20050629Response Part I.pdf

Mary S. Hobson (ISB. No. 2142)
Stoel Rives LLP
101 South Capitol Boulevard
Suite 1900
Boise, ill 83702-7705
Tel: [phone]
Fax: [phone]
mshobson~stoe1.com
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Thomas M. Dethlefs
Senior Attorney
Qwest Services Corporation
1801 California Street - 10th Floor
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
Thomas. Deth lefs~qw est. com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF LEVEL 3
COMMUNICATIONS, LLC'S PETITION
FOR ARBITRA TI ON PURSUANT TO
SECTION 252(B) OF THE COMMUNICA-
TIONS ACT OF 1934, AS AMENDED BY
THE TELECOMMUNICATIONS ACT OF
1996, AND THE APPLICABLE STATE
LAWS FOR RATE, TERMS, AND
CONDITIONS OF INTERCONNECTION
WITH QWEST CORPORATION
CASE NO. QWE- T -05-
QWEST CORPORATION'S RESPONSE
TO PETITION FOR ARBITRATION
Qwest Corporation ("Qwest"), by and through its attorneys, hereby responds to the
petition filed by Level 3 Communications, LLC ("Level 3") for arbitration of certain terms
conditions, and prices for interconnection and related arrangements. This response is filed
pursuant to Section 252(b)(3) of the Telecommunications Act of 1996 (the "Act"), 47 U.
9252(b )(3). Qwest respectfully requests that the Idaho Public Utilities Commission
Commission ) resolve each of the issues identified below by ordering Qwest and Level 3
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(hereinafter collectively referred to as "the Parties ) to incorporate Qwest's proposed contract
language into an Interconnection Agreement to be executed by the Parties. Attached as Exhibit
A to this response is an interconnection agreement containing the current language proposed by
Qwest juxtaposed against the current language proposed by Level 3.
INTRODUCTION
This arbitration involves the complex question of intercarrier compensation. There are
two general traffic types to which intercarrier compensation applies. Interexchange (toll) traffic
which is compensated through switched access charges, and local traffic, which may be
compensated either through a "bill and keep" or reciprocal compensation arrangement between
local carriers. Local traffic is telecommunications traffic that originates and terminates in a
geographically-defined area. Under Idaho law "local exchange calling area" is defined as "
geographic area encompassing one (1) or more local communities as described in maps, tariffs
rate schedules, price lists, or other descriptive material filed with the commission by a telephone
corporation, within which area basic local exchange service rates rather than message
telecommunications rates service apply.Idaho Code 62-603 (7). These geographically-
defined areas allow for an end-user customer s unlimited calling within these areas for a flat rate
which--in the case of incumbent local exchange providers-is or was traditionally regulated by
the Commission.
With the introduction of competitive local services, the FCC allowed for intercarrier
compensation for the exchange of local traffic between incumbent local exchange companies
(ILECs) and the new competitive local exchange carriers (CLECs). This provided both ILECs
and CLECs the opportunity to recover the costs associated with interconnection for the exchange
of local traffic through a per minute charge. "Bill and keep," on the other hand, allows for each
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carrier to bill their end-user customer and keep the revenue, therefore eliminating the need for
recording traffic and billing for reciprocal compensation. The concept behind bill and keep is to
recover interconnection costs from the end-user customers of the telecommunications network
rather than from other carriers.
The Commission is very familiar with "interexchange" or toll traffic, which is traffic that
physically originates and terminates in different local calling areas. Toll traffic is ordinarily
measured in minutes of use, and usage-based charges are imposed on the end-user customer by
his selected interexchange carrier ("IXC"
).
The IXC must pay originating access charges to the
originating carrier for the use of its network, and terminating access charges to the terminating
carrier for the use of its network to complete the call.
As described above, the type of traffic, i., whether it is local or toll, is determined by the
geographic location of the end points of the calls. Based on these physical end points, the
telecommunications industry has developed a method of determining the general location (i.
local calling area/EAS area) for intercarrier compensation purposes based on the telephone
numbers of the originating and terminating end users. Telephone numbers are displayed in the
NP A/NXX format (in which the NP A is the area code and the NXX is the central office code).
The central office code is then followed by a four-digit number, which together constitute the
telephone number of the end-user customer s telephone line. Based on this format and the
known geographic local calling area/EAS boundaries, a call may be determined to be either local
or long distance.
In its petition, Level 3 advocates positions on interconnection (i., the physical
connection between the ILEC telephone network and the CLEC's network) and intercarrier
compensation that are inconsistent with existing law. Level 3's positions demonstrate its real
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goal is to maximize revenue recovery from Qwest rather than from Level 3' s own customers
while at the same time reducing its costs for use of Qwest facilities by changing long-standing
principles of interconnection and intercarrier compensation. Level3's game plan is based
fundamentally on four premises.
First, Level 3 attempts to obtain the use of Qwest's state-wide network for free. It does
this by requesting interconnection at only one point per LATA and then arguing, incorrectly, that
Qwest must bear all of the interconnection costs incurred on its side of the point of
interconnection ("POI"
).
Under Section 252 of the Act, Qwest is entitled to just and reasonable
compensation for the interconnection it provides. This is true regardless of where the
interconnection costs are incurred. Nevertheless, by an artifice, Level 3 asks the Commission to
impose all of the interconnection costs on Qwest.
Second, Level 3 creates a one-way traffic flow from Qwest's network to Level3'
network by focusing almost exclusively on serving Internet Service Providers ("ISPs
).
Under
the Act, Level 3 is entitled to interconnect for the purpose of offering "telecommunications
services." However, under FCC Rule 51.100, Level 3 may also offer information services over
Section 252( c) interconnection facilities, but only "so long as it is offering telecommunications
services over the same arrangement as well." Level 3 stretches this rule beyond its limit. As a
result, the traffic flow over the interconnection facilities between Level 3and Qwest is, and will
continue to be, almost exclusively one-way--from customers of ISPs on Qwest's network to the
ISPs on Level 3' s network.
Third, Level 3 games the North American Numbering Plan by assigning telephone
numbers (NP A/NXX) for local calling areas in which the ISPs' callers are located to modem
banks of the ISPs located in distant local calling areas. As a result, calls from a customer of the
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ISP to the ISP modem bank appear to be, based on the number dialed, local calls. In fact, they
are interexchange calls that do not fall under the FCC's Enhanced Service Provider (ESP)
exemption. In its petition, Level 3 tries to stretch the ESP exemption to accommodate its
manipulation of the North American Numbering Plan.
Finally, Level 3 advances an intercarrier compensation scheme that exploits both the one-
way traffic flow from ISP traffic and Level 3' s manipulation of the North American Numbering
Plan. Under this scheme, Level 3 contends that Qwest must pay Level 3 for termination of both
the local and nonlocal ISP traffic that it delivers to Level 3, and must also forego the collection
of any compensation that is due to Qwest for use of its network. Level 3 bases its intercarrier
compensation scheme on incorrect readings of the applicable FCC decisions and orders.
It is against this backdrop that Qwest responds to each of the issues raised by Level 3.
its petition, Level 3 purported to describe the issues in dispute, but in most cases inaccurately
characterized the actual disputes in the language, or omitted Qwest's position altogether. In the
remainder of this response, Qwest states what it believes the real issues to be, repeats Level 3'
description of the issue and then provides Qwest's position.
QWEST POSITION ON PARTICULAR ISSUES
TIER
ISSUE NO.
Qwest's Statement of the Issue: Whether Qwest is entitled to be compensated by Level
3 for costs incurred by Qwest to provide the use of its network in offering the
interconnection services Level 3 has ordered?
Level3's Statement of the Issue: Whether Level 3 may exchange traffic at a single
point of interconnection ("SPOI") within a LATA in a manner whereby each party bears
the cost of interconnection on their side of the point of interconnection.
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Qwest's Position:
This issue is not about single point of interconnection ("SPOI") within the LATA. This
issue is about paying for the use of Qwest's network. Under the Act, Qwest has a duty to
provide interconnection with its local exchange network "on rates, terms and conditions that are
just, reasonable, and nondiscriminatory" and in accordance with the requirements of Section 252
of the Act. 1 Section 252 of the Act in turn provides that determinations by a state commission of
the just and reasonable rate for the interconnection shall be "based on the cost.. .ofproviding the
interconnection
" "
nondiscriminatory" and "may include a reasonable profit.,,2 As the FCC has
recognized, these provisions make clear that CLECs must compensate incumbent LECs for the
costs incumbent LECs incur to provide interconnection.
In this case, Level 3 has requested interconnection at a single point in each LATA. That
may not be technically feasible in some circumstances. However, what is really in dispute is
who bears the costs of the interconnection Level 3 has requested. Qwest contends that Level 3 is
responsible for compensating Qwest for the interconnection costs that Qwest incurs to honor
Level3's request. This is true even when costs are incurred on Qwest's side of the point of
interconnection.
The courts are in agreement with Qwest's position. In US WEST Communications, Inc.
v. Jennings for example, the Ninth Circuit expressly noted that "to the extent that AT&T'
desired interconnection points prove more expensive to U S WEST, we agree that the (Arizona
47 V.C. ~251(c)(2)(D).
47 V.C. ~252(d)(1)
See Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, ~~209, 11
FCC Rec. 15499 (August 8, 1996), aff'd in part and rev d in part, Iowa Uti/so Bd. V. FCC 525 V.S. 1133
(1999)(the Local Competition Order
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Corporation Commission) should consider shifting costs to AT&T.,,4 Similarly, inMCI
Telecommunications Corporation v. Bell Atlantic-Pennsylvania, the Third Circuit Court of
Appeals noted that while Worldcom was entitled to choose interconnection at a single point per
LA T A
, "
to the extent. . that W orldcom' s decision on interconnection points may prove more
expensive to Verizon, the PUC should consider shifting costs to Worldcom.,,5 Ironically, Level
3 cites both of these cases to support its request for a single point of interconnection but then
fails entirely to mention that both cases would require Level 3 to compensate Qwest for the costs
that Qwest incurs to provide interconnection.
In an attempt to avoid its obligation to compensate Qwest for interconnection costs
Qwest incurs, Level 3 erroneously relies upon Section 51.703(b) of the FCC's interconnection
rules. Section 51. 703(b) provides that "a LEC may not assess charges on any other
telecommunications carrier for telecommunications traffic that originates on the LEC'
network." 47 C.R. 951.703(b)(emphasis added). Section 51.703(b) is not applicable here
however, because the term "telecommunications traffic" has been defined by the FCC to exclude
information access traffic " 47 C.R. 951.701(b)(I). In its ISP Remand Order the FCC
determined that ISP-bound traffic (defined to be traffic destined for the Internet where the ISP
server is located in the same local calling area as the originating caller) is information access
traffic. 6
For the same reason, none of the decisions applying Section 51.703(b) that Level 3 relies
upon are on point.7 The
Virginia Arbitration Order simply did not address whether ISP-bound
304 F.3d 950 961 (9th Cir. 2002).
271 F.3d 491 518 (3rd Cir. 2003).
In re Implementation of Local Competition Provisions in Telecommunications Act of 1996, 16, F.
9151 9170 (2001).
Level 3 Petition, pp. 17-19.
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traffic was included within the definition of "telecommunications traffic" for purposes of Section
51. 703(b). 8 Qwest v. Universal Telecom is not pertinent because it involved interpretation of an
interconnection agreement entered into before Section 51. 703(b) was amended to exclude
information access.9 And
TSR Wireless is not on point because it involved intraMT A wireless
traffic that falls within the definition of "telecommunications traffic."IO
In short, there is no statutory provision or FCC rule that denies Qwest the right to recover
from Level 3 the costs of interconnection that Qwest incurs to provide the interconnection Level
3 has requested.
ISSUE NO.
Qwest's Statement of the Issue: Whether Level 3 is entitled to commingle switched
access traffic with other types of traffic on local interconnection trunks established under
the Agreement?
Level3's Statement of the Issue: Whether Level 3 may exchange all traffic over the
interconnection trunks established under the Agreement?
Qwest's Position:
Qwest has no obligation to permit Level 3 to commingle switched access traffic with
other types of traffic on the interconnection trunks created under the Agreement. In fact, Qwest
is required to provide interconnection for the exchange of switched access traffic in the same
manner that it provided interconnection for such traffic prior to passage of the Act. Section
251 (g) of the Act specifically provides:
On and after February 8 , 1996, each local exchange carrier, to the extent that it provides
wire line services, shall provide exchange access, information access, and exchange
services for such access to interexchange carriers and information service providers in
In re Petition of AT&T Communications of Virginia, Inc., Pursuant to Section 252(e)(5) of the
Communications Act for Preemption of the Jurisdiction of the Virginia Corporation Commission
Regarding Interconnection 17 FCC Red 27039 (2002).
Qwest v. Universal Telecom 2004 WL 2958421 (Dec. 15 2004).
TSR Wireless, LLC v. US WEST Communications, Inc.15 FCCR 11166 (2000).
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accordance with the same equal access and nondiscriminatory interconnection
restrictions and obligations (including receipt of compensation) that apply to such carrier
on the date immediately preceding February 8, 1996, under any court order, consent
decree, or regulation or policy of the Commission, until such restrictions and obligations
are explicitly superseded by regulations prescribed by the Commission after February 8
1996.
(Emphasis added). As the FCC has stated
, "
(p Jursuant to section 251 (g), LECs must continue to
offer tariffed interstate access services just as they did prior to the enactment of the 1996 ACt.,,11
Qwest has offered to let Level 3 separate its IXC traffic and its local traffic. In the
alternative, Qwest has offered to permit Level 3 to exchange traffic types covered by the
Agreement over the Feature Group D trunks that Qwest has, since times predating 1996, used to
exchange long distance calls with interexchange carriers. Despite Level 3' s predisposition to act
as a terminating interexchange carrier 12 it has rejected purchase of terminating Feature Group
service, thereby facilitating its ability to mask interexchange calls. By contrast, where Qwest
acts as an interexchange carrier, Qwest's interexchange carrier affiliate purchases Feature Group
service from other LECs.
Nothing in the Act or the FCC's regulations give Level 3 the right to mix switched access
traffic with local traffic over the local interconnection trunks established pursuant to section
251(c)(2) of the Act between its network and Qwest's. The Act and the FCC's regulations
interpreting the Act speak to
, "
interconnection at any technically feasible point within the
incumbent LEC's network "13 but this instruction clearly does not apply to interexchange traffic
carried by Level 3. Any other interpretation would obviate Qwest's switched access tariffs and
catalogs and would allow Level 3 to avoid the tracking and measuring of IXC access traffic
Local Competition Order ~1 034.
See for example Level3's proposed text for interconnection agreement section 7.1.2.
47 C.R. ~ 51.305(a)(2).
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offered by Feature Group D trunks. Contrary to Level3's unsupported assertion 14 Section
251 (c )(2) does not give Level 3 the right to choose the manner in which its long distance calls
originate and terminate with other carriers. That is something that is described in Qwest'
switched access tariffs and catalogs, which were unaffected by the Act.
The legally binding practice between Qwest and CLECs is to route all interLA T A
switched access traffic and intraLA T A switched access traffic not carried solely by LECs via
Feature Group services. This is done according to industry-based requirements for procedures to
record and bill access traffic, including the industry guidelines for jointly provided switched
access billing and records exchange processes, so that Qwest can use its systems that were
previously developed to mechanize these processes. Level 3 seeks to combine Level 3 switched
access, local and information access traffic over non-Feature Group interconnection trunks and
by implication, to force Qwest to abandon or materially retrofit its mechanized billing system
records handling procedures and switched access tariffs and catalogs that have been in use by the
telecommunications industry since prior to the Act.
Two important, and highly negative, consequences would result from the Level 3
approach. First, much of the billing and validation work would have to be performed manually
because Qwest does not have a mechanized system to address Level 3' s unique billing request.
In fact, existing Qwest billing systems would declare Level 3's switched access traffic that is
routed over LIS trunks as misrouted, disabling Qwest's ability to bill Level 3 for the traffic.
Second, under Section 51.305(a)(4) of the FCC's interconnection rules, Qwest would be required
to offer the same terms and conditions to other requesting telecommunications carriers, but on a
carrier-specific basis. Needless to say, Level 3 has not offered to pay for any of the costs Qwest
Level 3 Petition, p. 22.
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would incur if forced to abandon or materially change its mechanized billing systems, procedures
and tariffs or catalogs.
To support its position, Level 3 mistakenly relies upon the Virginia Arbitration Order
contend that the FCC has rejected the use of separate trunk groups. However, nowhere in the
order does the FCC determine that separate trunk groups could not be justified. Instead, it
merely noted that Verizon had failed to show the harm that would result without separate trunk
groups. Significantly, Verizon did not assert that AT&T's proposal would disrupt Verizon
billing systems or cause Verizon to incur additional costs to bill access charges. Here, in
contrast, the additional cost and disruption of Qwest's switched access traffic recording, billing
and validation justify either (1) the segregation of traffic onto separate LIS and FGD trunk
groups or (2) the use of Feature Group D trunking as the single trunk group that should support
the full complement of combined terminating traffic types. Virtually all CLECs interconnected
with Qwest have Interconnection Agreements that either provide for the segregation of traffic
onto separate trunk groups or the combining of terminating traffic onto a Feature Group D trunk
group. There is no valid reason to give Level 3 special treatment.
