietaryInformation and shall not be disclosed to any third party. 10.CLEC shall not sublicense, copy or allow any third party to accessdownload, copy or use the DA List Information , or any portions thereof, or anyinformation extracted therefrom. Each Party shall take commercially reasonable and prudent measures to prevent disclosure and unauthorized use of Qwest's DA List Information at least equal to the measures it takes to protect its own confidential and Proprietary Information , including but not limited to implementing adequate computer security measures to prevent unauthorized access to Qwest's DA List information when contained in any database. 10.Unauthorized use of Qwest's DA List information, or any disclosure to a third party of the fact that an End User Customer, whose Listing isfurnished in the DA List, subscribes to Qwest's , another Local Exchange Carrier , Reseller or CMRS'Telecommunications Services shall beconsidered a material breach of this Agreement and shall be resolved under the Dispute Resolution provisions of this Agreement. 10.Within five (5) Days after the expiration or earlier termination of thisAgreement, CLEC shall (a) return and cease using any and all DA List information which it has in its possession or control, (b) extract and expunge any and all copies of such DA List information, any portions thereof, and any and all information extracted therefromfrom its files and records, whether in print or electronic form or in any other mediawhatsoever, and (c) provide a written certification to Qwest from an officer that all of the foregoing actions have been completed. A copy of this certification may be provided tothird party Carriers if the certification pertains to such Carriers ' DA List information contained in Qwest's database. Page 240 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold UncJerline (oDDosed...!Jv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services 10.CLEC is responsible for ensuring that it has proper security measures inplace to protect the privacy of the End User Customer information contained within the DA List information. CLEC must remove from its database any telephone number for an End User Customer whose Listing has become non-published when so notified by Qwest. 10.Audits -- In accordance with Section 18, Qwest may request acomprehensive audit of CLEC's use of the DA List information. In addition to the terms specified in Section 18, the following also apply: 10.As used herein , " Audit" shall mean a comprehensive review of the other Party s delivery and use of the DA List information provided hereunder and such other Party s performance of its obligations under this Agreement.Either Party (the "Requesting Party) may perform up to two (2) Audits per twelve (12) month period commencing with the Effective Date of this Agreement. Qwest shall be entitled to "seed" or specially code some or all of the DA List information that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in Section 10.2 above. 10.All paper and electronic records will be subject to Audit. 10.CLEC recognizes that certain Carriers who have provided DA Listinformation that is included in Qwest's database may be third party beneficiaries of thisAgreement for purposes of enforcing any terms and conditions of the Agreement other than payment terms with respect to their D A List information. 10.10 Qwest will provide a non-discriminatory process and procedure forcontacting End User Customers with non-published telephone numbers in emergency situations for non-published telephone numbers that are included in Qwest's DirectoryAssistance Database. Such process and procedure will be available to CLEC for CLEC's use when CLEC provides its own Directory Assistance and purchases Qwest'sDirectory Assistance List product. 10.Rate Elements Recurring and non-recurring rate elements for DA List information are described below and are contained in Exhibit A of this Agreement. 10.Initial Database Load -- A "snapshot" of data in the Qwest DA Listinformation database or portion of the database at the time the order is received. 10.Reload -- A "snapshot" of the data in the Qwest DA List informationdatabase or portion of the database required in order to refresh the data in CLEC'database. 10.Daily Updates -- Daily change activity affecting DA List information in the Listings database. 10.3.4 One-Time Set-Up Fees -- Charges for special database loads. Page 241 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold Und~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services 10.Output Charges -- Media charges resulting from either the electronic transmission or tape delivery of the DA List information, including any shipping costs. 10.4 Ordering 10.6.4.CLEC may order the initial DA List information load or update files for Qwest's local Exchange Service areas in its 14 state operating territory or where Technically Feasible , CLEC may order the initial DA List information load or update files by Qwest White Page Directory Code or NPA. 10.6.4.Special requests for data at specific geographic levels (such as NPA) must be negotiated in order to address data integrity issues. 10.6.4. PCAT. CLEC shall use the Directory Assistance List Order Form found in the 10.Toll and Assistance Operator Services 10.1 Description 10.Toll and assistance operator services are a family of offerings that assist End User Customers in completing EAS/local and long distance calls. Qwest provides non-discriminatory access to Qwest operator service centers , services and personnel. Qwest will provide CLEC with non-discriminatory access to its operator services on an unbundled basis, only to the extent that CLEC is using an unbundled local circuit Switch as addressed in Section 9.11., and only to the extent Qwest does not make customized routing available to permit CLEC to access alternative providers of operator services. 10.Local Assistance. Assists CLEC End User Customers requesting help or information on placing or completing EAS/local calls, connects CLEC End User Customers to home NPA Directory Assistance, and provides other information and guidance, including referral to the business office and repair, as may be consistent with Qwest's customary practice for providing End User Customer assistance. 10.IntraLATA Toll Assistance. Qwest will direct CLEC's End User Customer to contact its provider to complete InterLATA toll calls. Nothing in this section is intended to obligate Qwest to provide any toll services to CLEC or CLEC's End User Customers. 10.Emergency Assistance. Provide assistance for handling a CLEC End User Customer s EAS/local and IntraLA T A toll calls to emergency agencies, including but not limited to, police , sheriff highway patrol and fire. CLEC is responsible for providing Qwest with the appropriate emergency agency numbers and updates. 10.1.4 Busy Line Verification (BL V) is performed when a calling party requests assistance from the operator bureau to determine if the called line is in use. The operator will not complete the call for the calling party initiating the BL inquiry. Only one BL V attempt will be made per call, and a charge shall apply. Page 242 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services 10.Busy Line Interrupt (BLI) is performed when a calling party requests assistance from the operator to interrupt a telephone call in progress. The operator will interrupt the busy line and inform the called party that there is a call waiting. The operator will not connect the calling and called parties. The operator will make only one BLI attempt per call and the applicable charge applies whether or not the called party releases the line. 10.Quote Service - Provide time and charges to hotel/motel and other CLEC End User Customers for guest/account identification. 10.2 Terms and Conditions 10.For facility-based CLECs, Interconnection to Qwest's operator services Switch is Technically Feasible at two (2) distinct points on the Trunk Side of the Switch. The first connection point is an operator services trunk connected directly to the Qwest operator services host Switch. The second connection point is an operator services trunk connected directly to a remote Qwest operator services Switch. 10.Trunk Provisioning and facility ownership must follow Qwest guidelines. 10.In order for CLEC to use Qwest's operator services as a facility-based CLEC, CLEC must provide an operator service trunk between CLEC's end office and the Interconnection point on the Qwest operator services Switch for each NPA served. 10.2.4 The technical requirements of operator service trunk are covered in the Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR- NWT-000271 , Section 6 (Signaling) and Section 10 (System Interfaces) in general requirements form. 10.Each Party s operator bureau shall accept BL V and BLI inquiries from the operator bureau of the other Party in order to allow transparent provision of BL V/BLI traffic between the Parties' networks. 10.CLEC will provide separate no-test trunks (not the local/lntraLATA trunks) to the Qwest BL V/BLI hub or to the Qwest operator services Switches. 10.Qwest will perform operator services in accordance with operating methods, practices, and standards in effect for all its End User Customers. Qwest will respond to CLEC's End User Customer calls to Qwest's operator services according to the same priority scheme as it responds to Qwest's End User Customer calls. Calls to Qwest's operator services are handled on a first come, first served basis, without regard to whether calls are originated by CLEC or Qwest End User Customers. 10.Qwest will provide operator services to CLEC where Technically Feasible and facilities are available. Qwest may from time-to-time modify and change the nature extent, and detail of specific operator services available to its retail End User Customers and to the extent it does so, Qwest will provide forty-five (45) Days advance written notice to CLEC of such changes. 10.Qwest shall maintain adequate equipment and personnel to reasonably perform the operator services. CLEC shall provide and maintain the facilities necessary Page 243 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services to connect its End User Customers to the locations where Qwest provides the operator services and to provide all information and data needed or reasonably requested by Qwest in order to perform the operator services. 10.10 Call Branding is an optional service available to CLEC. Call Branding announces CLEC's name to CLEC's End User Customer at the start of the call and at the completion of the call. If CLEC selects the Call Branding option , Qwest will provide Call Branding to CLEC where Technically Feasible.a) Front End Brand - Announces CLEC's name to CLEC's End User Customer at the start of the call. There is a non-recurring charge to setup and record the Front End Brand message.b) Back End Brand - Announces CLEC's name to CLEC's End User Customer at the completion of the call. There is a non-recurring charge to setup and record the Back End Brand message. 10.11 Call Branding for toll and operator services will entail recording and setup of a brand message. Qwest will record CLEC's branded message. Dedicated interoffice facilities will be required. 10.12 Call Branding also entails a non-recurring charge to load CLEC's branded message in each Switch. 10.13 CLEC's End User Customers may dial "0" or "" to access Qwest operator services. A facility-based CLEC may choose to have its End User Customers access Qwest operators by dialing a unique number or by using the same dialing pattern as Qwest End User Customers. 10.Rate Elements Qwest toll and assistance operator services are offered under two (2) pricing options. Option offers a per message rate structure. Option B offers a work second and a per call structure. Applicable recurring and non-recurring rate elements are detailed below and in Exhibit A of this Agreement. 10.Option A - Operator Services Rate Elements 10.Operator Handled Calling Card - For each completed calling card call that was dialed 0+ where the operator entered the calling card number. 10.Machine Handled Calling Card - For each completed call that was dialed 0+ where the End User Customer entered the required information such as calling card number. 10.Station Call - For each completed station call , including station sent paid , collect, third number special Billing or 0- calling card call. 10.1.4 Person Call - For each completed person to person call regardless of the Billing used by the End User Customer. Page 244 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services 10.Connect to Directory Assistance - For each operator placed call to Directory Assistance. 10.Busy Line Verify - For each call where the operator determines that conversation exists on a line. 10.Busy Line Interrupt - For each call where the operator interrupts conversation on a busy line and requests release of the line. 10.Operator Assistance - For each EAS/local call , , whether completed or not, that does not potentially generate an operator surcharge. These calls include, but are not limited to: calls given the DDD rate because of transmission problems; calls where the operator has determined there should be no charge , such as Busy Line Verify attempts where conversation was not found on the line; calls where the End User Customer requests information from the operator and no attempt is made to complete a call; and calls for quote service. 10.9 "Completed call" as used in this section shall mean that the End User Customer makes contact with the location, telephone number, person or extension designated by the End User Customer. 10.Option B - Per Work Second and Computer Handled Calls 10.Operator Handled - CLEC will be charged per work second for all calls originating from its End User Customers and facilities that are routed to Qwest's operator for handling. Work second charging begins when the Qwest operator position connects with CLEC's End User Customer and terminates when the connection between the Qwest operator position and CLEC's End User Customer is terminated. 10.Machine Handled - calls that are routed without operator intervention. Machine handled calls include , but are not limited to, credit card calls where the End User Customer enters the calling card number, calls originating from coin telephones where the computer requests deposit of coins additional End User Customer key actions, recording of End User Customer voice , etc. 10.Call Branding Non-recurring Charge. Qwest will charge to CLEC a non- recurring setup and recording fee for establishing Call Branding and loading each Switch with CLEC's branded message. CLEC must pay such non-recurring charges prior to commencement of the service. The non-recurring set-up and recording charge will apply each time CLEC's brand message is changed. The non-recurring charge to load the Switches with CLEC's branded message will be assessed each time there is any change to the Switch. 10.4 Ordering Process CLEC will order operator services by completing the "Qwest Operator Services/Directory Assistance Questionnaire for Local Service Providers.Copies of this questionnaire may be obtained from CLEC's designated Qwest account manager. Page 245 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services 10.5 Billing 10.Qwest will track usage and bill CLEC for the calls placed by CLEC's End User Customers and facilities. 10.Qwest will compute CLEC's invoice based on both Option A (Price Per Message) and Option B (Price Per Work Second and Computer Handled Calls). Qwest will charge CLEC whichever option results in a lower charge. 10.3 If, due to equipment malfunction or other error, Qwest does not have available the necessary information to compile an accurate Billing statement, Qwest may render a reasonably estimated bill, but shall notify CLEC of the methods of such estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bill reflecting actual billable quantities when and if the information necessary for the Billing statement becomes available. 10.Access to Poles, Ducts, Conduits, and Rights of Way 10.1 Description 10.Pole Attachments - Where it has ownership or control to do so, Qwest will provide CLEC with access to available Pole Attachment space for the placing of facilities for the purpose of transmitting Telecommunications Services. 10.The term Pole Attachment means any attachment by CLEC to a pole owned or controlled by Qwest. 10.Ducts and Conduits - Where it has ownership or control to do so, Qwest will provide CLEC with access to available ducts/conduits for the purpose of placing facilities for transmitting Telecommunications Services. A spare duct/conduit will be leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC may place innerduct in an empty duct/conduit. Control of CLEC-installed spare innerduct shall vest in Qwest immediately upon installation; ownership of such innerduct shall vest to Qwest if and when CLEC abandons such innerduct. Within a multiple tenant environment (MTE), duct may traverse building entrance facilities, building entrance links, equipment rooms, Remote Terminals, cable vaults, telephone closets or building riser. 10.The terms duct and conduit mean a single enclosed raceway for conductors, cable and/or wire. Duct and conduit may be in the ground , may follow streets, bridges, public or private ROW or may be within some portion of a multiple tenant environment. Within a multiple tenant environment, duct and conduit may traverse building entrance facilities building entrance links equipment rooms, Remote Terminals, cable vaults , telephone closets or building riser. The terms duct and conduit include riser conduit. 10.The term innerduct means a duct-like raceway smaller than a duct/conduit that is inserted into a duct/conduit so that the duct may typically carry three (3) cables. 10.Rights of Way (ROW) - Where it has ownership or control to do so Page 246 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services Qwest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to Exhibit D, access to available ROW for the purpose of placing Telecommunications facilities. ROW includes land or other property owned or controlled by Qwest and may run under, on, above, across , along or through public or private property or enter multiple tenant environments. 10.ROW means a real property interest in privately-owned real property, but expressly excluding any public, governmental, federal or Native American, or other quasi-public or non-private lands , sufficient to permit Qwest to place Telecommunications facilities on such real property; such property owner may permit Qwest to install and maintain facilities under, on, above, across, along or through private property or enter multiple tenant environments. Within multiple tenant environment, a ROW includes a pathway that is actually used or has been specifically designated for use by Qwest as part of its transmission and distribution network where the boundaries of the pathway are clearly defined either by written specifications or unambiguous physical demarcation. 10.1.4 Reserved for Future Use. 10.The phrase "ownership or control to do so" means the legal right, as a matter of state law, to (i) convey an interest in real or personal property, or (ii) afford access to third parties as may be provided by the landowner to Qwest through express or implied agreements , or through applicable rules as defined in this Agreement. 10.2 Terms and Conditions Qwest shall provide CLEC non-discriminatory access to poles, ducts, conduit and rights of way on terms and conditions found in the Revised Qwest Right of Way, Pole Attachment and/or DucUlnnerduct Occupancy General Information Document, attached hereto as Exhibit D. Qwest will not favor itself over CLEC when Provisioning access to poles, ducts, conduits and rights of way (ROW). Qwest shall not give itself preference when assigning space. 10.Subject to the provisions of this Agreement, Qwest agrees to issue to CLEC authorization for CLEC to attach , operate, maintain, rearrange , transfer and remove at its sole expense its facilities on poles/ducUinnerduct or ROW owned or controlled in whole or in part by Qwest, subject to orders placed by CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local , state and/or federal requirements. 10.Qwest will rely on such codes as the National Electrical Safety Code (NESC) to prescribe standards with respect to capacity, safety, reliability, and general engineering principles. 