ISSUE NO. 3
Qwest's Statement of Issue: Whether Qwest is required to pay intercarrier
compensation on ISP-bound traffic that does not originate and terminate at physical
locations within the same local calling area ("LCA"
Level3's Statement of Issue: Whether Qwest may exclude ISP-bound traffic from
compensation due under the FCC's ISP Remand Order through contract terms that seek
to create artificial geographic designations of the ISP.
Please note that Qwest has proposed some clarifying language to section 7.3.4.1 of the attached
interconnection agreement (the language covered by Issue 3C in Leve13's matrix).
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Qwest'Position:
Issue No.3 concerns the treatment of so-called "VNXX" traffic. 16 "Virtual NXX" or
VNXX" is a shorthand way of describing the situation wherein a CLEC, such as Level 3
obtains local numbers from the North American Numbering Plan Administrator ("NANP A") in
various parts of a state that are assigned to its ISP customers with no physical presence in the
local calling areas ("LCAs ) associated with those telephone numbers. The traffic directed to
those numbers is routed to one of the "POls" of the CLEC and is then delivered to the CLEC'
ISP customer (at the ISP's "server" or, more accurately, its "modem bank") at a physical location
in another LCA or even in another state. While VNXX issues often come up in the context of
ISP traffic, the concept is not strictly related to ISP traffic. A VNXX arrangement can exist for
voice traffic as well.
The issue of the intercarrier compensation for VNXX traffic (whether ISP or other types
of traffic) has been extensively litigated before many state commissions since about 2001.
However, contrary to Level 3' s contention, the clear majority of state commissions have ruled
that traffic-whether voice traffic or ISP traffic-that does not physically originate and terminate
in the same LCA is not subj ect to reciprocal compensation under existing interconnection
agreements.
Level 3' s fundamental argument is that the FCC, in the ISP Remand Order 17 read in
combination with the Core Forbearance Order 18 has preemptively required that intercarrier
There appears to be an internal inconsistency in Level3's treatment of ISP-bound and VoIP traffic between
(1) sections 7.3.1 and the Level 3 defmition ofVNXX traffic (both of which state that all ISP-bound and
VoIP traffic, without limitation, are subject to reciprocal compensation) and (2) section 7.3.4.1 (which
states that reciprocal compensation is payable for ISP-bound and VoIP traffic only when the telephone
numbers of the called and calling parties are associated with the same LCA). Level3's petition does not
clarify this inconsistency.
Order on Remand In the Matter of Implementation of the Local Competition Provisions in the
Telecommunications Act of 1996 Intercarrier Compensationfor ISP-Bound Traffic 16 FCCR 9151 (2001)
ISP Remand Order
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compensation must be paid on all ISP traffic, including VNXX ISP traffic.19 However, these
orders address compensation only for local ISP traffic 20 where the ISP is physically located in
the same LCA as the customer placing the call. There was no discussion in either order of the
treatment of VNXX traffic.
It is important to place the ISP Remand Order in its proper context. In the late 1990s
when the FCC's ISP traffic docket was initiated, ISP-bound traffic was generally handled in one
of two ways. If the ISP was located outside the end user customer s LCA, the end user would
need to dial a 1 + toll call or an "800" service call to access the modem banks of the ISP. Such
traffic was appropriately characterized as interexchange traffic subject to access or long distance
charges. The other situation involved two LECs competing in the same LCA. In this second
situation, an end user customer of one LEC dialed a local number that allowed it to access an ISP
customer of the second LEC. This was the situation the FCC addressed in its 1999 ISP
Declaratory Order and in its 2001 ISP Remand Order. The FCC concluded that, because of the
one-way nature of such traffic, requiring reciprocal compensation payments on local ISP traffic
was distorting the development of competition in the local markets.
In defining ISP-bound traffic in the ISP Remand Order, the FCC stated that "an ISP'
end-user customers typically access the Internet through an ISP Server located in the same local
Order Petition of Core Communications for Forbearance Under 47 USC 160(c) from the Application
the ISP Remand Order Order FCC 04-241 WC Docket No. 03-171 (reI. October 18 2004) Core
Forbearance Order
Level 3 Petition, pp. 27-28.
It is important to note that the FCC has repeatedly ruled that ISP-bound traffic is interstate in nature
because the ultimate end points of the calls are at websites across the country or in many cases in other
parts of the world. See In the Matter of Implementation of the Local Competition Provisions in the
Telecommunications Act of 1996, Inter-carrier Compensation for ISP-Bound Traffic 14 FCCR 3689 ~~ 1
10-20 (1999) ISP Declaratory Order ); ISP Remand Order ~ 14, 58-62. Nonetheless, for intercarrier
compensation purposes, the relevant end points are the physical location of the calling party and the
physical location of the ISP's servers or modem banks.
ISP Remand Order ~~ 67-76.
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calling area, and that the end users pay the local exchange carrier for connections to the local
ISP.,,22 The FCC specifically identified the issue it was addressing as "whether reciprocal
compensation obligations apply to the delivery of calls from one LEC's end-user customer to an
ISP in the same local calling area that is served by a competing LEC.,,23 Thus, the ISP Remand
Order did not address the situation where a CLEC's ISP customers' servers or modems are
located outside of the LCA of the calling party.
In another portion of the ISP Remand Order the FCC specifically recognized that a
separate category of ISP-bound traffic continued to exist that was, and would remain, subject to
access charges:
Congress preserved the pre-Act regulatory treatment of all the access services
enumerated under Section 251
(g).
These services thus remain subject to
Commission jurisdiction under Section 201 (or, to the extent they are intrastate
services, they remain subject to the jurisdiction of state commissions), whether
those obligations implicate pricing policies as in Comptel or reciprocal
compensation. This analysis properly applies to the access services that
incumbent LECs provide (either individually or jointly with other local carriers)
to connect subscribers with ISPs for Internet-bound traffic.
In recognizing the existence of such non-local ISP traffic, and providing that it did not fall under
its interim regime, it is clear that the FCC did not intend its order to address anYthing other than
local ISP traffic.
Id. ~ 10.
Id. ~ 13 (emphasis added). That the FCC recognized that it was dealing only with "local" traffic is also
clear from paragraph 12: "The 1996 Act set standards for the introduction of competition into the market
for local telephone service including requirements for interconnection of competing telecommunications
carriers. As a result of interconnection and growing local competition more than one LEC may be
involved in the delivery of telecommunications within a local service area. Section 251 (b)( 5) of the Act
addresses the need for LECs to agree to terms for the mutual exchange of traffic over their interconnecting
networks. It specifically provides that LECs have the duty to "establish reciprocal compensation
arrangement for the transport and termination of telecommunications." The Commission determined, in the
Local Competition Order that section 251(b)(5) reciprocal compensation obligations "apply only to traffic
that originates and terminates within a local area as derIDed by the state commissions.Id. ~ 12
(emphasis added).
Id. ~ 39 (emphasis added, footnote omitted).
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The ISP Remand Order as its name suggests, was an FCC order on remand from an
appeal of an earlier FCC decision, the ISP Declaratory Order. In the decision that remanded the
ISP Declaratory Order back to the FCC, the D.C. Circuit stated that the issue before the FCC in
the ISP Declaratory Ruling was "whether calls to internet service providers ("ISPs within the
caller s local calling area are themselves 'local. ",25 The ISP Remand Order was likewise
appealed to the D.C. Circuit, which unequivocally stated that in the ISP Remand Order the FCC
held under ~ 251(g) of the Act it was authorized to 'carve out' from 9 251(b)(5) calls made to
internet service providers (HISPs ) located within the caller s local calling area
Less that two years ago, Qwest and AT&T conducted a series of contested arbitrations in
several states, although Idaho was not among those states. Those dockets addressed a
fundamental issue related to VNXX. Qwest proposed that "local exchange traffic" be defined as
traffic that is originated and terminated in the same local calling area as determined for Qwest
by the Commission.AT&T proposed language by which local calling would be determined by
the calling and called NP A-NXXs" regardless of the actual origination and termination points.
AT&T's proposed language was rejected in each of those arbitrations. For example, the
Colorado commission found that any service. . . regardless of what the service is called, that
does not meet our approved definition of exchange service is an interexchange toll service. The
calling party and the called party must both be physically located in the same local calling area
for the call to be a local call for reciprocal compensation purposes. Calls originating from and
terminating to customers that are physically located in different calling areas are
Bell Atlantic Telephone Companies v. FCC 206 F.3d. 1 2 (D.C. Cir. 2000).
WorldCom v. FCC 288 F.3d 429 430 (D.C. Cir. May 3 2002) (emphasis added).
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interexchange.,,27 Likewise, the Arizona commission rejected AT&T's proposal, adopted
Qwest's proposed language, and found that "Qwest's proposed definition of 'Exchange Service
comports with the existing laws and rules, and should be adopted. AT&T's proposed definition
represents a departure from the establishment of local calling areas and may have unintended
affect beyond the issues discussed herein and be subject to abuse. . . .We do not believe that it
would be good public policy to alter long-standing rules or practice without broader industry
participation.,,28 Like the rejected AT&T proposal, Level3's proposal in this docket would
abandon the distinction between local and interexchange traffic for intercarrier compensation and
would profoundly change the methods used to determine such compensation.
Level 3' s argument that the ISP Remand Order applies to all ISP traffic is inconsistent
with the FCC's method of preempting state authority. In the instances in which the FCC has
preempted state commission action, it has been very explicit (1) that it is preempting state action
(2) defining the extent of the preemption, and (3) in stating the basis for the preemption. It did
none of those things in the ISP Remand Order.
The Core Forbearance Order does not change anything. It dealt with the application of
the ISP Remand Order and specifically addressed whether certain provisions in the ISP Remand
Order should continue to apply to ISPs. Because the ISP Remand Order did not address non-
local ISP traffic, the Core Forbearance Order did not address the issue either.
Sound public policy counsels against permitting Level 3 b)-recover intercarrier
compensation on VNXX traffic. The customer who places the call to an ISP is acting as a
Initial Commission Decision In the Matter of Petition of Qwest Corporation for Arbitration of an
Interconnection Agreement with AT&T Communications of the Mountain States, Inc. and TCG-Colorado"
Docket No. 03B-287T, Decision No. C03-1189 ~ 52 (Colo. PVC, October 17 2003) (emphasis added).
Opinion and Order In the Matter of the Petition of AT&T Communications of the Mountain States, Inc. and
TCG Phoenix, Inc. for Arbitration with Qwest Corporation, Inc. Pursuant to 47 us.e. 252(b), Docket
Nos. T-02428A-03-0553, T-OI051B-03-0553 , Decision No. 66888 at 13 (Ariz. Corp. Comm n December
, 2003).
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customer of the ISP on Level 3' s network. If Level 3 is allowed to collect intercarrier
compensation for traffic that is properly thought of as Level 3's own toll traffic, the end result is
regulatory arbitrage in which Level 3 profits at Qwest's expense. Level 3 will collect revenue
primarily from other carriers rather than its own customers. Such a result creates incentives for
inefficient entry of LECs intent on exclusively serving ISPs and not offering viable local
telephone competition, as Congress had intended in the Act. Moreover, the large one-way flows
of cash make it possible for LECs serving ISPs to afford to pay their own ISP customers to use
their services, driving ISP rates to consumers to uneconomical levels. 29 In short, intercarrier
payments for ISP traffic create severe market distortions.,,30
ISSUE NOS. 3 and 4 (VoIP issues)31
Qwest's Statement of Issues: Whether Qwest and Level 3 are required to pay reciprocal
compensation on VoIP traffic that does not originate and terminate at physical locations
within the same LCA.
Level3's Statement of the Issue: Whether the Parties will compensate each other the
rate of $0.0007 for the exchange of Voice over Internet Protocol ("VoIP") traffic.
Qwest's Position on VoIP issues (Issues 3 and 4):
In Issue No., Level 3 raised issues relating to reciprocal compensation for two types of
calls: ISP-bound traffic and VoIP traffic. While Qwest's position is consistent on both issues
the underlying body of law for ISP-bound traffic differs from that for V oIP. Therefore, in order
to address the issues with some degree of clarity, Qwest limited its discussion of Issue No.3 to
the questions related to ISP-bound traffic and noted that it would address the VoIP issues in
ISP Remand Order~~ 70-, 74-76.
Id. ~ 76.
Please note that Qwest has proposed some clarifying language to section 7.3.4.1 of the attached
interconnection agreement (Issue 4).
The physical location of the VoIP provider Point of Presence ("POP") is treated as the location of one end
of the call for purposes of the application of this issue.
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connection with its discussion of Issue No.4. Issue No.16 is also VoIP-related, as it presents the
parties' competing language for the definition of "VoIP Traffic." Qwest deals with that issue
separately.
Level 3' s basic position on VoIP traffic is that all VoIP traffic, without regard to the
location of the VoIP provider POP or the location of the terminating party to the call, is subject
to reciprocal compensation. Thus, VoIP traffic would be treated in a dramatically different
manner for intercarrier compensation purposes than traffic that originates and terminates as
telecommunications traffic. However, Level 3 has also articulated a second inconsistent
proposal. Under Section 7.3 .4., Level 3 proposes that intercarrier compensation for VoIP calls
should be based on the telephone numbers of the called and calling parties. Thus, if the called
and calling numbers are associated with the same LCA-no matter the physical location of the
customers33 -reciprocal compensation would be paid to the carrier terminating the call. Level 3
does not specify the compensation regime that should govern VoIP calls where the telephone
numbers are not associated with the same LCA. It is not clear from Level 3' s proposal whether
the calling party telephone number is the VoIP customer originating the call or a number related
to the VoIP provider POP.
In contrast, Qwest' s proposed language maintains the existing distinctions between local
and interexchange calls. Thus, local VoIP calls would be subject to reciprocal compensation
while non-local calls would remain subject to existing compensation mechanisms that govern
interexchange calls. Consistent with the ESP exemption, the location of the VoIP Provider POP
would be the relevant physical location for determining whether a call is or is not local.
The physical location of the customer may be an end user premises or the end user s POP such as a VoIP
Provider s POP.
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In its Petition, Level 3 states that Qwest takes the position that under no circumstances
should Qwest be "obligated to compensate Level 3 to terminate a (VoIP) call.,,34 This statement
simply is untrue. Qwest agrees that under circumstances, explained below, it should pay
reciprocal compensation to Level 3 for a VoIP call that is delivered by Qwest to Level 3 for
termination with a Level 3 end user customer. Likewise, under certain circumstances, Level 3
should pay reciprocal compensation for VoIP traffic delivered from Level 3 that terminates on
Qwest's network. However, Qwest adamantly opposes Level3's proposed language that would
mandate (1) that reciprocal compensation must be paid for all VoIP traffic or (2) that reciprocal
compensation be paid based on the telephone numbers of the calling and called parties when the
geographic locations of the called and calling parties are in different LCAs.
Qwest proposes that the end points of a VoIP call should be the factor that determines
whether reciprocal compensation will be paid on a particular call. As an example, for a VoIP
call where the VoIP provider is served by Level 3 , the end point should be the physical location
of the VoIP provider POP (i., where the call enters the public switched telephone network).
the Qwest side of the same call, the end point should be the physical location of the Qwest end
user receiving the call. If the physical end points of a VoIP call are located within the same
LCA, reciprocal compensation shall be paid to the carrier terminating the call. If the physical
end points are in different LCAs but the telephone numbers of the called (i., the Qwest end user
receiving the call) and calling (i.e., the VoIP Provider POP) parties are associated with the same
LCA, the call is a VNXX call and reciprocal compensation shall not be paid. If the physical end
points of the call are in different LCAs, the call is an interexchange call and the proper
intercarrier compensation should be based on appropriate state or federal tariffs and catalogs.
Level 3 Petition, p. 34.
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Level 3 Is Actually Proposing that the Commission Dramatically Change the
Existing Intercarrier Compensation Regime Applicable to VoIP Traffic.
Level 3' s definition of "VoIP VNXX traffic" characterizes it as "telecommunications
over which the FCC has exercised exclusive jurisdiction under section 201 of the Act." Nowhere
in Level 3' s discussion of Issues Nos. 3 or 4 does Level 3 provide any citation or support for that
contention.35 In section 7., Level 3 proposes language that suggests that VoIP traffic is in
some manner related to the ISP Remand Order although it provides no citation of authority for
that proposition either. With regard to Issue No., Level 3 appears to propose that reciprocal
compensation be paid on VoIP traffic on the basis of telephone numbers rather than the physical
location of the called (i., Qwest end user) and calling (i.e., VoIP Provider POP) parties, yet
elsewhere it suggests that all VoIP traffic be subject to reciprocal compensation. The result is a
confusing and inconsistent set of contract language.
Level 3' s VoIP language implies that intercarrier compensation for VoIP traffic should
bear no relationship to the historical connection between reciprocal compensation and the
physical end points of a call (that is, reciprocal compensation has traditionally been allowed only
where the physical end points ofa call are within the same LCA). Either ofLevel3's proposals
would abandon that relationship and require reciprocal compensation in situations far broader
than the application of reciprocal compensation for most traffic. But that is not all. By
proposing to substantially broaden the circumstances in which reciprocal compensation would
apply, Level 3 is implicitly suggesting that, not only should reciprocal compensation apply to
VoIP traffic in situations far broader than for other traffic but, at the same time, Level 3 is
suggesting that it should be allowed to avoid the carrier compensation system that has been
In fact, Level3's entire nine-page discussion of Issue 3 relates solely to ISP-bound traffic, and the issues
related to that type of traffic. See Level 3 Petition, pp. 25-33.