10.Federal requirements, such as those imposed by Federal Energy Regulatory Commission (FERC) and Occupational Safety and Health Administration (OSHA), will continue to apply to the extent such requirements affect requests for attachments or occupancy to Qwest facilities under Section 224(f)(1) of the Act. 10.2.4 CLEC shall provide access to map of the requested poles/ducUinnerducUROW route , including estimated distances between major points the identification and location of the poles/ducUinnerduct and ROWand a description of Page 247 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services CLEC's facilities. Qwest agrees to provide to CLEC access to relevant plats, maps engineering records and other data within ten (10) business days of receiving a request for such information, except in the case of extensive requests. Extensive requests involve the gathering of plats from more than one (1) location , span more than five (5) Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted simultaneously. Responses to extensive requests will be provided within a reasonable interval, not to exceed forty-five (45) calendar Days. 10.Except as expressly provided herein, or in the Pole Attachment Act of 1934 as amended and its regulations and rules, or in any applicable state or municipal laws, nothing herein shall be construed to compel Qwest to construct, install , modify or place any poles/duct/innerduct or other facility for use by CLEC. 10.Qwest retains the right to determine the availability of space on poles/duct/innerduct, duct, conduit and ROW consistent with 47 USC 9 224 and FCC orders, rules and regulations pursuant to 47 USC 9224. In the event Qwest determines that rearrangement of the existing facilities on poles, duct/innerduct/conduit, and ROW is required before CLEC'facilities can be accommodated, the actual cost of such modification will be included in CLEC's nonrecurring charges for the associated order (Make-Ready fee). When modifications to a Qwest spare duct/conduit include the placement of innerduct, Qwest or CLEC will install the number of innerduct required to fill the duct/conduit to its full capacity. 10.Qwest shall make manhole ingress and egress for duct/innerduct access available to CLEC. Qwest will perform a feasibility study to determine whether to provide a stub out via the pre-constructed knock out within the manhole, or to perform a core drill of the manhole. 10.Where such authority does not already exist, CLEC shall be responsible for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct on governmental, federal, Native American, and private rights of way. CLEC shall obtain any permits, licenses, bonds, or other necessary legal authority and permission , at CLEC's sole expense , in order to perform its obligations under this Agreement. CLEC shall contact all owners of public and private rights-of-way to obtain the permission required to perform the work prior to entering the property or starting any work thereon. See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits. Once such permission is obtained , all such work may be performed by Qwest or CLEC at the option of CLEC. 10.Access to a Qwest Central Office manhole will be permitted where Technically Feasible. If space is available, Qwest will allow access through the Central Office manhole to the POI (Point of Interconnection). There shall be a presumption that there shall be no fiber splices allowed in the Central Office manhole. However, where CLEC can establish the necessity and Technical Feasibility of splicing in the Central Office manhole, such action shall be permitted. 10.10 Replacement/Modificationllnstallation - If CLEC requests Qwest to replace or modify existing poles/duct/innerduct to increase its strength or capacity for the sole benefit of CLEC, CLEC shall pay Qwest the total actual replacement cost, Qwest's actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, and the actual cost for removal (including actual cost of destruction) of the replaced Page 248 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services poles/ductlinnerduct, if necessary. Ownership of new poles/ductlinnerduct shall vest to Qwest. 10.10.Upon request Qwest shall permit CLEC to install poles/ductlinnerduct. Qwest reserves the right to reject any non-conforming replacement pole/ductlinnerduct installed by CLEC that does not conform to the NESC, OSHA or local ordinances. 10.10.To the extent that a modification is incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the total actual cost based on the ratio of the amount of new space occupied by the facilities of CLEC to the total amount of space occupied by all parties including Qwest or its Affiliates participating in the modification. Parties who do not initiate, request or receive additional space from a modification , are not required to share in the cost of the modification. CLEC, Qwest or any other party that uses a modification as an opportunity to bring its facilities into compliance with applicable safety or other requirements will be deemed to be sharing in the modification and will responsible for its share of the modification cost. Attaching entities will not be responsible for sharing in the cost of governmentally mandated pole or other facility modification. Qwest does not and will not favor itself over other Carriers when Provisioning access to poles, innerduct and rights-of-way. 10.10.The modifying party or parties may recover a proportionate share of the modification costs from parties that later are able to obtain access as a result of the modification. The proportionate share of the subsequent attacher will be reduced to take account of depreciation to the pole or other facility that has occurred since the modification. The modifying party or parties seeking to recover modification costs from parties that later obtain attachments shall be responsible for maintaining all records regarding modification costs. Qwest shall not be responsible for maintaining records regarding modification costs on behalf of attaching entities , but shall be responsible for notifying CLEC pursuant to Section 10.11 below. 10.11 Notification of modifications initiated by or on behalf of Qwest and at Qwest's expense shall be provided to CLEC at least sixty (60) calendar Days prior to beginning modifications. Such notification shall include a brief description of the nature and scope of the modification. If CLEC does not respond to a requested rearrangement of its facilities within sixty (60) Days after receipt of written notice from Qwest requesting rearrangement, Qwest may perform or have performed such rearrangement and CLEC shall pay the actual cost thereof. No such notice shall be required in emergency situations or for routine maintenance of poles/ductlinnerduct completed at Qwest's expense. 10.12 Qwest reserves the right to make an on-site/final construction inspection of CLEC's facilities occupying the poles/ductlinnerduct system. CLEC shall reimburse Qwest for the actual cost of such inspections except where specified in this Section. 10.13 When final construction inspection by Qwest has been completed , CLEC shall correct such non-complying conditions within the reasonable period of time specified by Qwest in its written notice. If corrections are not completed within thespecified reasonable period occupancy authorizations for the ROW Page 249 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services poles/ductlinnerduct system where non-complying conditions remain uncorrected shall suspend forthwith, regardless of whether CLEC has energized the facilities occupying said poles/ductlinnerduct or ROW system and CLEC shall remove its facilities from said poles/ductlinnerduct or ROW in accordance with the provisions of this Section , provided however, if the corrections physically cannot be made within such specified time, and CLEC has been diligently prosecuting such cure, CLEC shall be granted a reasonable additional time to complete such cure. Qwest may deny further occupancy authorization to CLEC until such non-complying conditions are corrected or until CLEC's facilities are removed from the poles/ductlinnerduct system where such non-complying conditions exist. If agreed between both Parties, Qwest shall perform or have performed such corrections and CLEC shall pay Qwest the actual cost of performing such work. Subsequent inspections to determine if appropriate corrective actions have been taken may be made by Qwest. (See Montana SGATfor state-specific Section 10.13) 10.14 Once CLEC's facilities begin occupying the poles/ductlinnerduct or ROW system , Qwest may perform a reasonable number of inspections. Qwest shall bear the cost of such inspections unless the results of the inspection reveal a material violation or hazard, or that CLEC has in any other way failed to comply with the provisions of Section 10.20; in which case CLEC shall reimburse Qwest the costs of inspections and re-inspections, as required. CLEC's representative may accompany Qwest on such field inspections. The cost of periodic inspection or any special inspections found necessary due to the existence of sub-standard or unauthorized occupancies shall be billed separately. 10.15 The costs of inspections made during construction and/or the final construction survey and subsequent inspection shall be billed to CLEC upon completion of the inspections. 10.16 Final construction, subsequent , and periodic inspections or the failure to make such inspections, shall not relieve CLEC of any responsibilities, obligations, or liability assigned under this Agreement. 10.17 CLEC may use individual workers of its choice to perform any work necessary for the attaching of its facilities so long as such workers have the same qualifications and training as Qwest's workers. CLEC may use any contractor approved by Qwest to perform make-ready work. 10.18 If Qwest terminates an order for cause , or if CLEC terminates an order without cause , subject to 10.8.4.4.4 , CLEC shall pay termination charges equal to the amount of fees and charges remaining on the terminated order(s) and shall remove its facilities from the poles/ductlinnerduct within sixty (60) calendar Days , or cause Qwest to remove its facilities from the poles/ductlinnerduct at CLEC'expense; provided however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Qwest until CLEC's facilities are physically removed. "Cause" as used herein shall include CLEC's use of its facilities in material violation of any Applicable Law or in aid of any unlawful act or making an unauthorized modification to Qwest's poles/ductlinnerduct, or, in the case of ROW, any act or omission that violates the terms and conditions of either (a) the Access Agreement by which Qwest conveys a right of access to the ROW to CLEC , or (b) the instrument granting the original ROW to Qwest Page 250 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services or its predecessor. 10.19 Qwest may abandon or sell any poles/ductlinnerductlconduit or ROW at any time by giving written notice to CLEC. Any poles/ductlinnerductlconduit or ROW that is sold , will be sold subject to all existing legal rights of CLEC. Upon abandonment of poles/ductlinnerductlconduit or ROW, and with the concurrence of the other joint user(s), if necessary, CLEC shall, within sixty (60) calendar Days of such notice, either: 1) continue to occupy the poles/ductlinnerductlconduit or ROW pursuant to its existing rights under this Agreement if the poles/ductlinnerductlconduit, or ROW is purchased by another party; 2) purchase the poles/ductlinnerductlconduit or ROW from Qwest at the current market value; or 3) remove its facilities therefrom. Failure to explicitly elect one of the foregoing options within sixty (60) calendar Days shall be deemed an election to purchase the poles/ductlinnerductlconduit or ROW at the current market value if no other party purchased the poles/ductlinnerductlconduit or ROW within this sixty (60) Day period. 10.20 CLEC's facilities shall be placed and maintained in accordance with the requirements and specifications of the current applicable standards of Telcordia Manual of Construction Standards, the National Electrical Code , the National Electrical Safety Code, and the rules and regulations of the Occupational Safety and Health Act, all of which are incorporated by reference, and any governing authority having jurisdiction. Where a difference in specifications exists , the more stringent shall apply. Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest, its Affiliates or any other Telecommunications Carrier is held. Failure to maintain facilities in accordance with the above requirements or failure to correct as provided in Section 10.13 shall be cause for termination of the order. CLEC shall in a timely manner comply with all requests from Qwest to bring its facilities into compliance with these terms and conditions. 10.21 Should Qwest under the provisions of this Agreement remove CLEC' facilities from the poles/ductlinnerduct covered by any order Qwest will deliver the facilities removed upon payment by CLEC of the cost of removal , storage and delivery, and all other amounts due Qwest. If CLEC removes facilities from poles/ductlinnerductfor other than repair or maintenance purposes no replacement on the poles/ductlinnerduct shall be made until all outstanding charges due Qwest for previous occupancy have been paid in full. CLEC shall advise Qwest in writing as to the date on which the removal of facilities from the poles/ductlinnerduct has been completed. 10.22 If any facilities are found attached to poles/ductlinnerduct for which no order is in effect, Qwest, without prejudice to its other rights or remedies under this Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual fee per pole or per innerduct run between two (2) manholes for the number of years since the most recent inventory, or (b) five times the annual fee per pole or per innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest on these fees at a rate set for the applicable time period by the Internal Revenue Service for individual underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25 U.C. 9 6621 , Rev. Rul. 2000-, 2000-25 IRS 1262), and (b) the cost of any audit required to identify unauthorized CLEC attachments. Qwest shall waive half the unauthorized attachment fee if the following conditions are met: (1) CLEC cures such unauthorized attachment (by removing it or submitting a valid order for the attachment in the form of Attachment 2 of Exhibit D, within thirty (30) Days of written notification from Page 251 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not require Qwest to take curative measures itself (e., pulling additional innerduct) prior to cure by CLEC, (3) CLEC reimburses Qwest for cost of audit, or portion thereof, which discovered the unauthorized attachment. Qwest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Qwest rather than CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt of written notification from Qwest of the unauthorized occupancy, a poles/ductlinnerduct application. If such application is not received by Qwest within the specified time period CLEC will be required to remove its unauthorized facility within thirty (30) calendar Days of the final date for submitting the required application, or Qwest may remove CLEC' facilities without liability, and the cost of such removal shall be borne by CLEC. (See Arizona, Montana, Washington and Oregon SGA Ts for state-specfic Section 10.22) 10.23 No act or failure to act by Qwest with regard to an unauthorized occupancy shall be deemed as the authorization of the occupancy. Any subsequently issued authorization shall not operate retroactively or constitute a waiver by Qwest any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject to all liabilities of the Agreement in regard to said unauthorized occupancy from its inception. 10.24 Qwest will provide CLEC non-discriminatory access poles/ducts/innerducts/conduits and ROW pursuant to 47 USC 9 224 and FCC orders, rules and regulations pursuant to 47 USC 9224. In the event of a conflict between this Agreement, on one hand, and 47 USC 9 224 and FCC orders , rules and regulations pursuant to 47 USC 9 224, on the other, 47 USC 9 224 and FCC orders, rules and regulations pursuant to 47 USC 9 224 shall govern. Further, in the event of a conflict between Exhibit D, on one hand, and this Agreement or 47 USC 9 224 and FCC orders rules and regulations pursuant to 47 USC 9 224, on the other, this Agreement or 47 USC 9 224 and FCC orders, rules and regulations pursuant to 47 USC 9224 shall govern provided however, that any Access Agreement that has been duly executed acknowledged and recorded in the real property records for the county in which the ROW is located shall govern in any event pursuant to its terms. 10.25 Nothing in this Agreement shall require Qwest to exercise eminent domain on behalf of CLEC. 10.26 Qwest will not enter into ROW agreements for the provision of Telecommunications Services, including agreements relating to ROW within multiple tenant environments, that preclude CLEC from using ROW over which Qwest has ownership or control. Upon CLEC request, Qwest will certify to a landowner with whom Qwest has an ROW agreement, the following: 10.26.that the ROW agreement with Qwest does not preclude the landowner from entering into a separate ROW agreement with CLEC; and 10.26.that there will be no penalty under the agreement between the landowner and Qwest if the landowner enters into a ROW agreement with CLEC. 10.For purposes of permitting CLEC to determine whether Qwest has Page 252 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services ownership or control over duct/conduit or ROW, including duct/conduit or ROW within a specific multiple tenant environment, if CLEC requests a copy of an agreement between Qwest and the owner of a duct/conduit or ROW, including duct/conduit or ROW within a specific multiple tenant environment, that grants Qwest access to, ownership of, or control of duct/conduit or ROW within a specific multiple tenant environment, Qwest will provide the agreement to CLEC pursuant to the terms of this Section. CLEC will submit a completed Attachment 1.A from Exhibit D that identifies a specific multiple tenant environment or route for each agreement. 10.27.Upon receipt of a completed Attachment 1., Qwest will prepare and return an MTE matrix or ROW matrix, as applicable, within ten (10) Days which will identify (a) the owner of the duct/conduit or ROW or multiple tenant environment as reflected in Qwest's records, and (b) whether or not Qwest has a copy of an agreement that provides Qwest access to duct/conduit or ROW or multiple tenant environment in its possession. Qwest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that the original property owner may not be the current owner of the property. 10.27.Qwest grants a limited waiver of any confidentiality rights it may have with regards to the content of the agreement, subject to the terms and conditions in Section 10.27.3 and the Consent to Disclosure form. Qwest will provide to CLEC a copy of an agreement listed in the MDU information matrix that has not been publicly recorded after CLEC obtains authorization for such disclosure from the third party owner(s) of the real property at issue by presenting to Qwest an executed version of the Consent to Disclosure form that is included in Attachment 4 to Exhibit D of this Agreement. In lieu of submission of the Consent to Disclosure form, CLEC must comply with the indemnification requirements in Section 10.8.4. (See Minnesota, New Mexico, South Dakota, Oregon, Washington, Arizona and Utah SGATs for state-specific Section 10.27. 10.27.As a condition of its limited waiver of its right to confidentiality in an agreement that provides Qwest access to a multiple tenant environment that Qwest provides to CLEC or that CLEC obtains from the multiple tenant environment owner or operator, Qwest shall redact all dollar figures from copies of agreements that have not been publicly recorded that Qwest provides to CLEC and shall require that the multiple tenant environment owner or operator make similar redaction s prior to disclosure of the agreement. 