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created by the existing regulatory structure to govern compensation for calls that are
interexchange in nature (i., that do not physically originate or terminate in the same LCA). For
reasons that Level 3 has not explained, for VoIP traffic, it proposes an end run around the
existing compensation rules.
Level3's Position is Inconsistent With the ESP Exemption.
The FCC has a long history of determining the appropriate treatment of traffic bound for
enhanced service providers (providers of communications that modify content). In 1983, the
FCC issued an order creating the so-called ESP exemption.36 While referred to as the "ESP
exemption " it is not really an exemption, but rather a decision, based on a number of policy
considerations, that enhanced service providers were entitled to connect their points of presence
through tariffed local retail services, (rather than through tariffed Feature Group access services
that other carriers were required to purchase) even though the facilities were really being used
for services classified as interstate.37 The FCC assigned the same status to private systems (e.
PBX systems) that accessed local exchange systems for connecting interstate calls.38 In other
words, the FCC treats the point of presence of an enhanced service provider as if that point of
presence is the location of a retail customer.
The FCC applied the same approach under the Act when it dealt with traffic routed to the
internet. The FCC determined that ISPs, one of the heirs to the old "enhanced service provider
See Third Report and Order In the Matter ofMTS and WATS Market Structure , 93 FCC 2d 241, 254-55 ~
39 and n.15, 320 ~ 269 (1983); modified on recon., 97 FCC 2d 682 (1984) First Order on
Reconsideration
),
further modified on recon., 97 FCC 2d 834 (1984) Order on Further
Reconsideration
),
affd in principal part and remanded in part sub nom.NARUC v. FCC 737 F.2d 1095
(D.C. Cir. 1984), cert. denied 469 V.S. 1227 (1985).
See , First Report and Order In the Matter of Access Charge Reform, Price Cap Performance Review
for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charges
FCC Red 15982, 16131-34 ~~ 341-48 (1997); see also, generally, Order, In the Matter of Amendments of
Part 69 of the Commission s Rules Relating to Enhanced Service Providers, 3 FCC Red 2631 (1988).
See Memorandum Opinion and Order In the Matter ofWATS-Related and Other Amendments of Part 69
the Commission s Rules 2 FCC Red 7424, 7425 ~~ 13-15 (1987).
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designation, were entitled to the same treatment for compensation purposes. Thus, when an ISP
or a VoIP Provider is served by a CLEC like Level 3 , the same analysis applies under section
251 (g) of the Act. The VoIP provider s POP is treated as an end user location for the purposes
of compensation.
Level 3' s position is directly contrary to FCC precedent, which requires that a computer
(such as the equipment in a VoIP provider s POP) be treated exactly the same as other end user
customers in determining whether a call to the computer is a toll call or a local call. In other
words, a call from one LCA to a computer located in another LCA is treated as a toll call.
Implicit in its proposed language is a claim by Level 3 that the FCC, without analysis or even
intent, has accidentally changed the entire landscape of access charges and issued a blanket
exemption for all calls to and from all computers, no matter where located (as long as they send
the call to the internet). However, Level 3 provides no support for the proposition that the FCC
has made such a major policy shift.
LCAs are the Appropriate Geographical Areas for the Purpose of Determining the
Application of Reciprocal Compensation.
In its description of Issue No., Level 3 uses a fascinating euphemism. It states that the
issue is whether Qwest may exclude compensation for ISP-bound traffic (and VoIP traffic as
well, since Level 3 proposes that they be treated the same) from compensation "through contract
terms that seek to create artificial geographic designations for the ISP." (emphasis added)
closer examination ofLevel3's petition discloses that these "artificial geographic designations
are what the rest of the industry and regulators commonly refer to as local calling areas
LCAs
).
LCAs have a long history in the industry. They represent communities or other
geographical areas where the residents and businesses share some form of community of interest
with each other, such that the local commission found it to be in the public interest to designate
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the calling within the LCA as local and to require the provider to provide it on a flat-rated basis.
LCAs thus were and continue to be the dividing line between local and long distance (toll)
calling. The local/toll distinction has likewise served as a critical frame of reference for
intercarrier compensation. Local calling areas have traditionally been the criteria that determine
whether reciprocal compensation applies to a call between carriers or whether the access charge
system applies.
The vast majority of state commissions that have addressed the issue have firmly
concluded that local calling (defined by the physical location of the parties and not the telephone
numbers) will remain the relevant criterion for the application of reciprocal compensation. Level
3 has presented nothing to suggest that this Commission must abandon LCAs for determining
compensation for VoIP calls.
ISSUE NO.
Qwest's Statement of the Issue: Whether state-specific language approved by the
Commission should be used in the agreement instead of Qwest's template language?
Level3's Statement of the Issue: Whether the Agreement should incorporate by
reference, interconnection terms and conditions that conflict with the specific terms of the
Interconnection Agreement at issue in this proceeding.
Qwest's Position:
Level 3 has misinterpreted the cross-references that Qwest included in its template
interconnection agreement. The references in the template agreement to Qwest's Statement of
Generally Available Terms ("SGAT") indicate when the Commission has approved state-specific
language that is different than the generic language used in the fourteen state template. Thus, for
example, the state commissions in Colorado, Minnesota and South Dakota have each prescribed
language for Section 5.1 that is different than Section 5.1 in the fourteen-state template. The
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interconnection agreement submitted with this response contains the state-specific language
Qwest has proposed and contains no cross-references to the SGA T.
TIER II ISSUES
The Tier II issues primarily concern definitions. Qwest has proposed definitions that are
for the most part standard definitions used in Qwest's interconnection agreements. Qwest'
proposed definitions have also typically been approved by state commissions for inclusion in
Qwest's Statement of Generally Available Terms and Conditions ("SGA T"). Level 3 has not
justified a departure from the definitions that have already been approved by the Commission.
Level3's proposed definitions should also be rejected for the reasons given in the following
discussion.
ISSUE NO.
Qwest's Statement of the Issue: Whether the Agreement should contain the standard
definition of "Automated Message Accounting" (or
, "
AMA") approved for Qwest'
SGA Ts?
Level3's Statement of the Issue: Because Level 3 does not have "Switch Technology
should the Agreement provide that AMA records are inherent in the parties' network?
Qwest's Position:
Contrary to Level3's objection, nothing in the definition of "Automated Message
Accounting" or "AMA" links it to circuit switch technology. In fact, the definition of "switch"
in the Agreement includes packet switches. AMA is the fundamental telecommunications
standard for recording switch messages. Qwest's proposed definition should be accepted.
ISSUE NO.
Qwest's Statement of the Issue: Should the Parties use the Commission approved
definition of "Basic Exchange Telecommunications Service
Level3's Statement of the Issue: Whether the Agreement should provide that End User
Customers are those customers that are on the public switched telecommunications
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network, and that end users only exchange calls to or from the public switched
telecommunications network?
Qwest's Position:
Qwest's proposed definition of "Basic Exchange Telecommunications Service" has been
approved by every commission in Qwest's region in Qwest's SGAT proceedings. Qwest'
definition, by its terms, is used only if the Commission does not have a different definition for
Basic Exchange Telecommunications Service." Contrary to Level3's assertion, the term "end
user" in the definition does not exclude IP enabled services.
ISSUE NO.
Qwest's Statement of the Issue: Should the Parties use the Commission-approved
definition for "call record"
Level3's Statement of the Issue: Should the Parties be permitted to agree on the types
of call record information?
Qwest's Position:
Level 3 has requested interconnection with Qwest's telecommunications network. It is
the requirements of interconnection with Qwest's telecommunications network that should be
memorialized in the Parties' interconnection agreement. Level 3 uses terms that are not defined
in the agreement, by the telecommunications industry, or are defined differently by the industry.
Level 3' s language also omits essential information that is needed to determine the time sensitive
nature of exchanging traffic.
Level 3' s proposed language stating expressly that the parties can agree to include other
information in a "call record" is implied in any definition. The parties are always free to agree to
something different than what is included in the interconnection agreement. All they have to do
is amend the agreement. However, Level3's proposed language might be interpreted to permit
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agreement other than through a written interconnection agreement amendment signed by both
parties.
ISSUE NO.
Qwest's Statement of the Issue: Whether a separate definition of "exchange access" is
necessary in Section 7 of the Agreement?
Level3's Statement of the Issue: What is the proper definition of "exchange access
Qwest's Position:
Qwest and Level 3 now propose the same definition of "exchange access" for all sections
of the Agreement. However, for purposes of Section 7, Qwest has replaced the reference
Exchange Access (IntraLA T A Toll carried solely by local exchange carriers)" with "IntraLA T A
Toll carried solely by local exchange carriers" or "IntraLATA LEC Toll." This refinement
necessary so that the remaining terms and conditions in Section 7 are properly limited to
exchange access involving IntraLA T A Toll carried solely by local exchange carriers. The
limitations contained in Section 7 are the limitations that Level 3 seeks to eliminate with its
proposal for Issue No.2. Qwest seeks to continue to maintain the distinction between
intraLATA traffic carried solely by a LEC and IXC carried toll traffic. Qwest's proposed
refinements within this issue maintain this distinction and avoid any confusion over the terms.
ISSUE NO. 10
Qwest's Statement of the Issue: Should the Parties use a definition of "Interconnection
that most closely conforms to the Commission-approved definition?
Level 3's Statement of the Issue: Should the definition of "Interconnection" include
terms that would exclude the Parties from exchanging VoIP traffic, and certain ISP-
bound traffic?
Please note that Qwest has proposed a change to its language for the definition of "Interconnection." It has
removed the words "Exchange Access" and clarified that Interconnection relates to IntraLA T A LEC toll
traffic.
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Qwest's Position:
Level 3 argues that Qwest' s proposed language is a "back -door attempt to regulate the
types of traffic that may be exchanged between the parties" and specifically complains that
Qwest's definition excludes VolP traffic.,,40 There is no merit to this argument. The specific
service types set forth in Qwest's language are those that are defined in SGATs throughout
Qwest territory. There is no reason to add VolP traffic to the definition. As IP-enabled voice
traffic, VolP traffic, like the voice traffic carried by other carriers, will fit into one of the
categories already listed, depending on the nature of the specific VolP traffic. Even Level 3'
approach, which Qwest opposes, would effectively treat all VolP traffic as Exchange Service
traffic.
Level3's proposed language should be rejected because it is confusing and uses a
statutory section "section 251 (b )( 5) traffic" as part of the definition, which, in a definition, does
not add clarity. Moreover, Level3's definition of section 251(b)(5) traffic inappropriately
includes inter LATA traffic and IXC-carried intraLATA traffic that is governed by Qwest'
access service tariffs or catalogs pursuant to Section 251 (g) of the Act.
ISSUE NO.
Qwest's Statement of the Issue: Should the Parties use a definition of "Interexchange
Carrier" that is identical to the Commission-approved definition?
Level3's Statement of the Issue: Should the definition of "Interexchange carrier" be
defined by relying on a type of traffic that is defined by the federal Communications Act?
Qwest's Position:
Level 3 makes two points: (1) the terms "InterLATA or IntraLATA Toll services" are
ambiguous terms not found in the Act; and (2) the Level 3 definition uses the term Telephone
Level 3 Petition, p. 44.
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Toll Service, which is defined in the Act. On the first point, Level 3 is simply wrong. The term
interLA T A service" is defined in section 153(21) of the Act. Moreover, the term "intraLA T A"
can hardly be characterized as ambiguous or ill-defined. Given that LATA is a well-defined
term and that interLATA service refers to telecommunications "between a point located in a
(LATA) and a point outside such area
" "
intraLATA service" obviously refers to
telecommunications between two points "within" the same LATA. The Qwest definition
easily understandable and commonly used. On the second point, Level3's desire to use
telephone toll service" is a transparent effort to attempt to inject a definition into the agreement
that (because it defines "toll service" as a call for which a separate bill is rendered) would require
the payment of intercarrier compensation for ISP VNXX traffic. It also facilitates Level 3'
attempt to disguise FGD traffic.
ISSUE NO. 12
Qwest's Statement of the Issue: Should the Parties use a definition of "IntraLA T A Toll
Traffic" that is identical to the Commission-approved definition?
Level3's Statement of the Issue: Whether the Agreement should define the term
IntraLA T A Toll Traffic" using terms defined by the federal Communications Act?
Qwest's Position:
Level3's arguments are the same as in Issue No. 11. Qwest's response is likewise the
same as in its response to Issue No. 11.
ISSUE NO. 13
Qwest's Statement of the Issue: Setting aside who bears particular costs of
interconnection, should the Agreement contain a definition of the trunk facility that
connects Qwest's network to Level3's network?
Level3's Statement of the Issue: Whether the Agreement should contain a definition of
a term that is used by Qwest to shift to Level 3 the costs of Qwest's facilities on Qwest'
side of the point of interconnection?
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Qwest's Position:
The definition of "Local Interconnection Service or 'LIS' Entrance Facility " is nothing
more than a definition of the facility that connects Qwest's network to Level3's network. The
definition does not contain any language that determines who bears the cost of this facility.
Level 3 provides no legitimate reason for rejecting this definition. Leve13's concern about the
allocation of the costs of interconnection is addressed in Issue No.
ISSUE NO. 14
Qwest's Statement of the Issue: Should the Commission adopt a definition of
Exchange Service" or "Extended Area Service (EAS)/Local Traffic" that means traffic
that is originated and terminated within the Local Calling Area? In addition to that
should the Commission also adopt a definition for "Telephone Exchange Service" that is
substantially the same as the definition for that term proposed by Level3?
Level3's Statement of the Issue: Should the definition of "Telephone Exchange
Service" be defined based on the unknown geographic physical location of the
originating and terminating caller, or should it mirror the terms of the Act?
Qwest's Position:
The issue here has nothing to do with the definition of "Telephone Exchange Service.
The Level 3 and the Qwest definitions of that term are nearly identical. Level 3 adds the terms
(A)" and "(B)" to separate two portions of the definition. This is not a substantive change.
Also, where Qwest uses the term "End User Customers " Level 3 uses the term "subscribers.
Qwest submits that the term "End User Customers" is clearer and more understandable than the
term "subscribers." Furthermore, it is a defined term in the agreement (that Level 3 does not
challenge), while the term "subscriber" is not a defined term in the agreement. Furthermore
Qwest's proposed definition of "Telephone Exchange Service" has been approved by the
Commission. Therefore, as between the two definitions, Qwest believes its definition should be
adopted.
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The real issue here is Level3's attempt to strike Qwest's proposed definition of
Exchange Service" or "Extended Area Service (EAS)/Local Traffic." This is another attempt to
eliminate language from the agreement that defines local/EAS service in the way it has been
defined for decades --as service originated and terminated within the LCAs established by the
Commission.
Level 3 makes two arguments, both of which should be rejected. First, it suggests that
local service should not be "defined based on the unknown geographic location of the originating
and terminating caller." However, it is the commonly accepted method of defining local
exchange traffic and should not be discarded because Level 3 wishes to collect intercarrier
compensation on traffic that dC?es not meet the definition.
Level3's second argument is that Qwest is making a back-door attempt to regulate the
type of traffic being exchanged between the parties. That argument is without any merit. This
issue has nothing to do with whether the traffic will be exchanged. It has everything to do with
whether the traffic will be subject to intercarrier compensation.
ISSUE NO. 15
Qwest's Statement of the Issue: Is it necessary to have a separate definition of
Telephone Toll Service?"
Level3's Statement of the Issue: Should the definition of "Telephone Toll Service" be
defined based on the Act's definition?
Qwest's Position:
In none of Qwest's SGATs has a definition of "Telephone Toll Service" been included
and, given the existing definition of IntraLA T A toll traffic, all this definition will do is create
confusion. There is no need for such a definition, except, as Qwest explained in its response to
Issue No. 11 in order for Level 3 to inject a definition into the agreement that it can use to
attempt to justify intercarrier compensation for VNXX calls and to require Qwest to allow the
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termination of separately tariffed Switched Access services via interconnection trunks. The
Commission should reject Level3's proposed definition.
ISSUE NO. 16 (Definition ofVoIP Traffict1
Qwest's Statement of Issue: Whether "VoIP Traffic" should be defined according to a
standard industry definition that specifies the types of equipment involved, requires that
the call originate in Internet Protocol ("IP"), and requires that the call be transmitted over
a broadband connection to the V oIP Provider?
Level3's Statement of Issue: Assuming that the Agreement will define "Voice over
Internet Protocol" or "V oIP", should the definition of "VoIP" contain substantive terms
that limit the circumstances in which the Parties will exchange traffic, and the
compensation that will be derived from the exchange ofVoIP traffic?
Qwest Position:
The first portions of Qwest's and Level3's definitions of "VoIP Traffic" are substantially
the same with two exceptions:
Qwest states that VoIP traffic must be "transmitted over a broadband connection
to the VoIP provider " while Level 3 states that it must be "transmitted over a
broadband connection to or from the VoIP provider.
Qwest proposes that the origination point for the Level 3 side of the call be the
end user premises." Level 3's language removes that reference.
In addition, Qwest also proposes additional language to address the following definitional
issues related to the definition of "VoIP traffic
V oIP traffic is an "information service
VoIP traffic is subject to interconnection and compensation based on the VoIP
Provider s POP being treated as the premises of the end user; and
LIS trunks may be used to terminate VoIP traffic based on rules that apply to
other end users, including the requirement that the VoIP Provider POP be
physically located in the same LCA as the called party.