10.27.4 In all instances, CLEC will use agreements only for the following purposes: (a) to determine whether Qwest has ownership or control over duct conduits, or rights-of-way within the property described in the agreement; (b) to determine the ownership of wire within the property described in the agreement; or (c) to determine the Demarcation Point between Qwest facilities and the owner facilities in the property described in the agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of any agreement provided pursuant to Section 10.8 to any CLEC agents or employees engaged in sales , marketing, or product management efforts on behalf of CLEC. Page 253 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services 10.Rate Elements Qwest fees for attachments are in accordance with Section 224 of the Act and FCC orders rules and regulations promulgated thereunder, as well as the rates established by the Commission including the following rates , are reflected in Exhibit A. 10.Inquiry Fee. A non-refundable pre-paid charge used to recover the costs associated with performing an internal record review to determine if a requested route and/or facility is available, or with respect to ROW, to determine the information necessary to create the MTE matrix or ROW matrix, as applicable, which identifies, for each ROW, the name of the original grantor and the nature of the ROW (i.e., publicly recorded and non-recorded) and the MTE matrix or ROW matrix, as applicable , which identifies each requested legal agreement between Qwest and a third party who has a multiple tenant environment in Qwest's possession that relates to Telecommunications Services provided to or through real property owned by the third party (MTE Agreement) and, for each such MTE Agreement, the name of the third party. Separate Inquiry Fees apply for ROW, poles and ductlconduitlinnerduct. 10.Field Verification Fee/Access Agreement Preparation Fee. In the case of poles and ductlinnerduct, the Field Verification Fee is a non-refundable pre-paid charge which recovers the estimated actual costs for a field survey verification required for a route and to determine scope of any required make-ready work. Separate Field Verification Fees apply for poles and manholes. In the case of ROW, the Access Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the estimated actual costs for preparation of the Access Agreement for each ROW requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be billed in advance. 10.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up) charge which recovers the cost of necessary work required to make the requested facility/ROW available for access. For innerduct, this could include , but is not limited to , the placing of innerduct in conduitlduct systems or core drilling of manholes. For Pole Attachment requests, this could include, but is not limited to, the replacement of poles to meet required clearances over roads or land. For ROW, this make-ready could include , but is not limited to , personnel time , including attorney time. With respect to ROW, make- ready work refers to legal or other investigation or analysis arising out of CLEC's failure to comply with the process described in Exhibit D for ROW, or other circumstances giving rise to such work beyond the simple preparation of one or more Access Agreements. The estimated pre-paid fee shall be billed in advance. 10.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the occupancy, including during any make-ready period, of one (1) foot of pole space (except for antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC requests that it be semi-annual. 10.Innerduct Occupancy Fee. A pre-paid fee which is charged for the occupancy, including during any make-ready period , of an innerduct on a per foot basis. This fee shall be annual unless CLEC requests that it be semi-annual. 10.Access Agreement Consideration. A pre-paid fee which constitutes consideration for conveying access to the ROW to CLEC. This fee shall be a one-time Page 254 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services (i.e. nonrecurring) fee. 10.4 Ordering There are two (2) steps required before placing an order for access to ROW, ducUinnerduct and Pole Attachment: Inquiry Review and Field Verification. 10.8.4.Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole Attachment or ducUinnerduct occupancy, Qwest will provide CLEC with Exhibit D. CLEC will review the documents and provide Qwest with maps of the desired area indicating the routes and entrance points for proposed attachment, proposed occupancy proposed CLEC construction on Qwest owned or controlled poles, ducUinnerduct and ROW as well as the street addresses of any multiple tenant environments upon or through which CLEC proposes construction on ROW owned or controlled by Qwest. CLEC will include the appropriate inquiry fee with a completed Attachment 1.A from Exhibit D. 10.8.4.Inquiry Review - DucUConduiUlnnerduct. Qwest will complete the database inquiry and prepare a ducUconduit structure diagram (referred to as a "Flatline ) which shows distances and access points (such as manholes). Along with the Flatline will be estimated costs for field verification of available facilities. These materials will be provided to CLEC within ten (10) calendar Days or within the time frames of the applicable federal or state law, rule or regulation. 10.8.4.Inquiry Review Poles. Qwest will provide the name and contact number for the appropriate local field engineer for joint validation of the poles and route and estimated costs for field verification on Attachment 1. B Exhibit D within ten (10) calendar Days of the request. 10.8.4.Inquiry Review - ROW. Qwest shall, upon request of CLEC provide the ROW matrix, the MDU matrix and a copy of all publicly recorded agreements listed in those matrices to CLEC within ten (10) Days of the request. Qwest will provide to CLEC a copy of agreements listed in the matrices that have not been publicly recorded if CLEC obtains authorization for such disclosure from the third party owner(s) of the real property at issue by an executed version of the Consent to Disclosure form, which is included in Exhibit D, Attachment 4. Qwest may redact all dollar figures from copies of agreements listed in the matrices that have not been publicly recorded that Qwest provides to CLEC. Any dispute over whether terms have been redacted appropriately shall be resolved pursuant to the Dispute Resolution procedures set forth in this Agreement. Alternatively, in order to secure any agreement that has not been publicly recorded CLEC may provide a legally binding and satisfactory agreement to indemnify Qwest in the event of any legal action arising out of Qwest's provision of such agreement to CLEC. In that event, CLEC shall not be required to provide an executed Consent to Disclosure form. Qwest makes no warranties concerningthe accuracy of the information provided to CLEC; CLEC expressly acknowledges that Qwest's files contain only the original ROW instruments, and that the current owner(s) of the fee estate may not be the party identified in the document provided by Qwest. 10.8.4.Field Verification - Poles DucUlnnerduct and Access Agreement Page 255 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services Preparation (ROW). CLEC will review the inquiry results and determine whether to proceed with field verification for poles/ducts or Access Agreement preparation for ROW. If field verification or Access Agreement preparation is desired CLEC will sign and return Attachment 1. B of Exhibit D along with a check for the relevant verification fee (Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access Agreement as consideration for the Access Agreement. Upon payment of the relevant fee and Access Agreement consideration if applicable , Qwest will provide, as applicable: depending on whether the request is for poles, ductlinnerductlconduit, or ROW: (a) in the case of ductlinnerductlconduit, a field survey and site investigation of the ductlinnerductlconduit, including the preparation of distances and drawings, to determine availability of existing ductlinnerductlconduit; identification of make-ready costs required to provide space; the schedule in which the make-ready work will be completed; and, the annual recurring prices associated with the attachment of facilities;(b) in the case of ROW, the completed Access Agreement(s), executed and acknowledged by Qwest. Upon completion of the Access Agreement(s) by CLEC , in accordance with the instructions, terms and conditions set forth in Exhibit D, the Access Agreement becomes effective to convey the interest identified in the Access Agreement (if any). Any dispute regarding whether a legal agreement conveys a ROW shall be resolved between CLEC and the relevant third party or parties, and such disputes shall not involve Qwest; and/or (c) in the case of poles, estimates of make-ready costs and the annual recurring prices associated with the attachment of facilities shall be as provided in Exhibit A. The verification of (a), (b), and (c), above, shall be completed by Qwest not later than forty-five (45) calendar Days after CLEC's submission of the inquiryrequest. Make-ready time, if any, and CLEC review time is not part of the forty-five (45) Day interval. The Attachment 2 quotation shall be valid for ninety (90) calendar Days. 10.8.4.1 CLEC-Performed Field Verification. At the option of CLEC, it may perform its own field verification (in lieu of Qwest performing same) with the following stipulations: 1) Verifications will be conducted by a Qwest approved contractor; 2) A Qwest contractor will monitor the activity of CLEC contractor and a current labor rate will be charged to CLEC; 3) CLEC will provide Qwest with a legible copy of manhole butterfly drawings that reflect necessary make-ready effort; and 4) Qwest will use CLEC-provided butterfly drawings and documentation to check against existing jobs and provide a final field report of available ductlinnerduct. CLEC will be charged standard rates for tactical planner time. 10.8.4.Order - Poles and Ductllnnerduct. The review, signing and return of Attachment 2 of the General Information Document along with payment of the Make- Ready and prorated recurring access charges for the current relevant period (annual or semi-annual) shall be accepted as an order for the attachment or occupancy. Upon receipt of the accepted order from CLEC and applicable payment for the fees identified Qwest will assign the requested space and commence any make-ready work which may be required. Qwest will notify CLEC when poles/ductlinnerduct are ready. 10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make- Ready costs. 10.8.4.4.If Qwest requests , CLEC will be responsible for payment of the actual Make-Ready costs determined if such costs exceed the estimate. Such payment shall be made within thirty (30) Days of receipt of an invoice for the Page 256 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 10 Ancillary Services costs that exceed the estimate. In cases of dispute , Qwest will proceed with Make-Ready work upon receipt of payment for the estimated costs by CLEC , and the Parties will proceed with Dispute Resolution under this Agreement as to the remaining disputed balances. 10.8.4.4.Within fifteen (15) business days of a request, Qwest will provide CLEC copies of records reflecting actual cost of Make-Ready work; provided , however, that, if Qwest does not possess all such records at the time of the request, then Qwest will provide copies of such records within fifteen (15) business days of receipt of such records. CLEC must request such records , if at all , within sixty (60) calendar Days after written notification of the completion of the Make-Ready work. 10.8.4.4.If the actual Make-Ready costs are less than the estimate , an appropriate credit for the difference will be issued upon request. Such request must be received within sixty (60) calendar Days following CLEC's receipt of copies of records if CLEC has requested records under this paragraph , or within sixty (60) calendar Days after written notification of the completion of Make- Ready work if CLEC has not requested records under this paragraph. Such credit will issue within ten (10) business days of Qwest's receipt of either all records related to such actual costs or CLEC's request for credit, whichever comes last, but in no event later than ninety (90) calendar Days following the request for credit. 10.8.4.4.4 If CLEC cancels or if, due to circumstances unforeseen during inquiry/verification Qwest denies the request for poles , ducts or ROW upon CLEC request, Qwest will also refund the difference between the actual Make- Ready costs incurred and those prepaid by CLEC, if any. Such request must be made within thirty (30) calendar Days of CLEC'receipt of written denial or notification of cancellation. Any such refund shall be made within ten (10) business days of either receipt of CLEC's request or Qwest's receipt of all records relating to the actual costs , whichever comes last, but in no event later than ninety (90) calendar Days following the denial. 10.5 Billing CLEC agrees to pay the following fees in advance as specified in Exhibit A: Inquiry Fee, Field Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee , Pole Attachment Fee Ductllnnerduct Occupancy Fee and Access Agreement Consideration. Make-Ready Fees will be computed in compliance with applicable local , state and federal guidelines. Usage fees for poles/ductlinnerduct (i.e., Pole Attachment Fee and Ductllnnerduct Occupancy Fee) will be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual usage fees for poles/ductlinnerduct will be assessed as of January 1 of each year. Semi-annual usage fees for poles/ductlinnerduct will be assessed as of January 1 and July 1 of each year. All fees shall be paid within thirty (30) Days following receipt of invoices. All fees are not refundable except as expressly provided herein. 10.6 Maintenance and Repair In the event of any service outage affecting both Qwest and CLEC, repairs shall be effectuated on a non-discriminatory basis as established by local, state or federal requirements. Where Page 257 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 1 Ancillary Services such requirements do not exist, repairs shall be made in the following order: electrical telephone (EAS/local), telephone (long distance), and cable television, or as mutually agreed to by the users of the affected poles/ductlinnerduct. Page 258 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 11 Network Security Section 11.0 - NETWORK SECURITY 11.Protection of Service and Property. Each Party shall exercise the same degree of care to prevent harm or damage to the other Party and any third parties, its employees agents or End User Customers, or their property as it employs to protect its own personnel , End User Customers and property, etc. 11.Each Party is responsible to provide security and privacy of communications.This entails protecting the confidential nature of Telecommunications transmissions betweenEnd User Customers during technician work operations and at all times. Specifically, no employee, agent or representative shall monitor any circuits except as required to repair orprovide service of any End User Customer at any time. Nor shall an employee , agent or representative disclose the nature of overheard conversations, or who participated in such communications or even that such communication has taken place. Violation of such security may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible for covering its employees on such security requirements and penalties. 11.The Parties' Telecommunications networks are part of the national security network, and as such, are protected by federal law. Deliberate sabotage or disablement of any portion of the underlying equipment used to provide the network is a violation of federal statutes with severe penalties , especially in times of national emergency or state of war. The Parties are responsible for covering their employees on such security requirements and penalties.11.4 Qwest and CLEC share responsibility for security and network protection for each Collocation arrangement. Each Party s employees, agents or representatives must secure its own portable test equipment, spares, etc. and shall not use the test equipment or spares of other parties. Use of such test equipment or spares without written permission constitutes theft and may be prosecuted. Exceptions are the use of Qwest ladders in the Premises, either rolling or track, which CLEC may use in the course of work operations. Qwest assumes no liability to CLEC, its agents, employees or representatives, if CLEC uses a Qwest ladder available in the Premises. 11.Each Party is responsible for the physical security of its employees, agents orrepresentatives. Providing safety glasses, gloves, etc. must be done by the respective employing Party. Hazards handling and safety procedures relative to the Telecommunications environment is the training responsibility of the employing Party. Proper use of tools, ladders and test gear is the training responsibility of the employing Party. 11.In the event that one Party s employees, agents or representatives inadvertently damage or impair the equipment of the other Party, prompt notification will be given to thedamaged Party by verbal notification between the Parties' technicians at the site or by telephone to each Party s 24 x 7 security numbers. 11.Each Party shall comply at all times with Qwest security and safety procedures and requirements while performing work activities on Qwest's Premises. 11.Qwest will allow CLEC to inspect or observe spaces which house or contain CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys, entry codes, lock combinations , or other materials or information which may be needed to gain entry into any secured CLEC space, in a manner consistent with that used by Qwest. Page 259 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 11 Network Security 11.Qwest will limit the keys used in its keying systems for enclosed collocated spaces which contain or house CLEC equipment or equipment enclosures to its employees and representatives to emergency access only. CLEC shall further have the right to change locks where deemed necessary for the protection and security of such spaces. 11.10 Keys may entail either metallic keys or combination electronic ID/key cards. It is solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel and recover keys and electronic ID/keys promptly from discharged personnel , such that office security is always maintained. Qwest has similar responsibility for its employees. 11.11 CLEC will train its employees, agents and vendors on Qwest security policies and guidelines. 11.12 When working on Qwest ICDF Frames or in Qwest's common or CLEC equipment line-ups Qwest and CLEC employees, agents and vendors agree to adhere to Qwest quality and performance standards provided by Qwest and as specified in this Ag reement. 11.13 CLEC shall report all material losses to Qwest Security. All security incidents are to be referred directly to local Qwest Security - 1-888-879-7328. In cases of emergency, CLEC shall call 911 and 1-888-879-7328. 11.14 Qwest and CLEC employees agents and vendors will display the identification/access card above the waist and visible at all times. 11.15 Qwest and CLEC shall ensure adherence by their employees, agents and vendors to all applicable Qwest environmental health and safety regulations. This includes all fire/life safety matters, OSHA, EPA, Federal , State and local regulations , including evacuation plans and indoor air quality. 11. and gates. Qwest and CLEC employees, agents and vendors will secure and lock all doors 11.17 CLEC will report to Qwest all property and equipment losses immediately, any lost cards or keys, vandalism, unsecured conditions, security violations, anyone who unauthorized to be in the work area or is not wearing the Qwest identification/access card. 11.18 Qwest and CLEC's employees , agents and vendors shall comply with Qwest Central Office fire and safety regulations, which include but are not limited to, wearing safety glasses in designated areas, keeping doors and aisles free and clean of trip hazards such as wire, checking ladders before moving, not leaving test equipment or tools on rolling ladders, not blocking doors open, providing safety straps and cones in installation areas, using electrostatic discharge protection , and exercising good housekeeping. 11.19 Smoking is not allowed in Qwest buildings, Wire Centers, or other Qwest facilities. No open flames shall be permitted anywhere within the buildings , Wire Centers or other facilities. Failure to abide by this restriction may result in denial of access for that individual and may constitute a violation of the access rules, subjecting CLEC employee, agent or vendor to denial of unescorted access. Qwest shall provide written notice within five (5) calendar Days of a CLEC violation of this provision to CLEC prior to denial of access and such notice shall include: 1) identification of the violation of this provision and the personnel involved Page 260 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 11 Network Security 2) identification of the safety regulation violated, and 3) date and location of such violation. CLEC will have five (5) calendar Days to remedy any such violation for which it has received notice from Qwest. In the event that CLEC fails to remedy any such violation of which it has received notice within such five (5) calendar Days following receipt of such notice, CLEC shall be denied unescorted access to the affected Premises. In the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision , CLEC may pursue immediate resolution by expedited Dispute Resolution. 11.20 No flammable or explosive fluids or materials are to be kept or used anywhere within the Qwest buildings or on the grounds. 11.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest property are subject to this restriction as well. 11.22 Except as otherwise provided in this Agreement, CLEC's employees , agents or vendors may not make any modifications, alterations, additions or repairs to any space within the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC, its employees or agents from performing modifications , alterations, additions or repairs to its own equipment or facilities. 11.23 Qwest employees may request CLEC's employees, agents or vendors to stop any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the Qwest Premises, Qwest equipment or Qwest services within the facility until the situation is remedied. CLEC employees may report any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the building, CLEC equipment or CLEC services within the facility, to Qwest Service Assurance (800-713-3666) and the reported work activity will be immediately stopped until the situation is remedied. In the event such non-compliant activity occurs in a Qwest Central Office, notification of the non-compliant activity may be made to the Central Office supervisor, and the Central Office supervisor shall immediately stop the reported work activity until the situation is remedied. The compliant Party shall provide immediate notice of the non-compliant work activity to the non-compliant Party and such notice shall include: 1) identification of the non-compliant work activity, 2) identification of the safety regulation violated, and 3) date and location of safety violation. If such non-compliant work activities pose an immediate threat to the safety of the other Party s employees , interference with the performance of the other Party service obligations, or pose an immediate threat to the physical integrity of the other Party s facilities the compliant Party may perform such work and/or take action as is necessary to correct the condition at the non-compliant Party s expense. In the event the non-compliant Party disputes any action the compliant Party seeks to take or has taken pursuant to this provision, the non- compliant Party may pursue immediate resolution by expedited Dispute Resolution. If the non- compliant Party fails to correct any safety non-compliance within ten (10) calendar Days of written notice of non-compliance, or if such non-compliance cannot be corrected within ten (10) calendar Days of written notice of non-compliance, and if the non-compliant Party fails to take all appropriate steps to correct as soon as reasonably possible, the compliant Party may pursue immediate resolution by expedited Dispute Resolution. 11.24 Qwest is not liable for any damage, theft or personal injury resulting from CLEC' employees, agents or vendors parking in a Qwest parking area. 11.25 CLEC's employees, agents or vendors outside the designated CLEC access area, or without proper identification may be asked to vacate the Premises and Qwest security Page 261 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 11 Network Security may be notified. Continued violations may result in termination of access privileges. Qwest shall provide immediate notice of the security violation to CLEC and such notice shall include: 1) identification of the security violation, 2) identification of the security regulation violated, and 3) date and location of security violation. CLEC will have five (5) calendar Days to remedy any such alleged security violation before any termination of access privileges for such individual. the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision, CLEC may pursue immediate resolution by expedited or other Dispute Resolution. 11. Centers: Building related problems may be referred to the Qwest Work Environment 800-879-3499 (CO, WY, AZ, NM) 800-201-7033 (all other Qwest states) 11.27 CLEC will submit a Qwest Collocation Access Application form for individuals needing to access Qwest facilities. CLEC and Qwest will meet to review applications and security requirements. 11.28 CLEC employees , agents and vendors will utilize only corridors, stairways and elevators that provide direct access to CLEC's space or the nearest restroom facility. Such access will be covered in orientation meetings. Access shall not be permitted to any other portions of the building. 11.29 CLEC will collect identification/access cards for any employees , agents or vendors no longer working on behalf of CLEC and forward them to Qwest Security. If cards or keys cannot be collected , CLEC will immediately notify Qwest at 800-210-8169. 11.30 CLEC will assist Qwest in validation and verification of identification of its employees , agents and vendors by providing a telephone contact available seven (7) Days a week, twenty-four (24) hours a Day. 11.31 Qwest and CLEC employees, agents and vendors will notify Qwest Service Assurance (800-713-3666) prior to gaining access into a Central Office after hours, for the purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00 m. to 5:00 p. 11.32 CLEC will notify Qwest if CLEC has information that its employee, agent or vendor poses a safety and/or security risk. Qwest may deny access to anyone who in the reasonable judgment of Qwest threatens the safety or security of facilities or personnel. 11.33 CLEC will supply to Qwest Security, and keep up to date , a list of its employees agents and vendors who require access to CLEC's space. The list will include names and social security numbers. Names of employees, agents or vendors to be added to the list will be provided to Qwest Security, who will provide it to the appropriate Qwest personnel. 11.34 Revenue Protection. Qwest shall make available to CLEC all present and future fraud prevention or revenue protection features. These features include, but are not limited to screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone originating line types respectively; call blocking of domestic, international , 800, 888, 900 , NPA- 976 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud Page 262 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 11 Network Security prevention , detection and control functionality within pertinent Operations Support Systems which include but are not limited to LlDB Fraud monitoring systems. 11.34.Uncollectable or unbillable revenues resulting from , but not confined to Provisioning, maintenance, or signal network routing errors shall be the responsibility of the Party causing such error or malicious acts , if such malicious acts could have reasonably been avoided. 11.34.Uncollectible or unbillable revenues resulting from the accidental or malicious alteration of software underlying Network Elements or their subtending Operational Support Systems by unauthorized third parties that could have reasonably been avoided shall be the responsibility of the Party having administrative control of access to said Network Element or operational support system software. 11.34.Qwest shall be responsible for any direct uncollectible or unbillable revenues resulting from the unauthorized physical attachment to Loop facilities from the Main Distribution Frame up to and including the Network Interface Device, including clip- on fraud , if Qwest could have reasonably prevented such fraud. 11.34.4 To the extent that incremental costs are directly attributable to a revenue protection capability requested by CLEC , those costs will be borne by CLEC. 11.34.To the extent that either Party is liable to any toll provider for fraud and to the extent that either Party could have reasonably prevented such fraud , the Party who could have reasonably prevented such fraud must indemnify the other for any fraud due to compromise of its network (e., clip-on, missing information digits, missing toll restriction , etc. 11.34.If Qwest becomes aware of potential fraud with respect to CLEC' accounts, Qwest will promptly inform CLEC and, at the direction of CLEC, take reasonable action to mitigate the fraud where such action is possible. 11.35 Law Enforcement Interface. Qwest provides emergency assistance to 911 centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day. Assistance includes, but is not limited to, release of 911 trace and subscriber information; in- progress trace requests; establishing emergency trace equipment, release of information froman emergency trap/trace or *57 trace; requests for emergency subscriber information; assistance to law enforcement agencies in hostage/barricade situations , kidnappings bomb threats, extortion/scams, runaways and life threats. 11.36 Qwest provides trap/trace, pen register and Title III assistance directly to law enforcement, if such assistance is directed by a court order. This service is provided during normal business hours, Monday through Friday. Exceptions are addressed in the above paragraph. The charges for these services will be billed directly to the law enforcement agency, without involvement of CLEC , for any lines served from Qwest Wire Centers or cross boxes. 11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross boxes, whether the line is a resold line or part of an Unbundled Local Switching or Unbundled Loop element, Qwest will perform trap/trace Title III and pen register assistance directly with law enforcement. CLEC will not be involved or notified of such actions, due to non-disclosure court order considerations , as well as timely response duties when law enforcement agencies are Page 263 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 11 Network Security involved. Exceptions to the above will be those cases, as yet undetermined , where CLEC must participate due to technical reasons wherein its circuitry must be accessed or modified to comply with law enforcement, or for legal reasons that may evolve over time. CLEC will provide Qwest with a twenty-four (24) hours a Day, seven (7) Days a week contact for processing such requests, should they occur. Page 264 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDose4 bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) 12.Description 12.Qwest has developed and shall continue to provide Operational Support System (OSS) interfaces using electronic gateways and manual processes. These gateways act as a mediation or control point between CLEC's and Qwest's OSS. These gateways provide security for the interfaces, protecting the integrity of the Qwest OSS and databases. Qwest's OSS interfaces have been developed to support Pre-ordering, Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the interfaces and manual processes that Qwest has developed and shall provide to CLEC. Additional technical information and details shall be provided by Qwest in training sessions and documentation and support, such as the "Interconnect Mediated Access User s Guide." Qwest will continue to make improvements to the electronic interfaces as technology evolves, Qwest's legacy systems improve, or CLEC needs require. Qwest shall provide notification to CLEC consistent with the provisions of the Change Management Process (CMP) set forth in Section 12. 12.Through its electronic gateways and manual processes Qwest shall provide CLEC non-discriminatory access to Qwest's OSS for Pre-ordering, Ordering and Provisioning, Maintenance and Repair, and Billing functions. For those functions with a retail analogue, suchas pre-ordering and ordering and Provisioning of resold services , Qwest shall provide CLEC access to its OSS in substantially the same time and manner as it provides to itself. For those functions with no retail analogue, such as pre-ordering and ordering and Provisioning of Unbundled Elements, Qwest shall provide CLEC access to Qwest's OSS sufficient to allow an efficient competitor a meaningful opportunity to compete. Qwest will comply with the standardsfor access to OSS set forth in Section 20. Qwest shall deploy the necessary systems and personnel to provide sufficient access to each of the necessary OSS functions. Qwest shall provide assistance for CLEC to understand how to implement and use all of the available OSS functions. Qwest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC equivalent access to all of the necessary OSS functions. Through its website, training, disclosure documentation and development assistance Qwest shall disclose to CLEC any internal business rules and other formatting information necessary to ensure that CLEC' requests and orders are processed efficiently. Qwest shall provide training to enable CLEC to devise its own course work for its own employees. Through its documentation available to CLEC, Qwest will identify how its interface differs from national guidelines or standards. Qwest shall provide OSS designed to accommodate both current demand and reasonably foreseeable demand. 12.OSS Support for Pre-Ordering, Ordering and Provisioning 12.Local Service Request (LSR) Ordering Process 12.Qwest shall provide electronic interface gateways for submission of LSRs, including both an Electronic Data Interchange (EDI) interface and a Graphical User Interface (GUI). 12.The interface guidelines for EDI are based upon the Order & Billing Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication Industry Forum (TCIF) Customer Service Guidelines; and the American National Standards Institute/Accredited Standards Committee (ANSI ASC) X12 protocols. Exceptions to the above guidelines/standards shall be specified in the EDI disclosure documents. Page 265 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (055) 12.The GUI shall provide a single interface for Pre-Order and Order transactions from CLEC to Qwest and is browser based. The GUI interface shall bebased on the LSOG and utilizes a WEB standard technology, Hyper Text Markup Language (HTML), JAVA and the Transmission Control Protocol/Internet Protocol (TCP/IP) to transmit messages. 12.1.4 Functions Pre Ordering - Qwest will provide real time, electronic access to pre-order functions to support CLEC's ordering via the electronic interfaces described herein. Qwest will make the following real time pre-order functions available to CLEC: 12.1.4.1 Features, services and Primary Interexchange Carrier (PIC) options for IntraLATA toll and InterLATA toll available at a valid service address; 12.1.4.Access to Customer Service Records (CSRs) for Qwest retail or resale End User Customers. The information will include Billing name, service address, Billing address, service and feature subscription , Directory Listing information, and long distance Carrier identity; 12.1.4.Telephone number request and selection; 12.1.4.4 Reservation of appointments for service installations requiring the dispatch of a Qwest technician on a non-discriminatory basis; 12.1.4.Information regarding whether dispatch is required for service installation and available installation appointments; 12.1.4.Service address verification; 12.1.4.Facility availability, Loop qualification, including resale-DSL , and Loop make-up information, including, but not limited to, Loop length, presence of Bridged Taps, repeaters, and loading coils. This Section 12.1.4.7 shall apply only to CLEC orders for Unbundled Loops or Loop combinations. 12.1.4.A list of valid available CFAs for Unbundled Loops. 12.1.4.A list of one to five (1-5) individual Meet Points or a range of Meet Points for shared Loops. 12.1.4.10 Design Layout Record (DLR) Query which provides the layout for the local portion of a circuit at a particular location where applicable. 12.Dial-Up Capabilities 12.Reserved for Future Use. 12.Reserved for Future Use. 12.When CLEC requests from Qwest more than fifty (50) SecurlDs for use by CLEC Customer service representatives at a single CLEC location CLEC shall use a T1 line instead of dial-up access at that location. If CLEC is obtaining the line from Qwest, then CLEC shall be able to use SECURIDs until Page 266 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) such time as Qwest provisions the T1 line and the line permits pre-order and order information to be exchanged between Qwest and CLEC. 12.Access Service Request (ASR) Ordering Process 12.Qwest shall provide a computer-to-computer batch file interface for submission of ASRs based upon the OBF Access Service Order Guidelines (ASOG). Qwest shall supply exceptions to these guidelines in writing in sufficient time for CLEC to adjust system requirements. 12.Facility Based EDI Listing Process -- Qwest shall provide a Facility Based EDI Listing interface to enable CLEC listing data to be translated and passed into the Qwest listing database. This interface is based upon OBF LSOG and ANSI ASC X12 standards. Qwest shall supply exceptions to these guidelines/standards in writing in sufficient time for CLEC to adjust system requirements. 12.Qwest will establish interface contingency plans and disaster recovery plans for the interfaces described in this Section. Qwest will work cooperatively with CLECs through the CMP process to consider any suggestions made by CLEC to improve or modify such plans. CLEC specific requests for modifications to such plans will be negotiated and mutually agreed upon between Qwest and CLEC. 12.Ordering and Provisioning - Qwest will provide access to ordering and status functions. CLEC will populate the service request to identify what features services, or elements it wishes Qwest to provision in accordance with Qwest's published business rules. 12.Qwest shall provide all Provisioning services to CLEC during the same business hours that Qwest provisions services for its End User Customers. Qwest will provide out-of-hours Provisioning services to CLEC on a non- discriminatory basis as it provides such Provisioning services to itself, its End User Customers, its Affiliates or any other Party. Qwest shall disclose the business rules regarding out-of-hours Provisioning on its wholesale website. 12.When CLEC places an electronic order Qwest will provide CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC will follow industry-standard formats and contain the Qwest Due Date for order completion. Upon completion of the order, Qwest will provide CLEC with an electronic completion notice which follows industry-standard formats and which states when the order was completed. Qwest supplies two (2) separate completion notices: 1) service order completion (SOC) which notifies CLEC that the service order record has been completed, and 2) Billing completion that notifies CLEC that the service order has posted to the Billing system. 12.When CLEC places a manual order, Qwest will provide CLEC with a manual Firm Order Confirmation notice. The confirmation notice will follow industry-standard formats. Upon completion of the order Qwest will provide CLEC with a completion notice which follows industry-standard formats and which states when the order was completed. Qwest supplies two (2) separate completion notices: 1) service order completion (SOC) which notifies CLEC that the service order record has been completed , and 2) Billing completion that Page 267 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) notifies CLEC that the service order has posted to the Billing system. 12.9.4 When CLEC places an electronic order Qwest shall provide notification electronically of any instances when (1) Qwest's Committed Due Dates are in jeopardy of not being met by Qwest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 20. 12.When CLEC places a manual order, Qwest shall provide notification of any instances when (1) Qwest's Committed Due Dates are jeopardy of not being met by Qwest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 20. 12.Business rules regarding rejection of LSRs or ASRs are subject to the provisions of Section 12. 12.Where Qwest provides installation on behalf of CLEC , Qwest shall advise the CLEC End User Customer to notify CLEC immediately if the CLEC End User Customer requests a service change at the time of installation. 12.2 Maintenance and Repair 12.Qwest shall provide electronic interface gateways, including an Electronic Bonding interface and a GUI interface , for reviewing a Customer s trouble history at a specific location , conducting testing of a Customer s service where applicable, and reporting trouble to facilitate the exchange of updated information and progress reports between Qwest and CLEC while the Trouble Report (TR) is open and a Qwest technician is working on the resolution. CLEC may also report trouble through manual processes. For designed services, the TR will not be closed prior to verification by CLEC that trouble is cleared. 