41 Please note that Qwest has proposed new language to the definition ofVoIP traffic to clarify its proposal.
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VoIP Call Must Originate with the Party Making the Call in IP Protocol and
Must be Transmitted to the VoIP Provider over a Broadband Connection.
Consistent with common industry usage, it is Qwest's position that only calls that are
originated by the calling party in IP protocol and that are transmitted over a broadband
connection to the VoIP provider are properly classified as VoIP calls. Level 3 appears to agree
with the proposition that the call must originate in IP protocol, but then removes language
intended to make it clear that it must originate in IP protocol at the premises of the calling party.
Level 3 provides no explanation for not including this language, even though it is consistent the
proper definition of a VoIP call.
In addition, Level 3' s language indicates that the call must be transmitted over a
broadband connection "to or from the VoIP provider. Once again, Level 3 provides no
explanation for this language. However, by eliminating the requirement that a VoIP call must
originate on a broadband connection, Level3's language has the potential of broadening the
definition of VoIP traffic from traffic originated on a broadband connection to traffic originated
on an analog dial-up connection, so long as it is translated into IP either going to the VoIP
provider or coming from the VoIP provider. The precise implications ofLevel3's proposed
language are not entirely clear (and Level 3 does not explain it), but it certainly has the potential
of transforming traffic that no one would consider VoIP traffic under the proper definition of that
term into VoIP traffic for compensation purposes. Until Level 3 provides an explanation of the
meaning of this language, Qwest opposes including it in the definition of VoIP traffic.
QWEST CORPORATION'RESPONSE TO PETITION FOR ARBITRATION - Page 32
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The Additional Language Proposed by Qwest Should be Adopted.
Level3's petition agrees that VoIP traffic is an information service.42 Therefore, Qwest'
language should be adopted. Qwest's language provides that the VoIP Provider POP is to be
treated as the "end user premises" for interconnection and intercarrier compensation purposes.
Qwest's proposal is consistent with the manner the VoIP provider s POP is treated for purposes
of the ESP exemption. Given the fact that Level 3 proposes that compensation for VoIP calls be
based either on telephone numbers of the parties to the call or that all VoIP calls be subject to
reciprocal compensation, Level 3' s omission of this language appears to be part of that proposal.
For the reasons set forth in Qwest's discussion of Issue No., compensation should only be for
local VoIP calls as proposed by Qwest; thus, Qwest's language should be adopted.
Qwest's language proposes that LIS trunks may only be used to terminate VoIP traffic
based on rules that apply to other end users, including the specific requirement that the VoIP
Provider s POP be physically located in the same LCA as the called party. Level 3 apparently
opposes this language on the basis of its compensation proposals for VoIP calls. For the reasons
set forth in Qwest's discussion of Issue No., LIS services should only be used in the same
manner and under the same circumstances that other CLECs are able to use them. Likewise
consistent with Qwest's compensation proposal for VoIP calls , it is important to include the
language that requires the VoIP provider POP to be in the same LCA as the called party in order
to use LIS services. Thus, Qwest's additional language should be adopted.
ISSUE NO. 17
Qwest's Statement of the Issue: Should Level 3 be required to provide forecasts to
Qwest and if so, should Level 3 be responsible for costs Qwest incurs to provide capacity
to meet erroneous forecasts?
Level 3 Petition, p. 48.
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Boise-185271.10061273-00018
Level3's Statement of the Issue: Is Level 3 required to forecast and manage the
capacity requirements of Qwest's network facilities and trunks on the Qwest side of the
Point of Interconnection?
Qwest's Position:
Level 3 does not dispute that it is appropriate to require Level 3 to provide forecasts.
Forecasts are necessary so that Qwest can plan for future demands for its network. However
Level 3 has an incentive to overstate its need for capacity so that Qwest will have capacity to
handle Level3's most optimistic needs. Qwest's proposed language requires Level 3 to back up
its forecasts with deposits so that Level 3 makes good faith estimates of what it will need rather
than inflated estimates of what it might need.
ISSUE NO. 18
Qwest's Statement of the Issue: Whether Qwest's mechanized billing systems and
procedures should be replaced by a manual system based upon jurisdictional allocation
factors?
Level3's Statement of the Issue: May the Parties rely upon jurisdictional allocation
factors to identify the compensation for the types of traffic exchanged?
Qwest's Position:
Level 3 has proposed the creation of several new jurisdictional allocation factors. These
factors presuppose that the Commission adopts Level 3' s traffic definitions and interconnection
proposal whereby switched access traffic is commingled with other types of traffic on the same
interconnection trunks. Thus, Level 3' s proposed jurisdictional allocation factors should be
rej ected for the same reasons that Level 3' s traffic definitions and commingling proposals should
be rejected. Furthermore, the jurisdictional factors serve no purpose if the Commission adopts
Qwest's traffic definitions and proposed trunking arrangements.
To use Level3'sjurisdictional allocation factors, Qwest would have to create a large
manual process that is completely dependent upon data supplied by Level 3. To verify that the
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data supplied by Level 3 is accurate would require creation of a manual audit process. As stated
above, Level 3 has not provided a reasonable basis for the extensive disruptions to Qwest'
mechanized billing systems that Level3's proposal would cause. Moreover, the use of
jurisdictional allocation factors in other contexts is largely besides the point. Allocation factors
are typically used only when there is no better mechanized way to record and bill for traffic.
ISSUE NO. 19
Qwest's Statement of the Issue: Whether the parties should use a Commission-
approved method by which Qwest tracks ISP-bound traffic as the method for such
tracking under the agreement and, in the alternative, whether the FCC's 3: 1 ratio should
be used in the event the Commission has not approved an alternative method.
Level3's Statement of the Issue: Whether the parties should use the FCC's 3:1 ratio to
determine what traffic is ISP-bound traffic or whether they should use Qwest's method
for tracking ISP-bound traffic where the Commission has previously ruled that Qwest'
method is sufficient.
Qwest's Position:
This issue is simple. Level3's language would mandate the use of the FCC's 3:1 ratio as
the level at which a presumption is made that all traffic exceeding that level is ISP-bound.
Qwest, on the other hand, contends that, if the Commission has previously "ruled that Qwest'
method of tracking ISP-bound traffic is sufficient " then that method should be employed.
Level 3 makes two arguments. First, it asserts that Qwest has opted into the FCC's ISP-
bound compensation framework and therefore should not be allowed to suggest that an
alternative method should be used. Although Qwest follows the interim regime of the ISP
Remand Order to the extent applicable, Qwest is not precluded from suggesting alternative
methods for determining and tracking ISP-bound traffic. For example, if Qwest's method is
43 Please note that Qwest proposes language that eliminates the last sentence of7.3.2 that is unnecessary,
confusing, and which could be construed to conflict with other Qwest proposed language.
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more accurate and has been approved as a better method than the 3: 1 ratio, it should be followed.
The 3: 1 ratio is designed as a rough way of determining levels of ISP-bound traffic. If Qwest
has developed a more accurate method that has been approved by the Commission, the result of
Level 3' s approach would exalt a "rough estimate" to a position of supremacy over a discrete
accurate determination. That simply makes no sense.
Level 3' s second argument is that a reference to an unspecified prior ruling is ambiguous
and vague and will lead to disputes. This argument is illogical. Either a local commission has
approved Qwest's method or it has not. Ifit has, it will have done so in a verifiable manner
(such as in an order). Ifit has not approved Qwest's method, then there will be no record of such
an approval and the 3: 1 ratio will prevail. Qwest fails to see the vagueness or ambiguity of such
a proposal.
ISSUE NO. 20
Qwest's Statement of the Issue: What signaling information should the Agreement
require the parties to provide each other?
Level3's Statement of the Issue: In identifying IP enabled traffic, should the parties
allow for call records that will include information other than calling Party number?
Qwest's Position:
The parties should provide industry standard signaling information that is needed to issue
bills in a complete and timely fashion. The intent of this section of the interconnection
agreement is to establish the signaling requirements between telecommunications networks.
Level3's proposed language adds confusion to Section 7.8 by using terms that are not
signaling protocol terms defined by this contract or by telecommunications signaling standards.
Qwest however, provides specific language addressing the exchange of signaling information
using industry defined signaling parameters.
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Section 7.3.8 addresses specific signaling parameters that are included in the SS7
signaling stream. Level 3 introduces a generalization referred to only as "calling record
information" that mayor may not be included in the signaling stream that is required to set up a
call through the Public Switched Telephone Network.
Moreover, Level3's proposed modifications to Section 7.3.8 do not provide flexibility
that does not already exist. As circumstances and industry standards change, the parties will
always be free to agree to changes in the signaling information exchanged.
ISSUE NO. 21
Qwest's Statement of the Issue: Whether Level3's proposed Section 7.4.1 is
necessary when no provision in Section 7.4 allocates responsibility for the cost of
interconnection?
Level3's Statement of the Issue: Whether, when ordering interconnection, Level 3
could be deemed to implicitly agreeing to pay the costs of the trunks and facilities on
Qwest's side of the POI?
Qwest's Position:
Level 3' s proposed Section 7.4.1 only underscores why its position on allocation of the
costs of interconnection is wrong. The fact that Level 3 requests (or orders) facilities on Qwest'
side of the network demonstrates that the interconnection is done for Level 3' s benefit. Level 3
makes requests for Qwest facilities on Qwest's side of the point of interconnection so that Level
3 can serve its own ISP customers.
Section 7.4.1 is completely unnecessary. The Commission will determine who pays the
costs of interconnection in the Sections of the Agreement that are related to Issue No.
Accordingly, since nothing in Section 7.4 requires Level 3 to pay interconnection costs, Level
3' s proposed Section 7.4.1 should be rej ected.
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ISSUE NO. 22
Qwest's Statement of the Issue: Whether Level3's proposed Section 19.1.1 is
appropriate when nothing in Section 19 allocates responsibility for payment for
construction of facilities?
Level3's Statement of the Issue: Whether Qwest may compel Level 3 to incur special
construction charges for work completed on Qwest's facilities and network on Qwest'
side of the POI?
Qwest's Position:
Level3's proposed Section 19.1.1 should be rejected because it is unnecessary. Nothing
in Section 19 allocates responsibility for paying for the costs of constructing interconnection or
other facilities. Thus, a disclaimer as to responsibility for paying the cost of new construction
serves no purpose.
Furthermore, proposed Section 19.1 again underscores that Level 3 overreaches when it
argues that it should not have to pay any of the interconnection costs Qwest incurs on its side of
the point of interconnection. When Level 3 requests that Qwest build additional facilities for
network interconnection, these costs are incurred to benefit Level 3. Under the Act, Qwest is
entitled to just and reasonable compensation for the costs that it incurs.
CONCLUSION
In this proceeding, Level 3 is attempting to obtain interconnection ostensibly pursuant to
Section 251 (c) primarily, if not exclusively, to offer information services. However, Section
251 (c) permits interconnection for the purpose of offering telecommunications services and more
particularly, telephone exchange service and exchange access. Thus, it is not at all clear that
Level 3 is even entitled to interconnection pursuant to Section 251 (c). If Level 3 does not
demonstrate that it offers telephone exchange service or exchange access over its interconnection
facilities with Qwest, the Commission should consider denying Level 3 interconnection pursuant
to Section 251(c).
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If the Commission does permit Level 3 to interconnect pursuant to Section 251 (c), Level
3 should not be permitted to inappropriately shift interconnection costs to Qwest and to gain free
use of Qwest' s network. It should not be permitted to abuse the North American Numbering
Plan by deliberately mis-assigning telephone numbers in order to convert toll calls into local
calls. And it should not be permitted to reform intercarrier compensation into a cost-free, one-
way revenue stream from Qwest to Level 3.
DATED this 28th day of June, 2005
Respectfully submitted
Thomas M. Dethlefs
Senior Attorney
Qwest Services Corporation
1801 California Street, 10th Floor
Denver, CO 80202
Tel: [phone]
Fax: [phone]
Thomas. Dethlefs~qw est. com
QWEST CORPORATION
By: Ut~
~---
Mary S. Hobs (ISB. No. 2142)
Stoel Rives LLP
101 South Capitol Boulevard
Suite 1900
Boise, ill 83702-7705
Tel: [phone]
Fax: [phone]
mshobson((i2stoel.com
Ted D. Smith
Stoel Rives LLP
201 South Main Street
Suite 1100
Salt Lake City, UT 84111
Tel: [phone]
Fax: [phone]
tsmith~stoel.com
QWEST CORPORATION'RESPONSE TO PETITION FOR ARBITRATION - Page 39
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CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing Qwest Corporation
Response to Petition for Arbitration was served on the 28th day of June, 2005 by first class mail
postage prepaid on the following individuals:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83720-0074
ijewell~puc. state. id. us
Weldon Stutzman
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83720-0074
Telephone: [phone]
we ldon. stutzman~puc. Idaho. go v
Erik Cecil
Regulatory Counsel
Level 3 Communications, LLC
1025 Eldorado Boulevard
Broomfield, CO 80021
Henry T. Kelly
Joseph E. Donovan
Scott A. Kassman
Kelley Drye & Warren LLP
333 West Wacker Drive
Chicago, Illinois 60606
[phone] (telephone)
[phone] (facsimile)
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock Street
O. Box 2564
Boise, ill 83702
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
)f:J4ch Brandi L. Gearhart
Legal Secretary
Stoel Rives LLP
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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
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TABLE OF CONTENTS
SECTION 1.0 - GENERAL TERMS.................................................................................
SECTION 2.0 - INTERPRETATION AND CONSTRUCTION .......................................... 7
SECTION 3.0 - CLEC IN FORMATION............................................................................ 9
SECTION 4.0 - DEFINITIONS.......................................................................................
SECTION 5.0 - TERMS AND CONDITIONS ................................................................. 36
5.4
GENERAL PROVISIONS......................................................................................
TERM OF AGREEMENT ......................................................................................
PROOF OF AUTHORIZATION...............................................................................
PAYMENT.........................................................................................................
TAXES .............................................................................................................
INSURANCE ......................................................................................................
FORCE MAJEURE..........
...................................................................................
LIMITATION OF LIABILITY ...................................................................................
INDEMNITY .......................................................................................................
INTELLECTUAL PROPERTY................................................................. ................
WARRANTIES ...................................................................................................
ASSIGNMENT................................................................................................... 46
DEFAULT .........................................................................................................
SEVERABILITY.................................................................................................. 47
NONDISCLOSURE .............................................................................................
SURVIVAL........................................................................................................ 50
DISPUTE RESOLUTION ......................................................................................
CONTROLLING LAW ..........................................................................................
RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION .................................... 53
NOTICES..........................................................................................................
RESPONSIBILITY OF EACH PARTY ......................................................................
No THIRD PARTY BENEFICIARIES...................................................................... 54
RESERVED FOR FUTURE USE............................................................................
PUBLICITY........................................................................................................
EXECUTED IN COUNTERPARTS ..........................................................................
COMPLIANCE................................................................................................... 55
COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW
ENFORCEMENT ACT OF 1994 ...................... ......................................................
COOPERATION .................................................................................................
AMENDMENTS ..................................................................................................
ENTIRE AGREEMENT.........................................................................................
SECTION 6.0 - RESALE .............................................................................................. 57
DESCRIPTION ...................................................................................................
TERMS AND CONDITIONS ..................................................................................
BILLING............................................................................................................ 64
MAINTENANCE AND REPAIR...............................................................................
COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK
ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS ................ 65
SECTION 7.0 - INTERCONNECTION.......... .................................................................
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INTERCONNECTION FACILITY OPTIONS............................................................... 66
EXCHANGE OF TRAFFIC ....................................................................................
RECIPROCAL COMPENSATION ...........................................................................
ORDERING .......................................................................................................
JOINTLY PROVIDED SWITCHED ACCESS SERVICES ............................................. 93
TRANSIT RECORDS...........................................................................................
LOCAL INTERCONNECTION DATA EXCHANGE FOR BilLING................................... 94
SECTION 8.0 - COLLOCATION....................................................................................
DESCRIPTION ...................................................................................................
TERMS AND CONDITIONS ..................................................................................