12.3 Interface Availability 12.Qwest shall make its OSS interfaces available to CLECs during the hours listed in the Gateway Availability PIDs in Section 20. 12.Qwest shall notify CLECs in a timely manner regarding system downtime through mass email distribution and pop-up windows as applicable. 12.4 Billing 12.2.4.For products billed out of the Qwest Interexchange Access Billing System (lABS), Qwest will utilize the existing CABS/BOS format and technology for the transmission of bills. 12.2.4.For products billed out of the Qwest Customer Record Information System (CRIS), Qwest will utilize the existing EDI standard for the transmission of monthly local Billing information. EDI is an established standard under the auspices of the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically for the purposes of Telecommunications Billing. Any deviance from these standards and guidelines shall be documented and accessible to CLEC. Page 268 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 12.5 Outputs Output information will be provided to CLEC in the form of bills, files, and reports. Bills will capture all regular monthly and incremental/usage charges and present them in a summarized format. The files and reports delivered to CLEC come in the following categories: Usage Record File Line Usage Information Loss and Completion Order Information Category 11 Facility Based Line Usage Information SAG/F AM Street Address/Facility Availability Information 12.Bills 12.CRIS Summary Bill - The CRIS Summary Bill represents monthly summary of charges for most wholesale products sold by Qwest. This bill includes a total of all charges by entity plus a summary of current charges and adjustments on each sub-account. Individual sub-accounts are provided as Billing detail and contain monthly, one-time charges and incremental/call detail information. The Summary Bill provides one bill and one payment document for CLEC. These bills are segmented by state and bill cycle. The number of bills received by CLEC is dictated by the product ordered and the Qwest region in which CLEC is operating. 12.lABS Bill - The lABS Bill represents a monthly summary of charges. This bill includes monthly and one-time charges plus a summary of any usage charges. These bills are segmented by product, LATA, Billing account number (BAN) and bill cycle. 12.Files and Reports 12.Daily Usage Record File provides the accumulated set of call information for a given Day as captured or recorded by the network Switches. This file will be transmitted Monday through Friday, excluding Qwest holidays. This information is a file of unrated Qwest originated usage messages and rated CLEC originated usage messages. It is provided in ATIS standard Electronic Message Interface (EMI) format. This EMI format is outlined in the document SR-320; which can be obtained directly from A TIS. The Daily Usage Record File contains multi-state data for the Data Processing Center generating this information. Individual state identification information is contained with the message detail. Qwest will provide this data to CLEC with the same level of precision and accuracy it provides itself. This file will be provided for the following list of products: Resale; Unbundled Switch Port; and Page 269 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) UNE-P for POTS. 12.The charge for this Daily Usage Record File is contained in Exhibit A of this Agreement. 12.Routing of in-region IntraLATA Collect, Calling Card , and Third Number Billed Messages - Qwest will distribute in-region IntraLATA collect calling card, and third number billed messages to CLEC and exchange with other CLECs operating in region in a manner consistent with existing inter-company processing agreements. Whenever the daily usage information is transmitted to a Carrier, it will contain these records for these types of calls as well. 12.2.4 Loss Report provides CLEC with a daily report that contains a list of accounts that have had lines and/or services disconnected. This may indicate that the End User Customer has changed CLECs or removed services from an existing account. This report also details the order number, service name and address, and date this change was made. Individual reports will be provided for the following list of products: ntentionally Left Blank; Resale; Unbundled Loop Unbundled Line Side Switch Port; and UNE-P for POTS. (See Idaho and Oregon SGA Ts for state-specific Section 12. 12.Completion Report provides CLEC with a daily report. This report is used to advise CLEC that the order(s) for the service(s) requested is complete. It details the order number, service name and address and date this change was completed. Individual reports will be provided for the following list of products: ntentionally Left Blank; Resale; Unbundled Loop; Unbundled Line Side Switch; and UNE-P for POTS. (See Idaho and Oregon SGATs for state-specific Section 12. 12.Category 11 Records are Exchange Message Records (EMR) which provide mechanized record formats that can be used to exchange access Page 270 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) usage information between Qwest and CLEC. Category 1101 series records are used to exchange detailed access usage information. 12.Category 1150 series records are used to exchange summarized Meet Point Billed access minutes-of-use. Qwest will make accessible to CLEC through electronic means the transmission method/media types available for these mechanized records. 12.SAG/FAM Files. The SAG (Street Address Guide)/ FAM (Features Availability Matrix) files contain the following information: SAG provides Address and Serving Central Office Information. b) F AM provides USOCs and descriptions by state (POTS services only), and USOC availability by NPA-NXX with the exception of Centrex. InterLATAllntraLATA Carriers by NPA-NXX. These files are made available via a download process. They can be retrieved by ftp (file transfer protocol), NDM connectivity, or a Web browser. 12.6 Change Management Qwest agrees to maintain a change management process, known as the Change Management Process (CMP), that is consistent with or exceeds industry guidelines , standards and practices to address Qwest's OSS, products and processes. The CMP shall include, but not be limited to the following: (i) provide a forum for CLEC and Qwest to discuss CLEC and Qwest change requests (CR), CMP notifications, systems release life cycles, and communications; (ii) provide a forum for CLECs and Qwest to discuss and prioritize CRs, where applicable pursuant to Exhibit G; (iii) develop a mechanism to track and monitor CRs and CMP notifications; (iv) establish intervals where appropriate in the process; (v) processes by which CLEC impacts that result from changes to Qwest's OSS , products or processes can be promptly and effectively resolved; (vi) processes that are effective in maintaining the shortest timeline practicable for the receipt, development and implementation of all CRs; (vii) sufficient dedicated Qwest processes to address and resolve in a timely manner CRs and other issues that come before the CMP body; (viii) processes for OSS Interface testing; (ix) information that is clearly organized and readily accessible to CLECs, including the availability of web-based tools; (x) documentation provided by Qwest that is effective in enabling CLECs to build an electronic gateway; and (xi) a process for changing CMP that calls for collaboration among CLECs and Qwest and requires agreement by the CMP participants. Pursuant to the scope and procedures set forth in Exhibit G, Qwest will submit to CLECs through the CMP, among other things, modifications to existing products and product and technical documentation available to CLECs, introduction of new products available to CLECs, discontinuance of products available to CLECs, modifications to pre-ordering, ordering/Provisioning, maintenancelrepair or Billing processes, introduction of pre- ordering, ordering/Provisioning, Maintenance/Repair or Billing processes, discontinuance of pre- ordering, ordering/Provisioning, maintenance/repair or Billing processes, modifications to existing OSS interfaces, introduction of new OSS interfaces, and retirement of existing OSS interfaces. Qwest will maintain as part of CMP an escalation process so that CMP issues can be escalated to a Qwest representative authorized to make a final decision and a process for the timely resolution of disputes. The governing document for CMP known as the "Change Management Process " is attached as Exhibit G (the "CMP Document" ). The CMP Document (Exhibit G) is the subject of ongoing negotiations between Qwest and CLECs in the ongoing Page 271 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDose4 bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) CMP redesign process. Not all of the sections of Exhibit G have been discussed or considered during the ongoing CMP redesign process, and the CMP Document will continue to be changed through those discussions. Exhibit G reflects the commitments Qwest has made regarding maintaining its CMP. and Qwest commits to implement agreements made in the CMP redesign process as soon as practicable after they are made. Following the completion of the CMP Document, Exhibit G will be subject to change through the CMP process, as set forth in the CMP Document. Qwest will maintain the most current version of the CMP Document on its wholesale website. 12.In the course of establishing operational ready system interfaces between Qwest and CLEC to support local service delivery, CLEC and Qwest may need to defineand implement system interface specifications that are supplemental to existingstandards. CLEC and Qwest will submit such specifications to the appropriate standards committee and will work towards their acceptance as standards. 12. Exhibit G. Release updates will be implemented pursuant to the CMP set forth in 12.Notwithstanding any other provisions in this Agreement, the CMP document attached as Exhibit G will be modified pursuant to the terms of Exhibit G, or the procedures of the redesign process and incorporated as part of the SGA T without requiring the execution or filing of any amendment to this Agreement. (See Wyoming SGA for state-specific Section 12. 12.7 CLEC Responsibilities for Implementation of OSS Interfaces 12.Before CLEC implementation can begin CLEC must completely and accurately answer the New Customer Questionnaire to the extent it has not done so previously under a prior interconnection agreement as required in Section 3. 12.Once Qwest receives a complete and accurate New Customer Questionnaire, Qwest and CLEC will mutually agree upon time frames for implementation of connectivity between CLEC and the OSS interfaces. 12.8 Qwest Responsibilities for On-going Support for OSS Interfaces Qwest will support previous EDI releases for six (6) months after the next subsequent EDI release has been deployed. Qwest will use all reasonable efforts to provide sufficient support to ensure that issues that arise in migrating to the new release are handled in a timely manner. 12. release. Qwest will provide written notice to CLEC of the need to migrate to a new 12.Qwest will provide an EDI Implementation Coordinator to work with CLEC for business scenario re-certification , migration and data conversion strategy definition. 12.Re-certification is the process by which CLEC demonstrates the ability to generate correct functional transactions for enhancements not previously certified. Qwest will provide the suite of tests for re-certification to CLEC with the issuance of the disclosure document. Page 272 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 12.8.4 Qwest shall provide training mechanisms for CLEC to pursue in educating its internal personnel. Qwest shall provide training necessary for CLEC to use Qwest'ass interfaces and to understand Qwest's documentation , including Qwest's business rules. 12.9 CLEC Responsibilities for On-going Support for OSS Interfaces 12.If using the GUI interface, CLEC will take reasonable efforts to train CLEC personnel on the GUI functions that CLEC will be using. 12.An exchange protocol will be used to transport EDI formatted content. CLEC must perform certification testing of exchange protocol prior to using the EDI interface. 12.Qwest will provide CLEC with access to a stable testing environment that mirrors production to certify that its OSS will be capable of interacting smoothly and efficiently with Qwest's OSS. Qwest has established the following test processes to assure the implementation of a solid interface between Qwest and CLEC: 12.Connectivity Testing CLEC and Qwest will conduct connectivity testing. This test will establish the ability of the trading partners tosend and receive EDI messages effectively. This test verifies the communications between the trading partners. Connectivity is established during each phase of the implementation cycle. This test is also conducted prior to controlled production and before going live in the production environment if CLEC or Qwest has implemented environment changes when moving into production. 12.2 Stand-Alone Testing Environment ("SATE") - Qwest's stand- alone testing environment will take pre-order and order requests, pass them to the stand-alone database, and return responses to CLEC during its development and implementation of EDI. The SATE provides CLEC the opportunity to validate its technical development efforts built via Qwest documentation without the need to schedule test times. This testing verifies CLEC'ability to send correctly formatted EDI transactions through the EDI system edits successfully for both new and existing releases. SATE uses test account data supplied by Qwest. Qwest will make additions to the test beds and test accounts as it introduces new OSS electronic interface capabilities, including support of new products and services, new interface features, and functionalities. All SATE pre-order queries and orders are subjected to the same edits as production pre-order and order transactions. This testing phase is optional. 12.Interoperability Testing - CLEC has the option of participating with Qwest in Interoperability testing to provide CLEC with the opportunity to validate technical development efforts and to quantify processing results. Interoperability testing verifies CLEC'ability to send correct EDI transactions through the EDI system edits successfully. Interoperability testing requires the use of valid data in Qwest production systems. All Interoperability pre-order queries and order transactions are subjected to the same edits as production orders. This testing phase is optional when CLEC has conducted Stand-Alone Testing successfully. Qwest shall process pre-order transactions in Qwest' Page 273 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) production OSS and order transactions through the business processing layer of the EDI interfaces. 12.3.4 Controlled Production - Qwest and CLEC will perform controlled production. The controlled production process is designed to validate the ability of CLEC to transmit EDI data that completely meets X 12 standards definitions and complies with all Qwest business rules. Controlled production consists of the controlled submission of actual CLEC production requests to the Qwest production environment. Qwest treats these pre-order queries and orders as production pre-order and order transactions. Qwest and CLEC use controlled production results to determine operational readiness. Controlled production requires the use of valid account and order data. All certification orders are considered to be live orders and will be provisioned. 12.If CLEC is using EDI , Qwest shall provide CLEC with a pre- allotted amount of time to complete certification of its business scenarios. Qwest will allow CLEC a reasonably sufficient amount of time during the day and a reasonably sufficient number of days during the week to complete certification of its business scenarios consistent with the CLEC's business plan. It is the sole responsibility of CLEC to schedule an appointment with Qwest for certification of its business scenarios. CLEC must make every effort to comply with the agreed upon dates and times scheduled for the certification of its business scenarios. the certification of business scenarios is delayed due to CLEC, it is the sole responsibility of CLEC to schedule new appointments for certification of its business scenarios. Qwest will make reasonable efforts to accommodate CLEC schedule. Conflicts in the schedule could result in certification being delayed. a delay is due to Qwest, Qwest will honor CLEC's schedule through the use of alternative hours. (See Arizona SGA for state-specific Sections 12.and 12. (See Arizona SGAT for state-specific Section 12. (See Arizona SGA for state-specific Section 12. (See Arizona SGA for state-specific Section 12. (See Arizona SGA for state-specific Section 12. (See Arizona SGAT for state-specific Section 12. (See Arizona SGAT for state-specific Section 12. (See Arizona SGA for state-specific Section 12. (See Arizona SGA for state-specific Section 12.8 ) 12.9.4 If CLEC is using the EDI interface, CLEC must work with Qwest to certify the business scenarios that CLEC will be using in order to ensure successful transaction processing. Qwest and CLEC shall mutually agree to the business scenarios for which CLEC requires certification. Certification will be granted for the specified release of the Page 274 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) EDI interface. If CLEC is certifying multiple products or services, CLEC has the option of certifying those products or services serially or in parallel where Technically Feasible. 12.9.4.For a new software release or upgrade Qwest will provide CLEC a stable testing environment that mirrors the production environment in order for CLEC to test the new release. For software releases and upgrades Qwest has implemented the testing processes set forth in Section 12. 12.3 and 12.3.4. 12.New releases of the EDI interface may require re-certification of some or all business scenarios. A determination as to the need for re-certification will be made by the Qwest coordinator in conjunction with the release manager of each IMA EDI release. Notice of the need for re-certification will be provided to CLEC as the new release is implemented. The suite of re-certification test scenarios will be provided to CLEC with the disclosure document. If CLEC is certifying multiple products or services CLEC has the option of certifying those products or services serially or in parallel, where Technically Feasible. 12.CLEC will contact the Qwest EDI Implementation Coordinator to initiate the migration process. CLEC may not need to certify to every new EDI release however, CLEC must complete the re-certification and migration to the new EDI release within six (6) months of the deployment of the new release. CLEC will use reasonable efforts to provide sufficient support and personnel to ensure that issues that arise in migrating to the new release are handled in a timely manner. 12.The following rules apply to initial development and certification of EDI interface versions and migration to subsequent EDI interface versions: 12.Stand Alone and/or Interoperability testing must begin on the prior release before the next release is implemented. Otherwise, CLEC will be required to move its implementation plan to the next release. 12.New EDI users must be certified and in production with at least one product and one order activity type on a prior release two (2) months after the implementation of the next release. Otherwise CLEC will be required to move its implementation plan to the next release. 12.Any EDI user that has been placed into production on the prior release not later than two (2) months after the next release implementation may continue certifying additional products and activities until two (2) months prior to the retirement of the release. To be placed into production , the products/order activities must have been tested in the SATE or Interoperability environment before two (2) months after the implementation of the next release. 