RATE ELEMENTS ............................................................................................115
ORDERING .....................................................................................................122
BilliNG................................. ......................................................................... 137
MAINTENANCE AND REPAIR.............................................................................138
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS ..............................................139
GENERAL TERMS............................................................................................139
UNBUNDLED Loops.................................................................. ...................... 149
SUBlOOP UNBUNDLING.................................................................................. 167
INTENTIONAllY LEFT BLANK ...........................................................................178
NETWORK INTERFACE DEVICE (NID) ...................................................... ......... 178
UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) ..............................182
UNBUNDLED DARK FIBER................................................................................187
INTENTIONAllY LEFT BLANK........................................................................... 194
INTENTIONAllY LEFT BLANK........................................................................... 19410 INTENTIONAllY LEFT BLANK........................................................................... 19411 INTENTIONAllY LEFT BLANK........................................................................... 19412 INTENTIONAllY LEFT BLANK........................................................................... 19413 INTENTIONAllY LEFT BLANK........................................................................... 19514 INTENTIONAllY LEFT BLANK........................................................................... 19515 INTENTIONAllY LEFT BLANK ........................................................................... 19516 INTENTIONAllY LEFT BLANK........................................................................... 19517 INTENTIONAllY LEFT BLANK........................................................................... 19518 ADDITIONAL UNBUNDLED ELEMENTS ........................................ ....................... 195
19 CONSTRUCTION CHARGES ..............................................................................19520 INTENTIONAllY LEFT BLANK........................................................................... 19621 INTENTIONAllY LEFT BLANK ...........................................................................19622 INTENTIONAllY LEFT BLANK........................................................................... 19623 UNBUNDLED NETWORK ELEMENT COMBINATIONS ............................................ 19724 Loop SPLITTING............................................................................................. 207
SECTION 10.0 - ANCILLARY SERVICES ..................................................................211
10.LOCAL NUMBER PORTABILITY..........................................................................218
10.911/E911 SERVICE........................................................................................ 225
10.4 WHITE PAGES DIRECTORY LISTINGS............................................................... 233
10.DIRECTORY ASSISTANCE ................................................................................237
10.DIRECTORY ASSISTANCE LIST .........................................................................241
10.TOll AND ASSISTANCE OPERATOR SERVICES.................................................. 244
10.ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY.......................... 248
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TABLE OF CONTENTS
SECTION 11.0 - NETWORK SECURITY.................................................................... 260
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............266
12.DESCRIPTION................................................................................................. 266
12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING................ 266
12.MAINTENANCE AND REPAIR.............................................................................277
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS............................................ 289
SECTION 14.LOCAL DIALING PARITY ............................................................290
SECTION 15.0 - QWEST DEX....................................................................................291
SECTION 16.0 - REFERRAL ANNOUNCEMENT .......................................................292
SECTION 17.0 - BONA FIDE REQUEST PROCESS.................................................. 293
SECTION 18.0 - AUDIT PROCESS ............................................................................ 296
SECTION 19.0 - CONSTRUCTION CHARGES .......................................................... 299
SECTION 20.0 - SERVICE PERFORMANCE ............................................................. 300
SECTION 21.0 - NETWORK STANDARDS ................................................................301
SECTION 22.0 - SIGNATURE PAGE.......................................................................... 305
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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 1025 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 Idaho, for purposes of
providing local Telecommunications Services.
1.4 Intentionally Left Blank
Intentionally Left Blank
Intentionally 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 choosesto 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 the 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.
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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 SGAT 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 SGA T 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 SGAT 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 SGA T
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
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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 1-16, 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 1.3, 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 SGA T
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
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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 this Agreement and
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
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thisAgreement, for up to sixty (60) 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
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's Tariffs, PCAT, 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.
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CLEC Information
Section 0 - CLEC INFORMATION
Except as otherwise required by law Qwest will not provide or establish
Interconnection Unbundled Network Elements ancillary services and/or resale of
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 Owest 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 Owest and CLEC contact lists; and
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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.
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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 Owest 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. Owest'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 Owest 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.
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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 DO-CORE which
defines the industry standard for message recording.
Level 3 Proposed:
Automated Message Accounting or "AMA" 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-11 DO-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.
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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. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
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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
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.
IssoeNo.
Qwest proposed:
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 ("OLl"). 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.
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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 A TIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora,
the Network Interconnection Interoperability Forum (NIIF), 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 Owest'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 "CMOS" means the operation system that Local
Exchange Carriers use to exchange outcollect and lABS access messages among each other
and other parties connected to CMOS.
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 Owest provides space in Owest Premises for the
placement of CLEC's equipment to be used for the purpose of Interconnection or access to
Owest Unbundled Network Elements.
Collocation - Point of Interconnection" or "POI" is the point outside Owest's Wire Center
where CLEC's fiber facility meets Owest's Fiber Entrance Facility, except where CLEC uses an
Express Fiber Entrance Facility. In either case, Owest will extend or run the Fiber Entrance
Facility to CLEC's Collocation Space.
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Commission" means the State Regulatory Commission or Board with jurisdiction for the
services provided pursuant to this Agreement. In the State of Idaho
, "
Commission" means the
Idaho Public Utilities 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 Owest, 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.
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 (ILEC).
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).
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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 Owest 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 Owest provided digital transmission path between Owest Wire
Centers, Owest End Office Switches, and Owest 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 9.
Demarcation Point" means the point where Owest 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 "DV A" 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 lOs, DCS 3/1 s
and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 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
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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 IP 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).
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
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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 or
classifications; and (2) that the Telecommunications Carrier or an Affiliate has published,
caused to be published, or accepted for publication in any directory format.
Disturber" is defined as a technology recognized by industry standards bodies that significantly
degrades service using another technology (such as how AMI T1 x 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 5.
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).
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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 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.
1$$ue.No.
Qwest proposed:
Exchange Access" as used in the Agreement shall have the meaning set forth in the Act.
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 (8) 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.
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 8R-01 0-200-01 0
CRIS Exchange Message Record , a Telcordia document that defines industry standards for
exchange message records.
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Is'~u!egNo"
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 Owest to wholesale or retail
Customers. Finished Services do not include Unbundled Network Elements or combinations of
Unbundled Network Elements. Finished Services include voice messaging, Owest provided
DSL, Access Services, private lines, retail services and resold services.
Firm Order Confirmation" or "FOC" means the notice Owest 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 Owest 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 OS 1 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
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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.
IsslIe'.No..1Q
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, 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 (InterLA T A and IntraLA T A) 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
pursuant to Section 252(e) of the Act.
IssueNb. '
Qwest proposed:
Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll
services.
Level 3 Proposed:
Interexchange Carrier" or "IXC" means a Carrier that provides Telephone Toll Service.
Interim Number Portability" or "INP" is a method of number portability, such as Remote Call
Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows
one Party to port telephone numbers from its network to the other Party s network with as little
impairment of quality, reliability and convenience to the customer as possible, but does not
comply with the Local Number Portability performance criteria set forth in 47 C.R. Section
52.23 (a).
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lnterLATA Traffic" describes Telecommunications between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area.
sueN ~:l2
Qwest proposed:
lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area.
Level 3 proposed:
IntraLATA Toll Traffic" describes IntraLATA Traffic that constitutes Telephone Toll Service.
Interoperability" means the ability of a awest ass Function to process seamlessly (i.e., without
any manual intervention) business transactions with CLEC's ass 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 ass Function
and related response. (See also Electronic Bonding.
ISP-Bound Traffic" is as defined in the FCC ISP Order.
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.
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Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference
Document used by LECs and IXCs to identify NPA-NXX routing and homing informatipn as well
as Network Element and equipment designations.
Is$~'e)No.
Qwest proposed:
Local Interconnection Service or "LIS" Entrance Facility" is a OS1 or OS3 facility that extends
from CLEC's Switch location or Point of Interconnection (POI) to the Owest Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the Owest Serving
Wire Center.
Level 3 Proposed:
Level 3 opposed this entire definition , because the term is used by Owest to shift the costs of
Owest's network to Level 3.
Local Interconnection Service" or "LIS" is the Owest 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 04 channel banks and may be located in Remote Terminals or
Central Offices.
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Location Routing Number" or "LRN" means a unique 1 a-digit number assigned to a Central
Office Switch in a defined geographic area for call routing purposes. This 1 a-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.
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.
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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.
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 ass 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 ass
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.
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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
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.
P .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.
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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.25, 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 minutes
to 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.
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
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containing Loop Concentrators or similar structures; and all land owned, leased, or otherwise
controlled by Owest that is adjacent to these Central Offices, Wire Centers, buildings and
structures.
Product Catalog" or "PCA T" is a Owest document that provides information needed to request
services available under this Agreement. Owest agrees that CLEC shall not be held to the
requirements of the PCAT. The PCAT is available on Owest's Web site:
httpllwww.qwest.com/whoiesale/pcat!
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
Elements or combinations thereof from the other with attendant acknowledgments and statusreports.
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
Owest 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
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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.
Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the
telephone network. If an End User Customer changes its local service provider from one Party
to the other Party, using RCF , the old service provider s switch will route the End User
Customer calls to the new service provider by translating the dialed number into another
telephone number with an NXX corresponding to the new service provider s switch. The new
service provider then completes the routing of the call to its new End User Customer.
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.
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 "SO" means the date service is made available to the End User Customer.
This also is referred to as the "Due Date.
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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; and
4) 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,
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.
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Definitions
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 Office/Tandem 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 0 , 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 TOM-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
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
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to End User Customers intercommunicating service of the character ordinarily furnished by
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'
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
Le., 800-like , service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes.
Transaction Set" is a term used by ANSI X12 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 validationinquiry and service address validation response.
Trunk Side" refers to Switch connections that have been programmed to treat the circuit as
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.
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l$sue.t+J()i'3iB
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 mayor 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 called
parties mayor may not bear NPA-NXX codes associated with the physical location of either
party. Because VolP VNXX traffic originates on the Internet, the physical location of the calling
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 a
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.
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Issue'No~16
Qwest proposed:
VoIP" (Voice over Internet Protocol) traffic is traffic that originates in Internet Protocol at the
premises of the party making the call using IP-Telephone handsets, end user premises Internet
Protocol (IP) adapters, CPE-based Internet Protocol Telephone (IPT) 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
treated as an Information Service, and is subject to interconnection and compensation rules and
treatment accordingly under this Agreement based on treating the VolP Provider Point of
Presence ("POP") is an end user premise for purposes of determining the end point for a
specific call. 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
(IPT) 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.
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 into
structures (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.
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Definitions
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.
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Section 5.0 - TERMS AND CONDITIONS
General Provisions
Intentionally 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 5.18, 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.
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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 in
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 sha!lbebinding upon the Parties for a term of three (3) years and shall expireon
" '"" ""'"
:""c:
::, "'
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 SGA T 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.
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The Parties shall make POAs available to each other upon request in the event
of 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 without
further 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-paid
service 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.
5.4.4 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
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within fifteen (15) business Days following the payment due date identifying the amount, reason
and 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.
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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
accident.
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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
50 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 1055 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
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
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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.
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.
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.
Intentionally 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 (each
an 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
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
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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
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.
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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 or
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
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
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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 awest pursuant to an applicable provision herein CLEC may use the phrase
CLEC is a Reseller of awest Services" (the Authorized Phrase) in CLEC's printed materials
provided:
10.The Authorized Phrase is not used in connection with any goods
services other than awest services resold by CLEC.
10.2 CLEC's use of the Authorized Phrase does not cause End User
Customers to believe that CLEC is awest.
10.The Authorized Phrase, when displayed, appears only in text form (CLEC
may not use the awest 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
awest for its prior written approval.
10.If awest determines that CLEC's use of the Authorized Phrase causes
End User Customer confusion , awest 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 awest or destroy all
materials in its possession or control displaying the Authorized Phrase.
10.awest 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
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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
FAULTS.
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.
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
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the transferee with respect to transferee s assumption of Qwest's obligations pursuant to the
terms of this Agreement.
12.Nothing in this section is intended to restrict CLEC'rights to opt into
interconnection agreements under ~ 252 of the Act.
13 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.
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.
15 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.
16 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 by
one 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
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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. ~ 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; orc) 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
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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 InterLA T A services by Owest 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
Information 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.
16.The Parties may disclose, on a need to know basis only, CLEC individual
forecasts and forecasting information disclosed by Owest, to Owest's legal personnel in
connection with their representation of Owest in any dispute regarding the quality or
timeliness of the forecast as it relates to any reason for which CLEC provided it to Owest
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 the
aforementioned personnel may not reveal or discuss such information with those not
authorized to receive it except as specifically authorized by law. Violations of these
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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.
16.The Parties shall maintain confidential forecasting information in secure
files and locations such that access to the forecasts is limited to the personnel
designated in subsection 5.16.1 above and such that no other personnel have
computer access to such information.
17 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 be
resolved 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
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 or
after 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 the
Dispute. 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 settlement
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and 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 (AM) or J.S./Endispute, 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~S.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.
18.All expedited procedures prescribed by the AM or J.S./Endispute
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
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. Owest and CLEC shall attempt, in good faith, to agree on a plan for such
document discovery. Should they fail to agree, either Owest or CLEC may .request a
joint meeting or conference call with the arbitrator. The arbitrator shall resolve any
Disputes between Owest 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
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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) business
days 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.
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.
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.
In the event of a conflict between this Agreement and the rules prescribed by the
AAA or J.S./Endispute, 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
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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.
19 Controlling Law
19.This Agreement is offered by Owest and accepted by CLEC in accordance with
applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance
with applicable federal law and the state law of Idaho.
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 Owest-owned , operated or leased
facilities are identified to be asbestos containing, CLEC and Owest 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. Owest agrees to immediately notify
CLEC if Owest 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.
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 Owest and CLEC at the addresses shown below:
Qwest Corporation
Director-Interconnection Agreements
1801 California, Room 2420
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email- intagree~qwest.com
With copy to:
Owest Law Department
Attn: Corporate Counsel, Interconnection
1801 California Street, 9th Floor
Denver, CO 80202
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and to CLEC at the address shown below:
Level 3 Communications, LLC,
Director - Interconnection Services
1025 Eldorado Blvd.
Broomfield,CO80021
Erp~n:'
;\:;),. ., .,
Phone: [phone]
.' "'.. .. .
;J;,
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 agen,ts 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.
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.
24 Reserved for Future Use
24.Reserved for Future Use.
25 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.
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26 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.
27 Compliance
27.Each Party shall comply with all applicable federal, state, and local laws, rules
and regulations applicable to its performance under this Agreement. Without limiting the
foregoing, Owest and GLEG agree to keep and maintain in full force and effect all permits,
licenses, certificates, and other authorities needed to perform their respective obligations
hereunder.
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 GALEA. 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 GALEA.
29 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
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.
30.Intentionally Left Blank.
30.The provisions of this Agreement, including the provisions of this sentence, may
not be amended, modified or supplemented, and waivers or consents to departures from the
provisions of this Agreement may not be given without the written consent thereto by both
Parties' authorized representative. No waiver by any party of any default, misrepresentation , or
breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend
to any prior or subsequent default, misrepresentation , or breach of warranty or covenant
hereunder or affect in any way any rights arising by virtue of any prior or subsequent such
occurrence.
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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.
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Section 6.0 - RESALE
Description
Owest 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 Owest retail Telecommunications Services are
available for resale from Owest pursuant to the Act and will include terms and conditions
(except prices) in Owest'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
Owest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is
required to provide its Telecommunications Services to Owest for resale by Owest. Upon
request by Owest, CLEC shall make its Telecommunications Services available to Owest 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 Owest 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
Owest shall offer introductory training on procedures that CLEC must use to
access Owest's ass at no cost to CLEC. If CLEC asks Owest personnel to travel to CLEC'
location to deliver training, CLEC will pay Owest's reasonable travel related expenses. Owest
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 Owest 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 Owest retail End User Customers , with no wholesale discount. Should
Owest 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 Owest.2.4 Universal Emergency Number Service is not available for resale.
Universal Emergency Number Service (E911/911 service) is provided with each local
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Exchange Service line resold by CLEC whenever E911/911 service would be provided
on the same line if provided by Owest to a Owest retail End User Customer.
5 Non-Telecommunications Services such
maintenance, calling cards and CPE , are not available for resale.
inside wiring and
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.
Owest 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 Owest'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 Owest
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 Owest CSA, but wishes to provide such service
through alternate resale arrangements, Owest 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, Owest shall be
entitled to apply provisions that provide Owest substantially the same assurances and
benefits that remained to it under the resold agreement as of the time it is changed.
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 (Le. Automatic Route Selection) may not be aggregated across
multiple common blocks. A Centrex system must provide station lines to at least
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 Owest
facilities (cable plant from the serving Central Office Switch) meet CLEC facilities
(inside wire). In a multi-tenant building, Owest may bring facilities directly to a
single Point of Interconnection with CLEC facilities, typically in a basement
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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 be
charged 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 ratingpurposes. CLEC may not specify a Central Office as a CLEC location for the
termination of Centrex station lines.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 A.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:a) Qwest's service credits to CLEC shall be subject to the wholesale
. discount;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;
Intentionally Left Blank.
Intentionally Left Blank.
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Resalee) 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; andf) 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;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; ande) In no case shall Qwest be required to provide duplicate reimbursement
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
Ag reement.
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
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responsible for any failure of CLEC to provide accurate End User Customer information for
listings in any databases in which Owest is required to retain and/or maintain such information.
Owest shall provide CLEC's End User Customer information to the Automatic Location
Identification/Database Management System (All/OMS). Owest shall use its standard process
to update and maintain CLEC's End User Customer service information in the All/OMS used to
support E911/911 services on the same schedule that it uses for its retail End User Customers.
Owest assumes no liability for the accuracy of information provided by CLEC.
If Owest provides and CLEC accepts Owest'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 Owest shall
follow all Applicable Laws, rules and regulations with respect to PIC changes. Owest shall
disclaim any liability for CLEC's improper InterLATA and IntraLATA PIC change requests, and
CLEC shall disclaim any liability for Owest's improper InterLA T A (when applicable) and
IntraLA T A PIC change requests.11 When End User Customers switch from Owest 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 Owest 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
its End User Customers of the termination. In no case shall Owest be responsible for providing
such notice to CLEC's End User Customers. Owest will provide notice to CLEC of Owest'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, Owest will construct facilities to the extent necessary to satisfy its obligations to
provide basic local Exchange Service as set forth in Owest's retail Tariff and Commission rules.
Under such circumstances, Owest 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 Owest 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.
Rates and Charges
Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offerings available for resale but
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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 Owest 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 IntraLATA Carrier must be
requested by CLEC on behalf of its End User Customer, and Owest 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 Owest 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
be amended pursuant to this Section. With respect to all such charges, Owest 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 Owest 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, Owest 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.
Owest shall timely bill new or changed Commission-ordered resale rates or
charges using the effective date for such rates or charges as ordered by the Commission. If
Owest bills CLEC amounts different from new or changed rates or charges after the effective
date of such rates or charges Owest 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 on
changes in Owest'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.
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Section 6
Resale10 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.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.
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 T)
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 End
User 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
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Section 6
Resale
Provider. Owest 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 Owest and Owest 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 Owest in the event special attention is required on a service
req uest.
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 Owest through Operational Support Systems or by facsimile.
Intervals provided to CLEC shall be equivalent to intervals provided by Owest to itself, its
Affiliates, its subsidiaries, other Resellers, and to Owest's retail End User Customers.
Billing
Owest 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.
Owest shall provide CLEC, on a monthly basis, within seven (7) to ten (10)
calendar Days of the last day of the most recent Billing period, in an agreed upon standard
electronic Billing format 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
Owest 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 Owest'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 Owest and the End User Customer s facilities, without the written consent
of Owest.
Maintenance and Repair procedures are detailed in Section 12. Access to
telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively.
CLEC and Owest will employ the procedures for handling misdirected repair calls
as specified in Section 12.8 of this Agreement.
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Section 6
Resale
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.
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Section 7
Interconnection
Section 7.0 - INTERCONNECTION
Interconnection Facility Options
IssUeiNo.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), IntraLATA Toll
carried solely by local exchange carriers and not by an IXC (IntraLA T A LEC toll), ISP-Bound
traffic, and Jointly Provided 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 IntraLATA LEC Toll 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.
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'inability to conduct a post-
provisioning operational verification audit due to insufficient cooperation by CLEC or CLEC'
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.
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Interconnection
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'
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.
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 SP~!. 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.
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 this requirement. 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.
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Section 7
Interconnection
Methods of Interconnection
$sU'e.: No F1S
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 Owest
territory 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 Owest provided facility; (2) Collocation; (3) negotiated Mid-
Span Meet POI facilities; or (4) other Technically Feasible methods of Interconnection, such as
an OCn Owest 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 Owest as a product.
OCn Owest 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 Owest wire
center, (2) a collocation site established by a third party at Owest wire center, or (3) transport
(and entrance facilities where applicable).
CLEC shall establish one POI at any technically feasible point on Owest's network within each
LATA in which CLEC desires to exchange traffic directly with Owest by any of the following
methods:
a collocation site established by CLEC at a Owest Wire Center
a collocation site established by a third party at Owest Wire Center, or;
transport (and entrance facilities where applicable) ordered and purchased by
CLEC from Owest; or
Fiber meet point.
CLEC shall establish one POI on Owest's network in each LATA. POls may be established by
CLEC through:
a collocation site established by CLEC at a Owest Wire Center
a collocation site established by a third party at Owest Wire Center
transport (and entrance facilities where applicable) ordered and purchased by
CLEC from Owest at the applicable Owest intrastate access rates and charges;
Fiber meet point.
1 Owest-provided Facility. Interconnection may be accomplished through
the provision of a DS 1 or DS3 entrance facility of CLEC's determination. An entrance
facility extends from the Owest Serving Wire Center to CLEC's Switch location or any
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Technically Feasible POI chosen by CLEC. Owest provided entrance facilities may not
extend beyond the area served by the Owest Serving Wire Center. The rates for Owest
provided entrance facilities are provided in Exhibit A. Owest's private line transport
service is available as an alternative to Owest 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.
Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by Owest. 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 10cal/lntraLA T A and Jointly Provided Switched Access
Interconnection 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 Owest. Owest 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 DS1 s 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.
2.4 Intentionally Left Blank.
Owest agrees to provide local Interconnection trunk diversity to the same
extent it does so in Owest's local network.
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Section 7
Interconnection
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 appropriate
charges 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 LEC Toll traffic.
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'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;
ISP-Bound Traffic as described in Section 7.6 below.
Terms and Conditions
Transport and Termination of Exchange Service (EAS/Local) Traffic.
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Is$ij;NoI"1'."
Qwest proposed:
Exchange Service (EAS/Local) traffic will be terminated as Local
Interconnection Service (LIS).
level 3 proposed:
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.
IssUe/No. liD
Qwest proposed:
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'
Exchange Service EAS/Local traffic to the terminating Party s End Office
Switch or Tandem Switch for call termination. Transport may be
purchased from Qwest as Tandem Switch routed (Le., tandem switching,
tandem transmission and direct trunked transport) or direct routed (Le.
direct trunked transport). This Section is not intended to alter either
Party s obligation under Section 251 (a) of the Act.
level 3 proposed: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
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Section 7
Interconnection
Exchange Service EAS/Local traffic to the terminating Party s 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.
Issue(No.1..
Qwest proposed: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 proposed: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 arrangements
and 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.
IntraLATA LEC Toll Traffic.
IntraLATA LEC 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.
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Section 7
Interconnection
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 Interexchange Carriers. That
traffic is defined as Jointly Provided Switched Access.
To the extent Technically Feasible, the Parties involved in
transporting transit traffic will deliver calls to each involved network with
CCS/SS7 protocol and the appropriate ISUPITCAP messages to facilitate full
Interoperabilityand 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 IntraLATA LEC Toll traffic where Qwest is the designated IntraLATA Toll
provider for existing LECs, Qwest will be responsible for payment of appropriate
usage rates.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 Party
will 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)
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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.Qwestcom/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
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.
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.
Issue,NoO:
Qwest proposed: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
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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 in its network at
the time of that order. Seven (7) months after submission of the forecast, Owest
will have the necessary capacity in place to meet orders against the forecast.
For ordering information see Section 7.4. See also Section 7.
Level 3 proposed: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. 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 (500/0) of trunks-in-service,
Owest will make capacity available in accordance with the lower forecast.
Issue N 0.
Qwest proposed:
Three (3) weeks after a forecasting cycle, Owest 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
(500/0) of trunks in service each month, Owest will make capacity
available in accordance with the higher forecast if CLEC provides Owest
with a deposit according to the following terms. As to the difference
between the lower and higher forecast, Owest reserves the right to
require, prior to construction, a refundable deposit of up to one hundred
percent (1000/0) 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 (500/0) of trunks in service
each month. Owest will return the deposit if CLEC's state-wide average
trunks in service to trunk usage (utilization) ratio exceeds fifty percent
(500/0) within six (6) months of the forecasting period to which the deposit
applies. If CLEC does not achieve the fifty percent (500/0) utilization within
six (6) months, Owest will retain a pro-rata portion of the deposit to cover
its capital cost of Provisioning. The pro-rata shall assume a full refund
when the state-wide average utilization ratio meets or exceeds fifty
percent (500/0) 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
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when the highest state-wide average utilization ratio for anyone of the six
(6) months after receipt of deposit is twenty-five percent (250/0). In the
event Qwest does not have available facilities to provision Interconnection
trunking orders that CLEC forecasted and for which CLEC provided a
deposit, Qwest will immediately refund a pro rata portion of the deposit
associated with its facility shortfall. Ancillary trunk groups, such as mass
calling, are excluded from the ratio.
level 3 proposed:
Level 3 proposes to delete this section.
5 UeNc)~
Qwest proposed:
Where there is a reasonably reliable basis for doing
, 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.
level 3 proposed:
Level 3 proposes to delete this 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.
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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 Owest Web site.
Owest Tandem Switches and Owest End Office Switches (LERG);
CLL! codes (LERG);
Business/Residence line counts (ICONN);
Switch type (LERG or ICONN); and
Current and planned Switch generics (ICONN).
Owest will notify CLEC six (6) months prior to LERG amendment, the anticipation
of a new local Tandem Switch.10 Owest network disclosure of deployment information for specific
technical capabilities (e., ISDN deployment, 64 CCC, etc.) shall be provided on
Owest's web site, http://www.qwest.com/disclosures.11 When appropriate, Owest will notify CLEC through the Owest
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.
The following terms shall apply to the forecasting process:
12.CLEC forecasts may be provided to Owest as
detailed in Owest's Trunk Forecast Form;
12.CLEC forecasts provided to Owest, information
provided by CLEC to Owest outside of the normal forecasting process to
modify the forecast, and forecasting information disclosed by Owest 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 (500/0) of rated busy-hour capacity
each month of any consecutive three (3) month period, Owest will notify CLEC of
Owest's desire to resize the trunk group. Such notification shall include Owest'
information on current utilization levels. If CLEC does not submit an ASR to
resize the trunk group or provide Owest with its reasons for maintaining excess
capacity within thirty (30) calendar Days of the written notification, Owest may
reclaim the unused facilities and rearrange the trunk group. When reclamation
does occur, Owest shall not leave the GLEe-assigned trunk group with less than
twenty-five percent (250/0) excess capacity. Ancillary trunk groups are excluded
from this treatment.
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Intentionally 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
circumstances. Construction Charges shall not apply in the event that
construction is an augment of an existing route.
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.
Directory Assistance trunks (where the Switch type requires
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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.
~1$,ileL~9:;f:~'
Qwest proposed:
Exchange Service (EAS/Local), ISP-Bound Traffic,
IntraLATA LEC Toll , 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
Access, on the same trunk group, Le. 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 InterLA T A and/or
InterLATA traffic in proportion to the total amount of traffic exchanged
over such interconnection facility. Otherwise each party remains 1000/0
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
interLA T A (intrastate and interstate) and the remaining 800/0 is Section
251 (b)(5) Traffic, CLEC would pay Qwest an amount equal to 200/0 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. ~ 51.703. Accordingly, unless otherwise expressly authorized
according to Section 7., 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
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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.
Iss.l.IeJ'Not.2\ B
Qwest proposed:
CLEC may combine originating Exchange Service
(EAS/Local) traffic, ISP-Bound Traffic IntraLATA LEC Toll , VolP Traffic
and Switched Access Feature Group D traffic including Jointly Provided
Switched Access traffic, on the same Feature Group D trunk group.
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 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
IntraLATA LEC Toll 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
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limited to operator services trunking, Directory Assistance trunking, 911
trunking and any others currently available in the Owest network only on
MF signaling.Owest will not require a Bona Fide Request to accomplish
Interconnection with a Owest Central Office Switch not currently equipped
for SS7 and where MF signaling is used. When the SS7/CCS option
becomes available in the Owest 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.
IssueWNo~/1.
Qwest proposed:
The Parties shall terminate Exchange Service (EAS/Local) traffic
on Tandem Switches or End Office Switches. CLEC may interconnect at either
the Owest local tandem or the Owest access tandem for the delivery of local
exchange traffic. 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 Owest End Office Switch, Owest may request
CLEC to order a direct trunk group to the Owest End Office Switch. CLEC shall
comply with that request unless it can demonstrate that such compliance will
impose upon it a material adverse economic or operations impact. Furthermore
Owest 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 Owest cost-equivalency
proposal, Owest 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 Owest End Office Switch, Owest may request
CLEC to order a direct trunk group to the Owest End Office Switch.
Notwithstanding references to Owest's ability to requests that CLECs order direct
trunk groups to the Owest end office, nothing in this agreement shall e shall be
construed to require CLEC to pay Owest for any services or facilities on Owest'
side of the POI in connection with the origination of traffic from Owest to CLEC;
and nothing herein shall be construed to require CLEC to pay for any services or
facilities on Owest's side of the POI in connection with the termination of traffic
from CLEC by Owest, other than reciprocal compensation payments as provided
in this Agreement.
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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 parameters.
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.
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
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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.
Reci procal Com pensation
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 Owest's network. Where
either Party acts as an IntraLATA Toll provider, each Party shall bill the other the appropriate
charges 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 DS1 or DS3 facilities dedicated to
use by LIS.
If CLEC chooses to use an existing facility purchased as private
line transport service from the Owest state or FCC access Tariffs, the rates from
those Tariffs will apply.
Iss LJe.~o:i ~I,
Intentionally Left Blank.
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 LIS two-way
facilities 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 (RUF) of fifty percent (500/0) for a minimum of one (1)
quarter if the Parties have not exchanged LIS traffic previously. 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 (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 to substantiate a change in that factor. If a CLEC's End User
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Customers are assigned NPA-NXXs associated with a rate center different from
the rate center where the Customer is physically located, traffic that does not
originate and terminate within the same Owest local calling area (as approved by
the Commission), regardless of the called and calling NPA-NXXs, involving those
Customers is referred to as "VNXX traffic For purposes of determining the
RUF, the terminating carrier is responsible for ISP-bound traffic and for VNXX
traffic. If either Party demonstrates with non-ISP-bound traffic data that actual
minutes of use during the first quarter justify a new relative use factor, that Party
will send a notice to the other Party. Once the Parties finalize a new factor, the
bill reductions and payments will apply going forward, from the date the original
notice was sent. ISP-bound traffic or traffic delivered to Enhanced Service
providers is interstate in nature. Owest has never agreed to exchange VNXX
Traffic with CLEC.
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.
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, DS 1 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
IntraLATA LEC Toll, or Jointly Provided Switched Access traffic, the applicable
DTT rate elements apply between the Serving Wi"re Center and the Tandem
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Switch. Additional rate elements for delivery of traffic to the terminating End
Office Switch are tandem switching and tandem transmission. These rates are
described below.
Mileage shall be measured for OTT 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 OSO, OS1 or OS3 and per mile charges are
defined for OTT in Exhibit A of this Agreement.
. ....
Is~lIeNcL1YH
Qwest proposed:
If the Parties elect to establish LIS two-way OTT trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic the cost of the LIS two-way OTT
facilities shall be shared among the Parties by reducing the LIS two-way OTT rate
element charges as follows:
Direct Trunked Transport - The provider of the LIS two-way OTT facility
will initially share the cost of the LIS two-way OTT facility by assuming an initial relative
use factor of fifty percent (500/0) for a minimum of one (1) quarter if the Parties have not
exchanged LIS traffic previously. The nominal charge to the other Party for the use of
the OTT 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 to substantiate a change in that factor. If a
CLEC's End User Customers are assigned a NPA-NXXs associated with a rate center
other than the rate center where the Customer is physically located, traffic that does not
originate and terminate within the same Qwest local calling area (as approved by the
Commission), regardless of the called and calling NPA-NXXs involving those
Customers is referred to as "VNXX traffic . For purposes of determining the RUF , the
terminating carrier is responsible for ISP-bound traffic and for VNXX traffic. If either
Party demonstrates with non-ISP-bound traffic data that actual minutes of use during the
first quarter justify a new relative use factor, that Party will send a notice to the other
Party. Once the Parties finalize a new factor, the bill reductions and payments will apply
going forward , from the date the original notice was sent. ISP-bound traffic is interstate
in nature. Qwest has never agreed to exchange VNXX Traffic with CLEC.
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 (OS1/0S3 MUX or OSO/OS1 MUX) are available at
rates described in Exhibit A.
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Trunk Nonrecurring charges
Iss oe'N o;~11
Qwest proposed:
Installation nonrecurring charges may be assessed by the provider for
each LIS trunk ordered. Owest rates are specified in Exhibit A.
Level 3 proposed:
Neither Party may charge (and neither Party shall have an obligation to
pay) 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.
Is$'u&N()~i1
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 to
pay) any nonrecurring charges for rearrangement assessed for any LIS trunk
rearrangement 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.
Exchange Service (EAS/Local) and VolP Traffic
ssu:e.Nof'
Qwest proposed:
3.4.Intercarrier compensation for Exchange Service (EAS/Local) and VolP
traffic exchanged between CLEC and Owest (where the end users are physically located
within the same Local Calling Area) will be billed at $.0007 per MOU.
3.4.The Parties will not pay reciprocal compensation on traffic, including
traffic that a Party may claim is ISP-Bound Traffic, when the traffic does not originate
and terminate within the same Owest local calling area (as approved by the state
Commission), regardless of the calling and called NPA-NXXs and specifically
regardless of whether an End User Customer is assigned an NPA-NXX associated with
a rate center different from the rate center where the customer is physically located
(a/kla "VNXX Traffic ). Owest's agreement to the terms in this paragraph is without
waiver or prejudice to Owest's position that it has never agreed to exchange VNXX
Traffic with CLEC.
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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.
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
h;sue;Nd~3'
Qwest proposed:
Subject to the terms of this Section , intercarrier compensation for ISP-
bound traffic exchanged between Qwest and CLEC (where the end users are physically
located within the same Local Calling Area) 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.
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 $.0007 per MOU.
Issue;Nd(.~9
Qwest proposed:
Identification of ISP-Bound Traffic - unless the Commission has
previously ruled that Qwest's method for tracking ISP-bound Traffic is sufficient, Qwest
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will presume traffic delivered to CLEC that exceeds a 3: 1 ratio of terminating (Qwest to
CLEC) to originating (CLEC to Qwest) traffic is ISP-Bound traffic. Either Party may rebut
this presumption by demonstrating the factual ratio to the state Commission.
Level 3 proposed:
Identification of ISP-Bound Traffic -- Qwest will presume traffic delivered
to CLEC that exceeds a 3: 1 ratio of terminating (Qwest to CLEC) to originating (CLEC to
Qwest) traffic is ISP-Bound traffic. Either Party may rebut this presumption
demonstrating the factual ratio to the state Commission. Traffic exchanged that is not
ISP-Bound traffic will be considered to be section 251 (b)(5) traffic.