12.CLEC will be expected to execute the re-certification test cases in the stand alone and/or Interoperability test environments. CLEC will provide Purchase Order Numbers (PONs) of the successful test cases to Qwest. Page 275 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 12.In addition to the testing set forth in other sections of Section 12., upon request by CLEC , Qwest shall enter into negotiations for comprehensive production testprocedures. In the event that agreement is not reached CLEC shall be entitled to employ, at its choice, the Dispute Resolution procedures of this Agreement or expedited resolution through request to the state Commission to resolve any differences. In such cases, CLEC shall be entitled to testing that is reasonably necessary to accommodate identified business plans or operations needs , accounting for any other testing relevant to those plans or needs. As part of the resolution of such dispute, there shall be considered the issue of assigning responsibility for the costs of such testing. Absent a finding that the test scope and activities address issues of common interest to the CLEC community, the costs shall be assigned to the CLEC requesting the test procedures. 12.Reserved for Future Use. 12.CLEC Support 12.10.Qwest shall provide documentation and assistance for CLEC to understand how to implement and use all of the available OSS functions. Qwest shall provide to CLEC in writing any internal business rules and other formatting information necessary to ensure that CLEC's requests and orders are processed efficiently. This assistance will include, but is not limited to , contacts to the CLEC account team, training, documentation, and CLEC Help Desk. Qwest will also supply CLEC with an escalation level contact list in the event issues are not resolved via contacts to the CLEC account team, training, documentation and CLEC Help Desk. 12.10.CLEC Help Desk 12.10.The CLEC Systems Help Desk will provide a single point of entry for CLEC to gain assistance in areas involving connectivity, system availability, and file outputs. The CLEC Systems Help Desk areas are further described below. 12.10.Connectivity covers trouble with CLEC's access to the Qwest system for hardware configuration requirements with relevance to EDI and GUI interfaces; software configuration requirements with relevance to EDI and GUI interfaces; modem configuration requirementsT1 configuration and dial-in string requirements firewall access configuration, SecurlD configuration Profile Setup, and password verification. 12.10.System Availability covers system errors generated during an attempt by CLEC to place orders or open trouble reports through EDI and GUI interfaces. These system errors are limited to: Resale/POTS; UNE POTS; Design Services and Repair. 12.10.File Outputs covers CLEC's output files and reports produced from its usage and order activity. File outputs system errors are limited to: Daily Usage File; Loss / Completion File, lABS Bill CRIS Summary Bill, Category 11 Report and SAG/FAM Reports. 12.10.Additional assistance to CLEC is available through various public web Page 276 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) sites. These web sites provide electronic interface training information and userdocumentation and technical specifications and are located on Qwest's wholesale website. Qwest will provide Interconnect Service Center Help Desks which will provide a single point of contact for CLEC to gain assistance in areas involving order submissionand manual processes. 12.Compensation/Cost Recovery Recurring and nonrecurring OSS startup charges, as applicable, will be billed at rates set forth in Exhibit A. Any such rates will be consistent with Existing Rules. Qwest shall not impose anyrecurring or nonrecurring OSS start up charges unless and until the Commission authorizes Qwest to impose such charges and/or approves applicable rates at the completion appropriate cost docket proceedings. 12.Maintenance and Repair 12.1 Service Levels 12.Qwest will provide repair and maintenance for all services covered by this Agreement in substantially the same time and manner as that which Qwest provides for itself, its End User Customers, its Affiliates , or any other party. Qwest shall provideCLEC repair status information in substantially the same time and manner as Qwest provides for its retail services. 12.During the term of this Agreement, Qwest will provide necessary maintenance business process support to allow CLEC to provide similar service quality to that provided by Qwest to itself, its End User Customers, its Affiliates, or any other party. 12.Qwest will perform repair service that is substantially the same timeliness and quality to that which it provides to itself, its End User Customers, its Affiliates , or any other party. Trouble calls from CLEC shall receive response time priority that is substantially the same as that provided to Qwest, its End User Customers its Affiliates, or any other party and shall be handled in a nondiscriminatory manner. 12.2 Branding 12.Qwest shall use unbranded Maintenance and Repair forms while interfacing with CLEC End User Customers. Upon request, Qwest shall use CLEC provided and branded Maintenance and Repair forms. Qwest may not unreasonably interfere with branding by CLEC. 12.Except as specifically permitted by CLEC, in no event shall Qwest provide information to CLEC subscribers about CLEC or CLEC product or services. 12.This section shall confer on Qwest no rights to the service marks trademarks and trade names owned by or used in connection with services offered by CLEC or its Affiliates, except as expressly permitted by CLEC. Page 277 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 12.3 Service Interruptions 12.The characteristics and methods of operation of any circuits, facilities or equipment of either Party connected with the services, facilities or equipment of the other Party pursuant to this Agreement shall not: 1) interfere with or impair service over any facilities of the other Party, its affiliated companies , or its connecting and concurring Carriers involved in its services; 2) cause damage to the plant of the other Party, its affiliated companies, or its connecting concurring Carriers involved in its services; violate any Applicable Law or regulation regarding the invasion of privacy of any communications carried over the Party facilities; or 4) create hazards to the employees of either Party or to the public. Each of these requirements is hereinafter referred to as an "Impairment of Service 12.If it is confirmed that either Party is causing an Impairment of Service, as set forth in this Section , the Party whose network or service is being impaired (the Impaired Party) shall promptly notify the Party causing the Impairment of Service (the Impairing Party) of the nature and location of the problem. The Impaired Party shall advise the Impairing Party that, unless promptly rectified , a temporary discontinuance of the use of any circuit, facility or equipment may be required. The Impairing Party and the Impaired Party agree to work together to attempt to promptly resolve the Impairment of Service. If the Impairing Party is unable to promptly remedy the Impairment of Service , the Impaired Party may temporarily discontinue use of the affected circuit facility or equipment. 12.If it is confirmed that either Party is causing an Impairment of Service, as set forth in this Section, the Party whose network or service is being impaired (the Impaired Party) shall promptly notify the Party causing the Impairment of Service (the Impairing Party) of the nature and location of the problem. The Impairing Party and the Impaired Party agree to work together to attempt to promptly resolve the Impairment of Service. 12.To facilitate trouble reporting and to coordinate the repair of the service provided by each Party to the other under this Agreement, each Party shall designate a repair center for such service. 12.3.4 Each Party shall furnish a trouble reporting telephone number for the designated repair center. This number shall give access to the location where records are normally located and where current status reports on any trouble reports are readily available. If necessary, alternative out-of-hours procedures shall be established ensure access to a location that is staffed and has the authority to initiate corrective action. 12.Before either Party reports a trouble condition, it shall use its best efforts to isolate the trouble to the other s facilities. 12.In cases where a trouble condition affects a significant portion of the other s service, the Parties shall assign the same priority provided to CLEC as itself, its End User Customers, its Affiliates, or any other party. 12.The Parties shall cooperate in isolating trouble conditions. Page 278 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 12.4 Trouble Isolation 12.3.4.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 UserCustomers. CLEC will perform trouble isolation on services it provides to its End User Customers to the extent the capability to perform such trouble isolation is available to CLEC, prior to reporting trouble to Qwest. CLEC shall have access for testing purposes at the Demarcation Point, NID, or Point of Interface. Qwest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Qwest's network. Qwest and CLEC will report trouble isolation test results to the other. Each Party shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4. 12.3.4.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 Demarcation Point. If the trouble is on the End User Customer side of the Demarcation Point, and the CLEC authorizes Qwest to repair trouble on CLEC's behalf, Qwest will charge CLEC the appropriate Additional Labor Charge set forth in Exhibit A in addition to the Maintenance of Service charge. 12.3.4.When CLEC elects not to perform trouble isolation and Qwest performs tests at CLEC request, a Maintenance of Service Charge shall apply if the trouble is not in Qwest's facilities , including Qwest's facilities leased by CLEC. Maintenance of Service charges are set forth in Exhibit A. When trouble is found on Qwest's side of the Demarcation Point, or Point of Interface during the investigation of the initial or repeat trouble report for the same line or circuit within thirty (30) Days , Maintenance of Service charges shall not apply. 12.5 Inside Wire Maintenance Except where specifically required by state or federal regulatory mandates Qwest will not perform any maintenance of inside wire (premises wiring beyond the End User Customer Demarcation Point) for CLEC or its End User Customers. 12.6 TestinglTest Requests/Coordinated Testing/UNEs 12.Where CLEC does not have the ability to diagnose and isolate trouble on a Qwest line , circuit, or service provided in this Agreement that CLEC is utilizing to serve an End User Customer, Qwest will conduct testing, to the extent testing capabilities are available to Qwest, to diagnose and isolate a trouble in substantially the same time and manner that Qwest provides for itself, its End User Customers, its Affiliates, or any other party. 12.Prior to Qwest conducting a test on a line, circuit, or service provided in this Agreement that CLEC is utilizing to serve an End User Customer, Qwest must receive a trouble report from CLEC. 12.On manually reported trouble for non-designed services, Qwest will provide readily available test results to CLEC or test results to CLEC in accordance with any applicable Commission rule for providing test results to End User Customers or CLECs. On manually reported trouble for designed services provided in this Agreement Page 279 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold...!!n!!u!ine (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) Qwest will provide CLEC test results upon request. For electronically reported trouble Qwest will provide CLEC with the ability to obtain basic test results in substantially the same time and manner that Qwest provides for itself, its End User Customers, its Affiliates, or any other party. 12.6.4 CLEC shall isolate the trouble condition to Qwest's portion of the line circuit, or service provided in this Agreement before Qwest accepts a trouble report for that line, circuit or service. Once Qwest accepts the trouble report from CLEC, Qwest shall process the trouble report in substantially the same time and manner as Qwest does for itself, its End User Customers, its Affiliates, or any other party. 12.Qwest shall test to ensure electrical continuity of all UNEs, including Central Office Demarcation Point, and services it provides to CLEC prior to closing a trouble report. 12.7 Work Center Interfaces 12.Qwest and CLEC shall work cooperatively to develop positive, close working relationships among corresponding work centers involved in the trouble resolution processes. 12.8 Misdirected Repair Calls 12.CLEC and Qwest will employ the following procedures for handling misdirected repair calls: 12.CLEC and Qwest will provide their respective End User Customers with the correct telephone numbers to call for access to their respective repair bureaus. 12.End User Customers of CLEC shall be instructed to report all cases of trouble to CLEC. End User Customers of Qwest shall be instructed to report all cases of trouble to Qwest. 12.To the extent the correct provider can be determined misdirected repair calls will be referred to the proper provider of Basic Exchange Telecommunications 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. 12.1.4 CLEC and Qwest will provide their respective repair contact numbers to one another on a reciprocal basis. 12.In responding to repair calls, CLEC's End User Customers contacting Qwest in error will be instructed to contact CLEC; and Qwest's End User Customers contacting CLEC in error will be instructed to contact Qwest. 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 Page 280 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 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. (See Washington SGAT for state-specific Section 12.5 J 12.9 Major Outages/Restoral/Notification 12.Qwest will notify CLEC of major network outages in substantially the same time and manner as it provides itself, its End User Customers , its Affiliates, or any other party. This notification will be via e-mail to CLEC's identified contact. With the minor exception of certain Proprietary Information such as Customer information , Qwest will utilize the same thresholds and processes for external notification as it does for internal purposes. This major outage information will be sent via e-mail on the same schedule as is provided internally within Qwest. The email notification schedule shall consist of initial report of abnormal condition and estimated restoration time/date abnormal condition updates, and final disposition. Service restoration will be non- discriminatory, and will be accomplished as quickly as possible according to Qwest and/or industry standards. 12.Qwest will meet with associated personnel from CLEC to share contact information and review Qwest's outage restoral processes and notification processes. 12.Qwest's emergency restoration process operates on a 7X24 basis. 12.Protective Maintenance 12.10.Qwest will perform scheduled maintenance of substantially the same type and quality to that which it provides to itself, its End User Customers, its Affiliates, or any other party. 12.10.Qwest will work cooperatively with CLEC to develop industry-wide processes to provide as much notice as possible to CLEC of pending maintenance activity. Qwest shall provide notice of potentially CLEC Customer impacting maintenance activity, to the extent Qwest can determine such impact, and negotiate mutually agreeable dates with CLEC in substantially the same time and manner as it does for itself, its End User Customers, its Affiliates, or any other party. 12.10.Qwest shall advise CLEC of non-scheduled maintenance testing, monitoring, and surveillance activity to be performed by Qwest on any services, including, to the extent Qwest can determine, any hardware , equipment, software, or system providing service functionality which may potentially impact CLEC and/or CLEC End User Customers. Qwest shall provide the maximum advance notice of such non- scheduled maintenance and testing activity possible , under the circumstances; provided however, that Qwest shall provide emergency maintenance as promptly as possible to maintain or restore service and shall advise CLEC promptly of any such actions it takes. 12.Hours of Coverage 12.11.Qwest's repair operation is seven (7) Days a week , twenty-four (24) hours a day. Not all functions or locations are covered with scheduled employees on a 7X24 basis. Where such 7X24 coverage is not available , Qwest's repair operations center Page 281 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) (always available 7X24) can call-out technicians or other personnel required for the identified situation. 12.Escalations 12.12.Qwest will provide trouble escalation procedures to CLEC. Such procedures will be substantially the same type and quality as Qwest employs for itself its End User Customers, its Affiliates, or any other party. Qwest escalations are manual processes. 12.12.Qwest repair escalations may be initiated by either calling the trouble reporting center or through the electronic interfaces. Escalations sequence through five tiers: tester, duty supervisor, manager, director, vice president. The first escalation pointis the tester. CLEC may request escalation to higher tiers in its sole discretion. Escalations status is available through telephone and the electronic interfaces. 12.12.Qwest shall handle chronic troubles on non-designed services, which are those greater than three (3) troubles in a rolling thirty (30) Day period, pursuant to Section 12. 12.Dispatch 12.13.Qwest will provide maintenance dispatch personnel in substantially the same time and manner as it provides for itself, its End User Customers, its Affiliates, or any other party. 12.13.Upon the receipt of a trouble report from CLEC, Qwest will follow internal processes and industry standards , to resolve the repair condition. Qwest will dispatch repair personnel on occasion to repair the condition. It will be Qwest's decision whether or not to send a technician out on a dispatch. Qwest reserves the right to make this dispatch decision based on the best information available to it in the trouble resolution process. It is not always necessary to dispatch to resolve trouble; should CLEC require a dispatch when Qwest believes the dispatch is not necessary, appropriate charges will be billed by Qwest to CLEC for those dispatch-related costs in accordance with Exhibit A if Qwest can demonstrate that the dispatch was in fact unnecessary to the clearance of trouble or the trouble is identified to be caused by CLEC facilities or equipment. 12.13.For POTS lines and designed service circuits, Qwest is responsible for all Maintenance and Repair of the line or circuit and will make the determination to dispatch to locations other than the CLEC Customer premises without prior CLEC authorization.For dispatch to the CLEC Customer premises Qwest shall obtain prior CLEC authorization with the exception of major outage restoration, cable rearrangements, and MTE terminal maintenance/replacement. 12.Electronic Reporting 12.14.CLEC may submit Trouble Reports through the Electronic Bonding or GUI interfaces provided by Qwest. 12.14.The status of manually reported trouble may be accessed by CLEC through electronic interfaces. Page 282 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~erline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 12.ntervals/Parity 12.15.Similar trouble conditions, whether reported on behalf of Qwest End User Customers or on behalf of CLEC End User Customers, will receive commitment intervals in substantially the same time and manner as Qwest provides for itself, its End User Customers, its Affiliates, or any other party. 12.Jeopardy Management 12.16.Qwest will notify CLEC , in substantially the same time and manner as Qwest provides this information to itself, its End User Customers, its Affiliates, or anyother party, that a trouble report commitment (appointment or interval) has been or is likely to be missed. At CLEC option , notification may be sent by email or fax through the electronic interface. CLEC may telephone Qwest repair center or use the electronic interfaces to obtain jeopardy status. 12.Trouble Screening 12.17.CLEC shall screen and test its End User Customer trouble reports completely enough to insure , to the extent possible, that it sends to Qwest only trouble reports that involve Qwest facilities. For services and facilities where the capability to test all or portions of the Qwest network service or facility rest with Qwest, Qwest willmake such capability available to CLEC to perform appropriate trouble isolation and screening. 12.17.Qwest will cooperate with CLEC to show CLEC how Qwest screens trouble conditions in its own centers, so that CLEC may employ similar techniques in its centers. 