Is$UeN.
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
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.
IssueNb~i2()
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
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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
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 (50/0) of the total Exchange Service (EAS/Local) and IntraLATA LEC 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
IntraLATA LEC Toll calls exchanged without CPN information will be billed as either Exchange
Service (EAS/Local) Traffic or IntraLATA LEC Toll 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: awest 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 (50/0) 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.
IssoeNoi'
Qwest proposed:
To the extent a Party combines Exchange Service (EAS/Local), IntraLATA LEC Toll
and Jointly Provided Switched 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'
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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 (InterLA T A and IntraLA T A 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:
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 IP-TDM and TOM to IP 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,
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" (Le. "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 22.340/0); (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 total IP-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.
respectively, below. Accordingly, the PIPU factor is based upon CLEC's actual and verifiable
Call Detail Records of IP-originated traffic
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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 a 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 20/0, 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, (Le.
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.
, .
Issue No. 21
Level 3 Proposed:
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 onlyto the administrative processes needed to establish interconnection and trunking
arrangements and shall have no effect on either Party s financial obligations to the other.
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Qwest proposed:
Owest objects to the insertion of this language.
7.4.. For each NXX Code assigned to CLEC by the NANPA, CLEC will provide Owest
with the CLLI codes of the Owest 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 Owest with the Owest 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 Owest web site:
http://www.qwest.com/wholesale/notices/npa nxxProcess. html.
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 OS 1 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 DS1 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.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.Intentionally 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.Owest will establish intervals for the provision of LIS trunks that conform to the
performance objectives set forth in Section 20. Owest will provide notice to CLEC of any
changes to the LIS trunk intervals consistent with the Change Management Process (CMP)
applicable to the PCA T. Operational processes within Owest work centers are discussed as
part of the CMP. Owest 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;
Intentionally Left Blank.
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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 31 st calendar Day beyond the Service Date.
7.4.Intentionally 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 defined
in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD) (Technical
Reference SR-TAP-OOO984). 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
~222 of the Communications Act and shall be used solely for the purposes of Billing the wireline
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'
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 ~222
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
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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 CMOS 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 CMOS 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
inbound Toll Free Service. No adjustments to bills via tapes, disks or Network Data Mover
(NOM) will be made without the mutual agreement of the Parties.
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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 (HV AC); 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 Qwest
Premises. In Wire Centers, space will be made available in single frame bay
increments. In Wire Centers, the current minimum square footage is nine (9) square feet
per bay, however, if smaller bays are or become available Qwest will reduce the
minimum square footage accordingly. Space will be provided utilizing industry standard
equipment bay configurations in which CLEC can place and maintain its own equipment.
CLEC is responsible for the procurement, installation and on-going maintenance of its
equipment as well as the Cross Connections required within CLEC's leased Collocation
space.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to
share or sublease a single Collocation enclosure. Under Shared Physical Collocation
one 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
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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 Owest 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. Owest will prorate the charge for site conditioning and
preparation undertaken by Owest 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. Owest 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 Owest utilize a Shared Collocation arrangement
Owest 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
Owest. Owest 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 Owest Wire Center. With ICDF
Collocation , CLEC will have access to the Owest 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. If
CLEC desires a dedicated distribution frame for the purpose of facilitating
CLEC's combination of UNEs and ancillary services, CLEC may do so through
the placement of a GLEe-owned Cross Connection device collocated in the
Owest Wire Center through either Caged or Cageless Physical Collocation.
Adjacent Collocation - is available in those instances where space is
legitimately exhausted in particular Owest Premises to accommodate Physical
Collocation. Owest shall make space available in adjacent controlled environmental
vaults , controlled environmental huts, or similar structures to the extent Technically
Feasible. Owest shall permit CLEC to construct or otherwise procure such an adjacent
structure on property owned, leased or otherwise controlled by Owest, subject only to
applicable OSHA, EPA, federal, state , and local safety and maintenance requirements.
Such adjacent structure shall be in accordance with Owest's design and space planning
for the site. CLEC may propose the design for the adjacent structure, subject to Owest'
approval , which approval may not be unreasonably withheld or delayed. Owest must
provide power and physical Collocation services and facilities, subject to the same
nondiscrimination requirements as applicable to any other physical Collocation
arrangement. Owest 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 Owest, by CLEC itself, or a third party.
Common Area Splitter Collocation - See Section 9.4 for a description.
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Remote Collocation - allows CLEC to collocate equipment in or adjacent
to a Qwest Remote Premises. The terms for Remote Collocation are set forth more fully
in Section 8.7 and 8.4.
With respect to Cross Connections for access to Subloop
elements in multi-tenant environments (MTE) and field connection points (FCP),
the provisions concerning Subloop access and intervals are contained in Section
3. This type of access and Cross Connection is not Collocation.
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 in
accordance with all applicable federal and state laws.
In accordance with the FCC rules regarding combinations of
Unbundled Network Elements and Commingling of facilities and services which
are addressed in Sections 9.1 and 9.23, 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.
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 A TMs, 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
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
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type of equipment for Interconnection or access to Unbundled Network Elements,
Qwest will allow future Collocations of similar equipment without requesting a
written justification unless and until Qwest can establish to the state Commission
that such equipment is not intended for Interconnection or access to Unbundled
Network Elements. However, Qwest will complete the Collocation within the
appropriate interval unless granted relief by the Commission.
Remote Switching Units (RSUs) also meet this legal standard
when used for Interconnection or access to Unbundled Network Elements for
purposes of providing Local Exchange Service.2.4 Except as provided for in Sections 8.1 through 8.
above, CLEC may not collocate equipment that is not necessary for
Interconnection or access to Unbundled Network Elements.
CLEC must identify what transmission and Cross Connection equipment
will be installed and the vendor technical specifications of such equipment so that Qwest
may verify the appropriate power, floor loading, heat release, environmental particulate
level, HV AC, and tie cables to GLEe-provided Cross Connection device.1.4 Demarcation points for Unbundled Network Elements (UNEs) and
ancillary services. The Demarcation Point for Unbundled Network Elements and
ancillary services is that physical point where Qwest shall terminate its Unbundled
Network Elements and ancillary services for access by CLEC. There are two (2)
standard Demarcation Points where Unbundled Network Elements and ancillary services
may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation
Points for its access to UNEs and ancillary services. One available Demarcation Point is
at GLEe-provided Cross Connection equipment in CLEC'Physical or Virtual
Collocation space. Alternatively, the Demarcation Point can be at an Interconnection
Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC
and Qwest. To the extent CLEC selects a Demarcation Point outside of its collocated
space, CLEC shall provide and Qwest shall install the tie cables from 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 GLEe-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; ord) at a direct connection point of termination as described in Section
11.2; or
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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;
g)
whether the Wire Center is equipped with DS3 capability; andh) the number and description of Qwest and its Affiliates and reservations
of space by all CLECs.
A Space Availability Report Charge in Exhibit A wit! apply to
each Space Availability Report requested by CLEC and shall apply on per
Premises basis.
Inventory Report - Remote Premises. The locations of the
Remote Premises (e., Feeder Distribution Interfaces
, "
FDI") and the Customer
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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. (ICONN is
available 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 for
Caged 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 available
due to lack of sufficient space, and CLEC did not specify an alternative form of
Collocation on the original order form, CLEC will be required to submit a new order for
CLEC'preferred alternative Collocation arrangement. If CLEC identifies alternate
choices for Collocation on its original Collocation request, Qwest will determine the
feasibility of the next preferred option in the event CLEC's first choice is not available.
To the extent possible, Qwest shall make contiguous space available to CLEC when it
seeks to expand its existing Collocation space. Where adjoining space is not available
Qwest will engineer a route for CLEC to provide facilities between the non-adjoining
CLEC Collocation spaces as part of the Collocation order. When planning renovations
of existing facilities or constructing or leasing new facilities Qwest shall take into
account projected demand for Collocation of equipment.
10.Space Denial Queue - Qwest will maintain a list of denied
Collocation requests, in order of the date of receipt (Space Denial Queue), for
each Premises where Qwest has exhausted Collocation space. A separate
queue will be maintained for each Premises. When space becomes available in
a Premises in which a queue has developed, 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
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.
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11 If Owest denies a request for Collocation in a Owest Premises due to
space limitations, Owest shall allow CLEC representatives to tour the entire Premises
escorted by Owest personnel within ten (10) calendar Days of CLEC's receipt of the
denial of space, or a mutually agreed upon date. Owest will review the detailed floor
plans for the Premises with CLEC during the tour, including Owest reserved or optioned
space. Such tour shall be without charge to CLEC. If, after the tour of the Premises,
Owest and CLEC disagree about whether space limitations at the Premises make
Collocation impractical, Owest and CLEC may present their arguments to the
Commission. In addition, if after the fact it is. determined that Owest has incorrectly
identified the space limitations, Owest will honor the original Collocation Application date
for determining RFS unless both Parties agree to a revised date.12 Owest 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 Owest claims that Physical Collocation is not practical because of space
limitations.13 Owest will maintain a publicly available document, posted for viewing on
the Internet (www.awestcom/whoiesale/notices/colio/spaceavail.html)indicating all
Premises that are full, and will update this document within ten (10) calendar Days of the
date at which a Premises runs out of physical space and will update the document within
ten (10) calendar Days of the date that space becomes available. In addition, the
publicly available document shall include, based on information Owest 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 Owest 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
14.Reclamation of Space -- Reclamation of space is performed by
Owest removing unused , obsolete Owest equipment to make space for
equipment use. The cost of removal of the obsolete unused equipment shall be
borne by Owest
14.If CLEC issues a forecast or reservation for Collocation
Owest shall use its best judgement to determine whether it would be
appropriate to reclaim space and or equipment to meet expected
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Collocation requirements.
14.If CLEC issues a Collocation Application and
unused, obsolete equipment must be removed to provide the requested
Collocation, Owest will affirmatively remove such unused, obsolete
equipment as necessary to fulfill the Collocation request within the
applicable interval set forth in section 8.4.
14.Reconditioning of Space -- Reconditioning of space is the
remodeling of space for equipment use, such as, but not limited to, adding
HV AC. The Collocation feasibility study will identify whether reconditioning of
space is available and necessary to meet CLEC needs for Collocation. If
requested by CLEC, Owest 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 Owest by submitting a Collocation
Cancellation applicationwritten request by certified mail to the Owest account manager.
CLEC shall be responsible for payment of all costs incurred by Owest up to the point
when the cancellation is received. Collocation Cancellation is available for all
Collocations under a particular billing authorization number (BAN) for which the CLEC
has not received notification of completion from Owest. 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. Owest will
provide acknowledgment of acceptance or rejection of the Collocation
Cancellation application within one (1) business day of receipt. Owest will stop
work on a Collocation in progress upon receipt and acceptance of a Collocation
Cancellation application. A request for cancellation is irrevocable once Owest
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.
15.Owest will not charge for canceling the Collocation job except for
work already completed as of acceptance by Owest of the Collocation
Cancellation application. Charges will be based on when Owest receives the
Collocation Cancellation application and the completion status of the Collocation
work. A quote will be issued within thirty (30) calendar Days of Owest'
acceptance of the Collocation Cancellation application.16 Owest may retain a limited amount of floor space for its own specific
future uses, provided, however, that neither Owest nor any of its Affiliates may reserve
space for future use on terms more favorable than those that apply to CLEC'
reservation of Collocation space for CLEC's own future use. Owest shall relinquish any
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space held for future use before denying a request for Virtual Collocation or Physical
Collocation on the grounds of space limitations, unless Owest 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 Owest installations and structures meet
earthquake rating requirements as contained in the Network Equipment Building System
(NEBS) - BR GR-63-CORE document. A list of Owest Premises and the applicable
related earthquake ratings is available for review on the Owest website at:
http://www.qwest.com/whoiesale/pcat!collocation. html18 Owest will review the security requirements, issue keys, 10 cards and
explain the access control processes to CLEC. Such requirements are available for
review at the Owest website at: http://www.qwest.com/whoiesale/pcat!collocation.htmi.
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, Owest personnel are subject to trespass violations if they are found to be
wrongfully inside CLEC physical caged collocated areas or if they wrongfully provide
access to unauthorized individuals. In no event shall any Owest security requirements
communicated to CLEC be any more stringent than those imposed on Owest'
employees 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.Owest will take all reasonable measures to insure that CLEC
equipment collocated in Owest Premises is afforded physical security at Parity
with Owest's similarly situated equipment. Should an event occur within a Owest
Premises that suggests vandalism or other tampering with CLEC's equipment
Owest will , at CLEC's request, vigorously and thoroughly investigate the
situation. CLEC shall cooperate in the investigation as requested by Owest.
Owest will keep CLEC apprised of the progress of any investigation , and report
any conclusions in a timely manner.19 Owest 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 Owest Premises. Owest
shall provide CLEC with access to other basic facilities, including parking, where
available on a first-come, first-served basis.20 CLEC shall be restricted to corridors, stairways, and elevators that
provide direct access to CLEC's space, or to the nearest restroom facility from CLEC'
designated space, and such direct access will be outlined during CLEC's orientation
meeting. Access shall not be permitted to any other portion of the building.21 Nothing herein shall be construed to limit CLEC's ability to obtain more
than one form of Collocation (Le., Virtual, Caged , Shared and Cageless Physical
Collocation or ICOF Collocation) in a single Premises, provided space is available.
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22 Termination of Collocation Arrangement. CLEC may terminate a
completed Collocation arrangement by submitting a written request via certified mail to
the Owest account manager. Owest shall provide CLEC a quotation for the costs of
removing CLEC's collocated equipment and associated cabling and structure, which will
be paid by CLEC within thirty (30) days of the removal of the equipment by Owest.
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 Owest 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 Owest 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, Owest 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, Owest will notify CLEC of available options.
When CLEC notifies Owest of CLEC's preferred option , Owest will proceed with the
route design and quote preparation. If CLEC elects to have Owest 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 own
choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically
Feasible connecting facilities outside of the actual physical Collocation space , subject
only to reasonable NEBS Level 1 safety limitations using the route specified by Owest.
CLEC may perform such Interconnections at the ICDF if desired. CLEC may
interconnect its network as described herein to any other collocating Carrier, to any
collocated Affiliate of CLEC, to any End User 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:
23.CLEC-to-CLEC Cross Connections at the ICDF.
23.1 CLEC-to-CLEC Cross Connection (CaCC-X)
defined as CLEC'capability to order a Cross Connection from it'
Collocation in a Owest Premises to its non-adjacent Collocation space or
to another CLEC's Collocation within the same Owest Premises at the
ICDF.
23.Owest will provide the capability to combine these
separate Collocations through an Interconnection Distribution Frame
(ICDF). This is accomplished by the use of CLEC's Connecting Facility
Assignment (CFA) terminations residing at an 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
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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.
23.If two CLECs are involved, one CLEC acts as the
ordering" CLEC. The ordering CLEC identifies both connection CFA's on
the ASR. CLEC requests service order activity by using the standard
ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and Billing Forum). Refer to the DMP (Document Management
Platform)/Carrier/Carrier Centers/"ASOG" for copies of all forms
including definitions of the fields. CLEC is responsible for obtaining these
forms. Owest must not reproduce copies for its Customers, as this is a
copyright violation. The standard industry forms for CLEC-to-CLEC
Cross Connections (COCC-X) are: Access Service Request (ASR),
Special Access (SPE) and Additional Circuit Information (ACI).24 Owest will provide CLEC the same connection to the network as Owest
uses for provision of services to Owest End User Customers. The direct connection to
Owest's network is provided to CLEC through direct use of Owest's existing Cross
Connection network. CLEC and Owest will share the same distributing frames for
similar types and speeds of equipment, where Technically Feasible and space
permitting.25 CLEC terminations will be placed on the appropriate Owest Cross
Connection frames using standard engineering principles. CLEC terminations will share
frame space with Owest terminations on Owest frames without a requirement for an
intermediate device.26 If CLEC disagrees with the selection of the Owest Cross Connection
frame CLEC may request a tour of the Owest 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 Owest must first provide a quote of all conversion charges that will apply
for Collocation Acceptance under Section 8.4.6 by CLEC.28 Owest shall permit CLEC to construct or subcontract the construction and
build-out of Physical Collocation arrangements with contractors approved by Owest.
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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. Owest approval of CLEC
contractors involves security access arrangements and shall not be unreasonably
withheld. CLEC is not required to use Owest or Owest contracted personnel for the
engineering and installation of CLEC's collocated equipment. Approval by Owest of
CLEC's employees, vendors or subcontractors shall be based on the same criteria that
Owest uses in approving contractors for its own purposes. Such standards are availablefor review on the Owest website at:
http://www.owest.com/whoiesale/pcat!collocation.htmi29 Owest 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 Owest
facility. This does not include notification of routine power testing or power installation
work not expected to cause a power disruption. Owest will use diligent efforts to notify
CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon
as Owest 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, Owest 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 Owest 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
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 Owest. CLEC must provide contact
information on the application for Owest to arrange the Joint Testing date and time.
Owest will acknowledge acceptance of the application within ten (10) calendar Days of
receipt. Joint Testing will be complete within ninety (90) calendar Days of the RFS if
Joint Testing is requested on the Collocation application form or ninety (90) calendar
Days from acceptance of the Joint Testing application form.
31.Owest will only test between CLEC Collocation and the ICDF
once CLEC equipment is in place. Joint Testing is only available for the
terminations identified on the Collocation application or Joint Testing application.