12.Maintenance Standards 12.18.Qwest will cooperate with CLEC to meet the maintenance standards outlined in this Agreement. 12.18.On manually reported trouble, Qwest will inform CLEC of repair completion in substantially the same time and manner as Qwest provides to itself, its End User Customers, its Affiliates, or any other party. On electronically reported trouble reports the electronic system will automatically update status information , including trouble completion, across the joint electronic gateway as the status changes. 12.End User Customer Interface Responsibilities 12.19.CLEC will be responsible for all interactions with its End User Customers including service call handling and notifying its End User Customers of trouble status and resolution. 12.19.All Qwest employees who perform repair service for CLEC End User Customers will be trained in non-discriminatory behavior. 12.19.Qwest will recognize the designated CLEC/DLEC as the Customer of record for all services ordered by CLEC/DLEC and will send all notices, invoices and Page 283 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) pertinent information directly to CLEC/DLEC. Except as otherwise specifically provided in this Agreement, Customer of record shall be Qwest's single and sole point of contact for all CLEC/DLEC Customers. 12.Repair Call Handling 12.20.Manually-reported repair calls by CLEC to Qwest will be answered with the same quality and speed as Qwest answers calls from its own End User Customers. 12.Single Point of Contact 12.21.Qwest will provide a single point of contact for CLEC to report maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a day. A single 7X24 trouble reporting telephone number will be provided to CLEC for each category of trouble situation being encountered. 12.Network Information 12.22.Qwest maintains an information database, available to CLEC for the purpose of allowing CLEC to obtain information about Qwest's NPAs, LATAs , Access Tandems and Central Offices. 12.22.This database is known as the ICONN database, available to CLEC via Qwest's Web site. 12.22. database. CPNI information and NXX activity reports are also included in this 12.22.4 ICONN data is updated in substantially the same time and manner as Qwest updates the same data for itself, its End User Customers, its Affiliates, or any other party. 12.Mai ntenance Wi ndows 12.23.Generally, Qwest performs major Switch maintenance activities off-hours, during certain "maintenance windows Major Switch maintenance activities include Switch conversions, Switch generic upgrades and Switch equipment additions. 12.23.Generally, the maintenance window is between 10:00 p.m. through 6:00am Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a. Mountain Time. Although Qwest normally does major Switch maintenance during the above maintenance window, there will be occasions where this will not be possible. Qwest will provide notification of any and all maintenance activities that may impact CLEC ordering practices such as embargoes , moratoriums, and quiet periods substantially the same time and manner as Qwest provides this information to itself, its End User Customers, its Affiliates, or any other party. 12.23.Reserved for Future Use. 12.23.4 Planned generic upgrades to Qwest Switches are included in the ICONN database, available to CLEC via Qwest's Web site. Page 284 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~erline (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 12.Switch and Frame Conversion Service Order Practices 12.24.Switch Conversions. Switch conversion activity generally consists of the removal of one Switch and its replacement with another. Generic Switch software or hardware upgrades, the addition of Switch line and trunk connection hardware and the addition of capacity to a Switch do not constitute Switch conversions. 12.24.Frame Conversions. Frame conversions are generally the removal and replacement of one or more frames, upon which the Switch Ports terminate. 12.24.Conversion Date. The "Conversion Date" is a Switch or frame conversion planned day of cut-over to the replacement frame(s) or Switch. The actual conversion time typically is set for midnight of the Conversion Date. This may cause the actual Conversion Date to migrate into the early hours of the Day after the planned Conversion Date. 12.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the time period that the Switch or frame Trunk Side facility connections are frozen to facilitate conversion from one Switch or frame to another with minimal disruption to the End User Customer or CLEC services. During the embargo period, Qwest will reject orders for Trunk Side facilities (see Section 12.24.4.1) other than conversion orders described in Section 12.24.4.3. Notwithstanding the foregoing and to the extent Qwest provisions trunk or trunk facility related service orders for itself, its End User Customers its Affiliates, or any other party during embargoes, Qwest shall provide CLEC the same capabilities. 12.24.4.ASRs for Switch or frame Trunk Side facility augments to capacity or changes to Switch or frame Trunk Side facilities must be issued by CLEC with a Due Date prior to or after the appropriate embargo interval as identified in the ICONN database. Qwest shall reject Switch or frame Trunk Side ASRs to augment capacity or change facilities issued by CLEC or Qwest, its End User Customers, its Affiliates or any other party during the embargo period regardless of the order s Due Date except for conversion ASRs described in Section 12.24.4. 12.24.4.For Switch and Trunk Side frame conversions Qwest shall provide CLEC with conversion trunk group service requests (TGSR) no less than ninety (90) Days before the Conversion Date. 12.24.4.For Switch and Trunk Side frame conversions, CLEC shall issue facility conversion ASRs to Qwest no later than thirty (30) Days before the Conversion Date for like-for-like, where CLEC mirrors their existing circuit design from the old Switch or frame to the new Switch or frame, and sixty (60) Days before the Conversion Date for addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS). 12.24.Frame Embargo Period. During frame conversions , service orders and ASRs shall be subject to an embargo period for services and facilities connected to the affected frame. For conversion of trunks where CLEC mirrors their existing circuit design from the old frame to the new frame on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after Page 285 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ine (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) the Conversion Date. If CLEC requests the addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS) to the new frame, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period Qwest shall identify the particular dates and locations for frame conversion embargo periods in its ICONN database in substantially the same time and manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party. 12.24.Switch Embargo Period. During Switch conversions , service orders and ASRs shall be subject to an embargo period for services and facilities associated with the Trunk Side of the Switch. For conversion of trunks where CLEC mirrors their existing circuit design from the old Switch to the new Switch on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or modification of circuit characteristics to the new Switch new facility ASRs shall be placed , and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period Qwest shall identify the particular dates and locations for Switch conversion embargo periods in its ICONN database in substantially the same time and manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party. 12.24.Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame conversion quiet periods are the time period within which LSRs may not contain Due Dates, with the exception of LSRs that result in disconnect orders, including those related to LNP orders, record orders, Billing change orders for non-switched products and emergency orders. 12.24.LSRs of any kind issued during Switch or frame conversion quiet periods create the potential for loss of End User Customer service due to manual operational processes caused by the Switch or frame conversion. LSRs of any kind issued during the Switch or frame conversion quiet periods will be handled as set forth below, with the understanding that Qwest shall use its best efforts to avoid the loss of End User Customer service. Such best efforts shall be substantially the same time and manner as Qwest uses for itself, its End User Customers , its Affiliates, or any other party. 12.24.The quiet period for Switch conversions, where no LSRs except those requesting order activity described in 12.24.7 are processed for the affected location, extends from five (5) Days prior to conversion until two (2) Days after the conversion and is identified in the ICONN database. 12.24.The quiet period for frame conversions, where no LSRs except those requesting order activity described in 12.24.7 are processed or the affected location , extends from five (5) Days prior to conversion until two (2) Days after the conversion. 12.24.7.4 LSRs , except those requesting order activity described 12.24., (i) must be issued with a Due Date prior to or after the conversion quiet period and (ii) may not be issued during the quiet period. LSRs that do not meet these requirements will be rejected by Qwest. Page 286 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 12 Access to Operational Support Systems (OSS) 12.24.LSRs requesting disconnect activity issued during the quiet period, regardless of requested Due Date, will be processed after the quiet period expires. 12.24.CLEC may request a Due Date change to a LNP related disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change. Such changes shall be handled as emergency orders by Qwest. 12.24.CLEC may request a Due Date change to a LNP related disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change and contacting the Interconnect Service Center. Such changes shall be handled as emergency orders by Qwest. 12.24.In the event that CLEC End User Customer service disconnected in error, Qwest will restore service in substantially the same time and manner as Qwest does for itself, its End User Customers, its Affiliates, orany other party. Restoration of CLEC End User Customer service will be handled through the LNP escalations process. 12.24.Switch Upgrades. Generic Switch software and hardware upgrades are not subject to the Switch conversion embargoes or quiet periods described above. such generic Switch or software upgrades require significant activity related to translations, an abbreviated embargo and/or quiet period may be required. Qwest shall implement service order embargoes and/or quiet periods during Switch upgrades in substantially the same time and manner as Qwest does for itself its End User Customers, its Affiliates , and any other party. 12.24.Switch Line and Trunk Hardware Additions. Qwest shall use its best efforts to minimize CLEC service order impacts due to hardware additions and modifications to Qwest's existing Switches. Qwest shall provide CLEC substantially the same service order processing capabilities as Qwest provides itself, its End User Customers , Affiliates, or any other party during such Switch hardware additions. Page 287 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 13 Access to Telephone Numbers Section 13.0 - ACCESS TO TELEPHONE NUMBERS 13.Nothing in this Agreement shall be construed in any manner to limit or otherwise adversely impact either Party s right to request an assignment of any NANP number resources including, but not limited to, Central Office (NXX) Codes pursuant to the Central Office Code Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or Commission Order. The latest version of the Guidelines will be considered the current standard. 13.North American Numbering Plan Administration (NANPA) has transitioned to NeuStar. Both Parties agree to comply with industry guidelines and Commission rules, including those sections requiring the accurate reporting of data to the NANPA. 13.It shall be the responsibility of each Party to program and update its own switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and route traffic to the other Party s assigned NXX or NXX-X codes. Neither Party shall impose any feesor charges on the other Party for such activities. The Parties will cooperate to establish procedures to ensure the timely activation of NXX assignments in their respective networks. 13.4 Each Party is responsible for administering numbering resources assigned to it. Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party is responsible for updating the LERG data for NXX codes assigned to its switches. Each Party shall use the LERG published by Telcordia or its successor for obtaining routing information and shall provide through an authorized LERG input agent, all required information regarding its network for maintaining the LERG in a timely manner. 13.Each Party shall be responsible for notifying its End Users of any changes in numbering or dialing arrangements to include changes such as the introduction of new NPAs. Page 288 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 14 Local Dialing Parity Section 14.0 LOCAL DIALING PARITY 14.The Parties shall provide local Dialing Parity to each other as required under Section 251 (b)(3) of the Act. Qwest will provide local Dialing Parity to competing providers of Telephone Exchange Service and telephone toll service, and will permit all such providers to have non-discriminatory access to telephone numbers, operator services, Directory Assistance and Directory Listings , with no unreasonable dialing delays. CLEC may elect to route all of its End User Customers' calls in the same manner as Qwest routes its End User Customers' calls for a given call type (e., 0 , 0+, 1+, 411), or CLEC may elect to custom route its End User Customers' calls differently than Qwest routes its End User Customer s calls. Additional termsand conditions with respect to customized routing are described in Section 9.12 of thisAgreement. Customized routing may be ordered as an application with resale or unbundled local switching. Page 289 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 15 Qwest Dex Section 15.0 - Qwest Dex 15.Qwest and CLEC agree that certain issues outside the provision of basic white page Directory Listings, such as yellow pages advertising, yellow pages listings, directory coverageaccess to call guide pages (phone service pages), applicable listings criteria , white page enhancements and publication schedules will be the subject of negotiations between CLEC and directory publishers, including Qwest Dex. Qwest acknowledges that CLEC may request Qwest to facilitate discussions between CLEC and Qwest Dex. Page 290 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owes!).Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 16 Referral Announcement Section 16.0 - REFERRAL ANNOUNCEMENT 16.When an End User Customer changes from Qwest to CLEC , or from CLEC to Qwest, and does not retain its original main/listed telephone number, the Party formerly providing service to the End User Customer will provide a transfer of service announcement the abandoned telephone number. Each Party will provide this referral service consistent with its tariff. This announcement will provide details on the new number that must be dialed to reach the End User Customer. Page 291 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~ne (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 17 Bona Fide Request Process Section 17.BONA FIDE REQUEST PROCESS 17.Any request for Interconnection or access to an Unbundled Network Element or ancillary service that is not already available as described in other sections of this Agreement including but not limited to Exhibit F or any other interconnection agreement, Tariff or otherwise defined by Qwest as a product or service shall be treated as a Bona Fide Request (BFR). Qwest shall use the BFR Process to determine the terms and timetable for providing the requested Interconnection, access to UNEs or ancillary services, and the technical feasibility of new/different points of Interconnection. Qwest will administer the BFR Process in a non- discriminatory manner. 17.A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs. CLEC and Qwest may work together to prepare the BFR form and either Party may request that such coordination be handled on an expedited basis. This form shall be accompanied by the processing fee specified in Exhibit A of this Agreement. Qwest will refund one-half (1/2) of the processing fee if the BFR is cancelled within ten (10) business days of the receipt of the BFR form. The form will request, and CLEC will need to provide, the following information, and may also provide any additional information that may be reasonably necessary in describing and analyzing CLEC's request: 17.technical description of each requested Network Element or new/different points of Interconnection or ancillary services; 17.the desired interface specification; 17.each requested type of Interconnection or access; 17.2.4 a statement that the Interconnection or Network Element or ancillary service will be used to provide a Telecommunications Service; 17.the quantity requested; 17.the specific location requested; 17. 17. ntentionally Left Blank; and ntentionally Left Blank. 17.Within two (2) business days of its receipt, Qwest shall acknowledge receipt of the BFR and in such acknowledgment advise CLEC of missing information , if any, necessary to process the BFR. Thereafter, Qwest shall promptly advise CLEC of the need for any additional information required to complete the analysis of the BFR. If requested, either orally or in writing, Qwest will provide weekly updates on the status of the BFR.17.4 Within twenty-one (21) calendar Days of its receipt of the BFR and all information necessary to process it , Qwest shall provide to CLEC an analysis of the BFR. The analysis shall specify Qwest's conclusions as to whether or not the requested Interconnection or access to an Unbundled Network Element complies with the unbundling requirements of the Act state law. 17.If Qwest determines during the twenty-one (21) Day period that a BFR does not Page 292 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 17 Bona Fide Request Process qualify as an Unbundled Network Element or Interconnection or ancillary service that is required to be provided under the Act or state law, Qwest shall advise CLEC as soon as reasonably possible of that fact, and Qwest shall promptly, but in no case later than the twenty-one (21) Day period, provide a written report setting forth the basis for its conclusion. 17.If Qwest determines during such twenty-one (21) Day period that the BFR qualifies under the Act or state law, it shall notify CLEC in writing of such determination within ten (10) calendar Days , but in no case later than the end of such twenty-one (21) Day period. , 17.As soon as feasible, but in any case within forty-five (45) calendar Days after Qwest notifies CLEC that the BFR qualifies under the Act, Qwest shall provide to CLEC a BFR quote. The BFR quote will include, at a minimum , a description of each Interconnection Network Element, and ancillary service, the quantity to be provided, any interface specificationsand the applicable rates (recurring and nonrecurring) including the separately stated development costs and construction charges of the Interconnection, Unbundled Network Element or ancillary service and any minimum volume and term commitments required , and the timeframes the request will be provisioned. 17.A CLEC has sixty (60) business days upon receipt of the BFR quote, to either agree to purchase under the quoted price, or cancel its BFR. 17.If CLEC has agreed to minimum volume and term commitments under the preceding paragraph , CLEC may cancel the BFR or volume and term commitment at any time but may be subject to termination liability assessment or minimum period charges. 17.10 If either Party believes that the other Party is not requesting, negotiating or processing any BFR in good faith , or disputes a determination or quoted price or cost, it may invoke the Dispute Resolution provision of this Agreement. 17.11 All time intervals within which a response is required from one Party to another under this Section are maximum time intervals. Each Party agrees that it will provide all responses to the other Party as soon as the Party has the information and analysis required to respond , even if the time interval stated herein for a response is not over. 17.12 In the event CLEC has submitted a request for Interconnection , Unbundled Network Elements or any combinations thereof, or ancillary services and Qwest determines in accordance with the provisions of this Section 17 that the request is Technically Feasible subsequent requests or orders for substantially similar types of Interconnection Unbundled Network Elements or combinations thereof or ancillary services by CLEC shall not be subject to the BFR process. To the extent Qwest has deployed or denied a substantially similar Interconnection Unbundled Network Elements or combinations thereof or ancillary services under a previous BFR, a subsequent BFR shall not be required and the BFR application fee shall be refunded immediately. Qwest may only require CLEC to complete a New Product Questionnaire before ordering such Interconnection, Unbundled Network Elements or combinations thereof, or ancillary services. ICB pricing and intervals will still apply for requests that are not yet standard offerings. For purposes of this Section 17., a "substantially similar request shall be one with substantially similar characteristics to a previous request with respect to the information provided pursuant to Subsections 17.1 through 17.8 of Section 17. above. The burden of proof is upon Qwest to prove the BFR is not substantially similar to a previous BFR. Page 293 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 17 Bona Fide Request Process 17.The total cost charged to CLEC shall not exceed the BFR quoted price. 17.14 Upon request Qwest shall provide CLEC with Qwest's supporting cost data and/or studies for the Interconnection Unbundled Network Element or ancillary service that CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a release from its vendors within seven (7) business days, in which case Qwest will make the data available as soon as Qwest receives the vendor release. Such cost data shall be treated as Confidential Information if requested by Qwest under the non-disclosure sections of this Agreement. 17.15 Qwest will provide notice to CLECs of all BFRs which have been deployed or denied, provided , however, that identifying information such as the name of the requesting CLEC and the location of the request shall be removed. Qwest shall make available a topicallist of the BFRs that it has received with CLECs under this SGA T or an Interconnection Agreement. The description of each item on that list shall be sufficient to allow CLEC to understand the general nature of the product, service, or combination thereof that has been requested and a summary of the disposition of the request as soon as it is made. Qwest shall also be required upon the request of CLEC to provide sufficient details about the terms and conditions of any granted requests to allow CLEC to take the same offering under substantially identical circumstances. Qwest shall not be required to provide information about the request initially made by CLEC whose BFR was granted , but must make available the same kinds of information about what it offered in response to the BFR as it does for other products or services available under this Agreement. CLEC shall be entitled to the same offering terms and conditions made under any granted BFR, provided that Qwest may require the use of ICB pricing where it makes a demonstration to CLEC of the need therefore. Page 294 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 18 Audit Process Section 18.0 - AUDIT PROCESS 18.Nothing in this Section 18 shall limit or expand the Audit provisions in the Performance Assurance Plan ("PAP" ). Nothing in the PAP shall limit or expand the Audit provisions in this Section 18. For purposes of this section the following definitions shall apply: 18.1 "Audit" shall mean the comprehensive review of the books , records, and other documents used in providing services under this Agreement. The term "Audit" also applies to the investigation of company records, back office systems and databases pertaining to Loop information. 18.2 "Examination" shall mean an inquiry into a specific element or process related to the above. Commencing on the Effective Date of this Agreement, either Party may perform Examinations as either Party deems necessary. 18.This Audit shall take place under the following conditions: 18.Either Party may request to perform an Audit or Examination. 18.The Audit or Examination shall occur upon thirty (30) business days written notice by the requesting Party to the non-requesting Party. 18.The Audit or Examination shall occur during normal business hours. However, such Audit will be conducted in a commercially reasonable manner and both Parties will work to minimize disruption to the business operations of the Party being audited. 18.2.4 There shall be no more than two (2) Audits requested by each Party under this Agreement in any twelve (12) month period. Either Party may audit the other Party s books, records and documents more frequently than twice in any twelve (12) month period (but no more than once in each quarter) if the immediately preceding audit found previously uncorrected net variances, inaccuracies or errors in invoices in the audited Party s favor with an aggregate value of at least two percent (2%) of the amounts payable for the affected services during the period covered by the Audit. 18.The requesting Party may review the non-requesting Party s records books and documents, as may reasonably contain information relevant to the operation of this Agreement. 18.The location of the Audit or Examination shall be the location where the requested records , books and documents are retained in the normal course of business. 18.All transactions under this Agreement which are over twenty-four (24) months old will be considered accepted and no longer subject to Audit. The Parties agree to retain records of all transactions under this Agreement for at least twenty-four (24) months. 18.Audit or Examination Expenses 18.Each Party shall bear its own expenses in connection with conduct of the Audit or Examination. The requesting Party will pay for the Page 295 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms ~line (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 18 Audit Process reasonable cost of special data extractions required by the Party to conduct the Audit or Examination. For purposes of this section , a "Special Data Extraction means the creation of an output record or informational report (from existing data files) that is not created in the normal course of business. If any program is developed to the requesting Party s specification and at that Party s expense , the requesting Party will specify at the time of request whether the program is to be retained by the other Party for reuse for any subsequent Audit or Examination. 18.Notwithstanding the foregoing, the non-requesting Party shall pay all of the requesting Party s commercially reasonable expenses in the event an Audit or Examination identifies a difference between the amount billed and the amount determined by the Audit that exceeds five percent (5%) of the amount billed and results in a refund and/or reduction in the Billing to the requesting Party. 18.The Party requesting the Audit may request that an Audit be conducted by a mutually agreed-to independent auditor, which agreement will not be unreasonably withheld or delayed by the non-requesting Party. Under this circumstance, the costs of the independent auditor shall be paid for by the Party requesting the Audit subject to Section 18. 18.10 In the event that the non-requesting Party requests that the Audit be performed by an independent auditor, the Parties shall mutually agree to the selection of the independent auditor. Under this circumstance, the costs of the independent auditor shall be shared equally by the Parties. The portion of this expense borne by the Auditing Party shall be borne by the Audited Party if the terms of Section 18.2 are satisfied. 18.11 Adjustments, credits or payments will be made and any corrective action must commence within thirty (30) Days after the Parties' receipt of the final Audit report to compensate for any errors and omissions which are disclosed by such Audit or Examination and are agreed to by the Parties. The interest rate payable shall be in accordance with Commission requirements. In the event that any of the following circumstances occur within thirty (30) business days after completion of the Audit or Examination, they may be resolved at either Party s election , pursuant to the Dispute Resolution Process; (i) errors detected by the Audit or Examination have not been corrected; (ii) adjustments, credits or payments due as a result of the Audit or Examination have not been made, or (iii) a dispute has arisen concerning the Audit or Examination. 18.12 Neither the right to examine and Audit nor the right to receive adjustment will be affected by any statement to the contrary appearing on checks or otherwise. 18.13 This Section will survive expiration or termination of this Agreement for a period of two (2) years after expiration or termination of the Agreement. 18.All information received or reviewed by the requesting Party or the independent auditor in connection with the Audit is to be considered Proprietary Information as defined by this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non- employee who is involved directly or indirectly in any Audit or the resolution of its findings as described above to execute a nondisclosure agreement satisfactory to the non-requesting Party. Page 296 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 18 Audit Process To the extent an Audit involves access to information of other competitors, CLEC and Qwest will aggregate such competitors' data before release to the other Party, to insure the protection of the proprietary nature of information of other competitors. To the extent a competitor is an Affiliate of the Party being audited (including itself and its subsidiaries), the Parties shall be allowed to examine such Affiliate s disaggregated data , as required by reasonable needs of the Audit. Information provided in an Audit or Examination may only be reviewed by individuals with a need to know such information for purposes of this Section 18 and who are bound by the nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information be shared with the Parties' retail marketing, sales or strategic planning. 18.Either Party may request an Audit of the other s compliance with this Agreement's measures and requirements applicable to limitations on the distribution maintenance, and use of proprietary or other protected information that the requesting Party has provided to the other. Those Audits shall not take place more frequently than once in every three (3) years , unless cause is shown to support a specifically requested Audit that would otherwise violate this frequency restriction. Examinations will not be permitted in connection with investigating or testing such compliance. All those other provisions of this Section 18 that are not inconsistent herewith shall apply, except that in the case of these Audits, the Party to be audited may also request the use of an independent auditor. Page 297 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 19 Construction Charges Section 19.0 - CONSTRUCTION CHARGES 19.All rates , charges and initial service periods specified in this Agreement contemplate the provision of network Interconnection services and access to Unbundled Loops or ancillary services to the extent existing facilities are available. Except for modifications to existing facilities necessary to accommodate Interconnection and access to Unbundled Loops or ancillary services specifically provided for in this Agreement, Qwest will consider requests to build additional or further facilities for network Interconnection and access to Unbundled Loops or ancillary services, as described in the applicable section of this Agreement. Issue No. 22 Level 3 Proposal: 19.1. Nothing in this section 19 shall be construed to in any way affect the Parties' respective obligations to pay each other for any activities or functions under this Agreement. All references in this section 19 to construction charges be construed to refer only to those Level 3 requests for construction that are outside the scope of what is needed to establish interconnection and trunking arrangements and shall have no effect on either Party s financial obligations to the other. Qwest Proposal: 19.All necessary construction will be undertaken at the discretion of Qwest consistent with budgetary responsibilities, consideration for the impact on the general body of End User Customers and without discrimination among the various Carriers. 19.A quote for CLEC's portion of a specific job will be provided to CLEC. The quote will be in writing and will be binding for ninety (90) business days after the issue date. When accepted , CLEC will be billed the quoted price and construction will commence after receipt of payment. If CLEC chooses not to have Qwest construct the facilities, Qwest reserves the right to bill CLEC for the expense incurred for producing the engineered job design.19.4 In the event a construction charge is applicable, CLEC's service Application Date will become the date upon which Qwest receives the required payment. Page 298 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box. Section 20 Service Performance Section 20.0 - SERVICE PERFORMANCE Performance Indicator Definitions (PIDs), in their current form as developed by the Regional Oversight Committee, are included in Exhibit B of this Agreement. Subsequent changes to these PIDs that are made by the Regional Oversight Committee shall be incorporated into Exhibit B by reference. Modifications of PIDs that apply to the Qwest Performance Assurance Plan (QPAP) shall be made in accordance with Section 16.0 of Exhibit K. (See New Mexico SGA for state-specific Section 20. Page 299 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest).Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 21 Network Standards Section 21.0 - NETWORK STANDARDS 21.The Parties recognize that Qwest services and Network Elements have been purchased and deployed, over time, to Telcordia and Qwest technical standards. Specificationof standards is built into the Qwest purchasing process, whereby vendors incorporate such standards into the equipment Qwest purchases. Qwest supplements generally held industry standards with Qwest Technical Publications. 21.The Parties recognize that equipment vendors may manufacture Telecommunications equipment that does not fully incorporate and may differ from industrystandards at varying points in time (due to standards development processes and consensus) and either Party may have such equipment in place within its network. Except where otherwise explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided said equipment does not pose a security, service or safety hazard to Persons or property. 21.Generally accepted and developed industry standards which the Parties agree to support include, but are not limited to: 21.Switching GR-954-CORE LI GR-2863-CORE AIN GR-1428-CORE Toll Free Service GR-1432-CORE TCAP GR-317-CORE Call Control Using Integrated Services Digital User Part (ISDNUP) GR-905-CORE ISUP GR-1357-CORE Switched Fractional DS1 GR-1298-CORE AIN Switching System Generic Requirements GR-1299-CORE AIN Service Control Point Adjunct Interface Generic Requirements TR-NWT-001284 AIN 0.1 Switching System Generic Requirements GR-905-CORE Common Channel Signaling Network Interface Specification GR-1432-CORE CCS Network Interface Specification Telcordia TR-TSY-000540, Issue 2R2 GR-305-CORE GR-1429-CORE Page 300 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold~ne (oDDosed bv Owe st). Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 21 Network Standards GR-2863-CORE FR-64 LATA LSSGR GR-334-CORE Switched Access Service TR-NWT -000335 Voice Grade Special Access Services TR- TSY -000529 Public LSSGR TR-NWT -000505 LSSGR Call Processing FR-NWT-000271 0SSGR TR-NWT-001156 OSSGR Subsystem SR-TSY-001171 System Reliability Analysis 21.Transport Telcordia FR-440 TR-NWT -000499 (TSGR) Transport Systems Generic Requirements GR-820-CORE Generic Transmission Surveillance; DS 1 and DS3 Performance GR-253-CORE Synchronous Optical Network Systems (SONET) TR-NWT -000507 Transmission TR-NWT-000776 NID for ISDN Subscriber Access TR-INS-000342 High Capacity Digital Special Access Service ST-TEC-000051 & 52 Telecommunications Handbooks Volumes 1 & 2 Transmission Engineering ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface, Annex B. 21.Loops TR-NWT -000057 Functional Criteria for Digital Loop Carrier Systems Issue 2 TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital Subscriber Lines GR-253-CORE SONET Common Generic Criteria TR-NWT-000303 Integrated Digital Loop Carrier System Generic Requirements TR-TSY-000673 Operations Interface for an IDLC System Page 301 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bo~ne (oDDose4 bv Owest).Qwest Terms in Bold Italics (opposed by Level ) Otherwise, each company s proposed terms set forth in text box. Section 21 Network Standards GR-303-CORE Issue Integrated Digital Loop Carrier System Generic Requirements TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital Subscriber Lines TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier System and a Local Digital Switch TR-NWT -008 and 303 T A- TSY -000120 Subscriber Premises or Network Ground Wire GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface Requirements TR-NWT-000239 Indoor Telephone Network Interfaces TR-NWT-000937 Generic Requirements for Outdoor and Indoor Building Entrance TR-NWT -000133 Generic Requirements for Network Inside Wiring 21.3.4 Local Number Portability Number Portability Generic Switching and Signaling Requirements for Number Portability, Issue 1., February 12 1996 (Editor- Lucent Technologies, Inc. Generic Requirements for SCP Application and GTT Function for Number Portability, Issue 0., Final Draft, September 4, 1996 (Editor - Ameritech Inc. Generic Operator Services Switching Requirements for Number Portability, Issue , Final Draft, April 12, 1996 (Editor - Nortel); ATIS TRQ No., Technical Requirements for Number Portability Operator Services Switching Systems, April 1999; ATIS TRQ No., Technical Requirements for Number Portability Switching Systems, April 1999; ATIS , TRQ No., Technical Requirements for Number Portability Database and Global Title Translation , April 1999; FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC 96-286; CC Docket 95-116, RM 8535; Released July 2, 1996; FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC Docket 95-116, RM 8535; Released March 11 , 1997. FCC Second Report and Order FCC 97-298; CC Docket 95-116 RM 8535; Released August 18, 1997. Page 302 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in ~ne (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 21 Network Standards21.4 The Parties will cooperate in the development of national standards forInterconnection elements as the competitive environment evolves. Recognizing that there areno current national standards for Interconnection Network Elements, Qwest has developed itsown standards for some Network Elements, including: Qwest Interconnection - Unbundled Loop #77384 Expanded Interconnection and Collocation for Private Line Transport and Switched Access Services - #77386 Unbundled Dedicated Interoffice Transport - #77389 Telecommunications Equipment Installation Guidelines - #77350. 21.Qwest Technical Publications have been developed to support service offerings inform End User Customers and suppliers , and promote engineering consistency anddeployment of developing technologies. Qwest provides all of its Technical Publications at no charge via website: http://www.qwest.com/techpub/. Page 303 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted Level 3 Terms in Bold Und.!dine (oDDosed bv Owest1....Qwest Terms in Bold Italics (opposed byLeveI3.Otherwise, each company s proposed terms set forth in text box. Section 22 Signature Page Section 22.0 - SIGNATURE PAGE By signing below, and in consideration of the mutual promises set forth herein, and other good and valuable consideration , the Parties agree to abide by the terms and conditions set forth in this Interconnection Agreement. Level 3 Communications, LLC Qwest Corporation Signature Signature Name PrintedlTyped Name PrintedlTyped Title Title Date Date Page 304 Level 3 Proposed Interconnection Agreement, Appendix C to Petition for Arbitration Filed May 13, 2005 Where noted, Level 3 Terms in Bold Underline osed b west. Qwest Terms in Bold Italics (opposed by LeveI3.Otherwise, each company s proposed terms set forth in text box.