If CLEC wants additional terminations tested that are not identified on its initial
application, CLEC will need to complete a new Joint Testing application.
31.Each Party will provide appropriate test equipment for its
technicians. Owest will assist CLEC in conducting continuity tests
terminations at the ICDF. Owest will not operate CLEC test equipment. If errors
are found during the Joint Testing, Owest will only repair Owest network faults.
CLEC is responsible for replacement or repair of GLEe-provided facilities.
31.If during the scheduled Joint Testing, the Owest-caused error rate
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is more than two percent (20/0) on the terminations identified for testing, awest
will not charge for this Joint Testing. If there are less than two percent (20/0)
errors found or if the errors found are facility errors on CLEC provided facilities
awest will charge for the Joint Testing. One (1) pair is counted as two (2)
terminations and errors are counted on a one (1) termination basis. If CLEC
requests that the charges be waived because awest errors are found during
Joint Testing, awest may access CLEC's Collocation space to identify if the
facility cabling sequence is correct, per applicable standards. CLEC may review
awest facility cabling at the ICDF to verify the cable sequence, per applicable
standards.
Terms and Conditions - Virtual Collocation
awest 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 , awest shall install, maintain
and repair collocated equipment within the same time periods and with failure rates that
are no greater than those that apply to the performance of similar functions for
comparable equipment of awest.
CLEC will not have physical access to the virtually collocated equipment
in the awest Premises. However, CLEC will have physical access to the Demarcation
Point in the awest Premises.
CLEC will be responsible for obtaining and providing to awest
administrative codes (e.common language codes) for all equipment provided by
CLEC and installed in awest Premises.2.4 CLEC shall ensure that upon receipt of CLEC'virtually collocated
equipment by awest, all warranties and access to ongoing technical support are passed
through to awest 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 awest.
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 awest interface
specifications (e., electrical , functional , physical and software) of CLEC'virtually
collocated equipment. Such safety and engineering standards shall apply to GLEC
equipment only to the degree that they apply to awest equipment located in awest'
Premises.
CLEC must specify all software options and associated plug-ins for its
virtually collocated equipment.
CLEC will be responsible for payment of awest'initial direct training
charges associated with training awest employees for the maintenance, operation and
installation of CLEC's virtually collocated equipment when such equipment is different
than the standard equipment used by awest in that Premises. This includes per diem
charges (Le., expenses based upon effective awest labor agreements), travel and
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lodging incurred by Owest 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 Owest's fault or negligence.
Terms and Conditions. Caged and Cageless Physical Collocation
Owest shall provide Caged and Cageless Physical Collocation to CLEC
for access to UNEs and ancillary services and Interconnection, except that Owest may
provide Virtual Collocation if Owest 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 Owest will design the floor space in the most efficient manner possible
within each Premises that will constitute CLEC'leased space. CLEC will, in
accordance with the other terms and conditions of this Section, have access to its leased
space.
When Owest constructs the collocated space, Owest will ensure that the
necessary construction work (e., racking, ducting and caging for Caged Physical
Collocation) is performed pursuant to awest Technical Publication 77350, including all
construction of CLEC's leased physical space and the riser from the vault to the leased
physical space.
CLEC owns or leases and is responsible for the installation , maintenance
and repair of its equipment located within the physically collocated space leased from
awest.
Owest shall permit CLEC to commence installation of its equipment prior
to completion of Owest's work on the remaining Collocation infrastructure, at no
additional charge to CLEC. Such "early access" date will be negotiated by Owest and
CLEC on a site specific basis. In order to obtain early access , CLEC must pay eighty
percent (800/0) of the remaining fifty percent (500/0) of the quoted nonrecurring charges
before early access is granted , leaving a holdback of ten percent (100/0) of the originally
quoted nonrecurring charges. All appropriate (Le. 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 Owest.
Upon completion of the construction of the Collocation project, Owest will
work cooperatively with CLEC in matters of joint testing and maintenance.
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If, during installation, Owest 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 Owest, Owest has
the right to stop all installation work until the situation is remedied. Owest 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 Owest locates at the Premises in
question, together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Owest contends CLEC's equipment fails to meet. If such
conditions pose an immediate threat to the safety of Owest employees, interfere with the
performance of Owest's service obligations, or pose an immediate threat to the physical
integrity of the conduit system, cable facilities or other equipment in the Premises, Owest
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 Owest 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
Owest. 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, Owest determines that
the equipment or the installation does not meet the NEBS standards described in
Section 8.8, CLEC will be responsible for the costs associated with the removal
modification to, or installation of the equipment to bring it into compliance. Owest shall
provide written notice of the non-compliance to CLEC, and such notice will include: (1)
identification of the specific equipment and/or installation not in compliance; (2) the
NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that CLEC's equipment and/or installation does not meet the safety
requirement; and (4) list of all equipment that Owest locates at the Premises in
question, together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Owest contends CLEC's equipment fails to meet. If CLEC fails
to correct any non-compliance within fifteen (15) calendar Days of written notice of non-
compliance, or if such non-compliance cannot be corrected within fifteen (15) calendar
Days of written notice of non-compliance , and if CLEC fails to take all appropriate steps
to correct any non-compliance as soon as reasonably possible Owest may pursue
immediate resolution by the Commission or a court of competent jurisdiction. If there is
an immediate threat to the safety of Owest employees, or an immediate threat to the
physical integrity of the conduit system, cable facilities, or other equipment in the
Premises , Owest may perform such work and/or take such action as is necessary to
correct the condition at CLEC's expense.11 Owest shall provide basic telephone service with a connection jack at the
request of CLEC for Caged or Cage less Physical Collocation space. Upon CLEC'
request, this service shall be available per standard Owest business service Provisioning
processes and rates.12 For Caged Physical Collocation, CLEC'leased floor space will be
separated from other CLECs and Owest space through a cage enclosure. Owest will
construct the cage enclosure or CLEC may choose from Owest approved contractors or
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may use another vendor of CLEC's own choosing, subject to Owest's approval which
may not be unreasonably withheld, to construct the cage enclosure. All CLEC
equipment placed will meet NEBS Level 1 safety standards, and will comply with any
local , state, or federal regulatory requirements in effect at the time of equipment
installation or that subsequently become effective.13 For Cageless 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, Owest will reduce the minimum square footage accordingly). Requests for
multiple bay space will be provided in adjacent bays where possible. When contiguous
space is not available, bays may be commingled with other CLECs' equipment bays.
CLEC may request, through the Owest Space Reclamation Policy, a price quote to
rearrange Owest equipment to provide CLEC with adjacent space.14 Where CLEC utilizes Caged Physical Collocation , it shall have the right to
install reasonable security measures it deems necessary for the protection of facilities
and equipment within its cage. Such measures include, but are not limited to, the
installation of locks or access card readers. CLEC will ensure that Owest has adequate
access to the locked enclosure; provided, however, that Owest will only enter CLEC'
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
Owest 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.
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. Owest 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 Cage less Physical Collocation and Virtual Collocation. Fiber Entrance
Facilities provide the connectivity between CLEC'collocated equipment within the
Owest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Owest
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 Owest's Wire Center. Owest will extend the fiber cable from the C-POI to a
Fiber Distribution Panel (FOP). Additional fiber, conduit and associated riser structure
will then be provided by Owest from the FOP to continue the run to CLEC's leased
Collocation space (Caged or Cageless Physical Collocation) or CLEC's equipment
(Virtual Collocation). The Owest provided facility from the C-POI to the leased
Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall
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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 fiber
cable 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 cable
in 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
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. The
fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating
requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice will occur in the cable vault to insure that the
cable within the Qwest Wire Center meets requirements. This option will not be
available if there is only one 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 Physical
or 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 a
standard Collocation entrance facility. Requests for non-standard entrances will be
considered through the BFR process described in the Bona Fide Request Process
Section of this Agreement. All costs and Provisioning intervals for non-standard
entrances will be developed on an Individual Case Basis.
2.4.Qwest shall provide an Interconnection point or points physically
accessible by both Qwest and CLEC, at which the fiber optic cable carrying CLEC'
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circuits can enter Owest'Wire Center, provided that Owest shall designate
Interconnection points as close as reasonably possible to its Premises. Owest shall
offer at least two (2) such Interconnection points at each Owest Wire Center when at
least two entry points pre-exist and duct space is available. Owest will not initiate
construction of a second, separate Collocation entrance facility solely for Collocation. If
Owest 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 Owest Tariffed or cataloged Private Line or Switched Access Services
between Owest's Premises and CLEC's collocation space in a Owest 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. Owest offers Microwave Entrance
Facilities , on Premises owned or controlled by Owest, to access CLEC transmission
equipment collocated on or inside the Owest Premises. The rooftop, duct, conduit, and
riser cable space for Microwave Entrance Facilities is available on a first-come, first-
served basis, where Technically Feasible. CLEC may place its microwave antenna on a
Owest owned or controlled existing tower, building, or supporting structure, where space
is available, or CLEC may construct such tower or supporting structure, if necessary and
if there is sufficient space and the building structure is not jeopardized. Such microwave
equipment will be limited to that which is necessary for Interconnection to Owest's
network or access to Owest's Unbundled Network Elements.
2.4.Owest 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 Owest 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 Owest 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 Owest perform the line-of-sight feasibility. CLEC will submit a
microwave Entrance Facility application for each antenna arrangement and each
Owest Premises requested. A site visit will include appropriate Owest 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 Owest 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 Owest and Owest
will only bill for an escort fee per site requested. If either Party disputes the
technical feasibility, space availability, or other conditions proposed by Owest
the Parties will promptly petition the Commission for resolution of the dispute.
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2.4.If Owest 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,
Owest will provide a quote for the Microwave Entrance Facility with the quote for
the submitted Collocation Application. If CLEC does not submit a Collocation
Application for the Premises within thirty (30) days following the completion of the
line-of-sight and structural feasibility analysis or CLEC subsequently cancels the
Collocation Application, CLEC will be billed for the site visit.
2.4.9.4 CLEC must obtain all necessary variances, licenses, approvals
and authorizations from governmental agencies with jurisdiction , such as use
permits, building permits FCC licenses and FAA approval if required, to
construct, operate and maintain the CLEC facilities. If Owest's assistance is
required in order for a CLEC to obtain necessary licenses or permits, Owest 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.
Owest will do all building penetration and Owest will install the coaxial cable or wave-
guide/transmission facility from the cable entry hatch to CLEC's Collocation space within
the interval, as set forth in Section 8.4, for the type of Collocation requested by CLEC.
CLEC facilities shall not physically, electronically, or inductively interfere with the existing
Owest or other CLECs' equipment. Each transmitter individually and all transmitters
collectively, for Owest, Owest 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, Owest shall
impose no charges on CLEC for such work. In the event the CLEC fails to
remove its microwave equipment CLEC shall be liable to Owest for all
reasonable costs of removal restoration of the property, storage, and
transportation to CLEC of such microwave equipment incurred by Owest.
Terms and Conditions - ICDF Collocation
Interconnection Distribution Frame (lCDF) Collocation is available if
CLEC has not obtained Caged or Cageless Physical Collocation , but requires access to
the Owest 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 Owest will
terminate the Unbundled Network Elements and ancillary services ordered by GLEC.
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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 with
Entrance Facilities; or 2) UNEs with Network Elements that are offered by Qwest
pursuant to Section 271 of the Communications Act of 1934, as amended.CLEC access
to 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 (lCDF); 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 for
Qwest terminations. Qwest will maintain assignment records for each Unbundled
Network Element, Finished Service, and ancillary service ordered by CLEC that is
terminated on the Interconnection Distribution Frame. Qwest will provide CLEC with the
frame assignments for each Unbundled Network Element, Finished Service, and
ancillary service terminated on the 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 GLEe-provided jumpers.
5.4 Reserved for Future Use.
Terms and Conditions- Adjacent Collocation and Adjacent Remote Collocation
CLEC may request Adjacent Collocation and Adjacent Remote
Collocation in an existing Qwest controlled environmental vault, controlled environmental
hut, or similar structures on or under Qwest owned, leased or otherwise controlled
property contiguous to a Qwest Premises, to the extent Technically Feasible. Adjacent
Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent
Remote Collocation in an existing structure shall be ordered as Remote Collocation.
Alternatively, if no such structure described above exists, CLEC
may choose to construct or procure a structure to place on or under Qwest
owned, leased or otherwise controlled property contiguous to a Qwest Premises.
Such adjacent structure shall be in accordance with Qwest's design and space
planning for the site. CLEC may propose the design for the adjacent structure
subject to Qwest's approval. Qwest will review the building and property plans
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 of
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the structure and returning the property to its original condition, subject to
reasonable wear and tear.
Owest shall provide written authorization for use of Owest's property to
CLEC or CLEC's contractor, to the extent that Owest 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.
Owest will provide power and all other Physical Collocation services and
6.4 Upon request, Owest will evaluate all parking or other spaces outside the
Owest Premises on Owest property that can be reasonably made available to CLEC for
Adjacent Collocation. Owest will retain a reasonable amount of parking space for Owest
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 Owest structure, Owest shall not require CLEC to move, or prohibit CLEC
from moving its Collocation arrangement into the Owest structure. Instead, Owest shall
continue to allow CLEC to collocate in any adjacent controlled environmental vault
controlled environmental hut, or similar structure.
Terms and Conditions Remote Collocation
Remote Collocation allows CLEC to collocate in a Owest Remote
Premises that is located remotely from a Owest 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 (Le., shelf, relay
rack, etc.
).
Rate Elements
Rate elements for Collocation are included in Exhibit A.
Rate Elements - All Collocation
Owest 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 Owest for the work to be performed.
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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.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.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC
collocated equipment and is fused at one hundred twenty-five percent (1250/0) of
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 and
installation of wire, conduit and support, breakers and miscellaneous electrical
equipment necessary to provide the AC power, with generator backup, to CLEC's space.
The AC Power feed is optional. The AC Power Feed is available with single or triple
phase options. The AC Power Feed is rated on a per foot and per ampere basis.
Inspector Labor Charge. Provides for Qwest qualified personnel, acting
as an inspector, when CLEC requires access to the C-POI after the initial installation.
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 Charges
shall 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 of
Qwest.10 Interconnection Tie Pairs (ITP) are described in the UNE Section, and
apply for each Unbundled Network Element, ancillary service or Interconnection service
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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
Existing Toll Frame
Fiber Distribution Panel
Existing Intermediate Frame
11.The ICDF is the test access point. It would not be
uncommon to find multiple service providers , including Qwest, on the
ICDF at any one time. This element includes Qwest'provided
termination blocks, installation labor between CLEC collocated equipment
and the appropriate cross-connect device. Cabling is also required and
may be provided by CLEC or at their request, Qwest will provide cabling
at an additional charge. When Qwest provides the cabling, Collocation
Block Termination rates will apply as contained in Exhibit A of this
Agreement. When CLEC provides the cabling, Collocation Termination
rates, on a per termination basis, will apply as contained in Exhibit A of
this Agreement. When CLEC provides and installs the tie cables, blocks
and terminations on the 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 will
guarantee that there will not be an ICDF. The connection will be
designed from the Collocation space to the same frame that Qwest uses
to connect to that specific service. For example, if CLEC wants to
connect directly from its Collocation space to a 911 router, the
infrastructure for the 911 trunks will terminate in a DS1 bay location with
the 911-router circuits. There are several options for the location of the
Demarcation Point. CLEC will select its desired option via the
supplemental Direct Connection (DC-POT) With Collocation Form
DCO50900. If CLEC chooses a demarcation inside the Collocation
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space, CLEC should order and install the termination equipment itself.
Demarcation equipment must be noted on the order form so that a CLL!
code and unique tie cable assignments can be generated for systems
flow through. If CLEC chooses a demarcation outside its Collocation
space, Owest 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 CLL! 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.
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 Individual
Case Basis (ICB). A five (5) year forecast including terminations per
quantities will be required. MELDTM runs will be required for the initial
COSMICTM plan and each subsequent block addition. To minimize
CLEC's cost, to the extent feasible, Owest shall consolidate CLEC'
requirements with the requirements of Owest and other CLECs into a
single MELDTM run whenever feasible. Costs of such consolidated
MELDTM runs shall be prorated among the parties , including Owest.
Minimum installation requires at least one (1) block for every two 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 Owest and CLEC to ensure that the cable is
terminated in an existing frame with the service that CLEC is wishing to
connect with. Direct Connection is ordered via the supplemental
Collocation order form, Direct Connection (DC-POT) With Collocation
Form DCO5O900. 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 1GB basis
using rates defined in Exhibit A.
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11.Terminations must be purchased in the following increments:
DSO in blocks of 100; DS 1 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 Owest 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 DS 1 synchronization signals traceable to a stratum
one source. CLEC must determine the synchronization requirements for CLEC'
equipment and notify Owest 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 Owest Central Offices are equipped with Building
Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance
with Exhibit A.
14 -48 Volt DC Power Cable Charge. Provides for the transmission of -
volt DC power to the collocated equipment and is fused at one hundred twenty-five
percent (1250/0) of request. It includes engineering, furnishing and installing the main
distribution bay power breaker, associated power cable, cable rack and local power bay
to the closest power distribution bay. It also includes the power cable (feeders) A and B
from the local power distribution bay to the leased physical space (for Caged or
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 Owest; 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. Owest will not charge for the Joint Testing based
on the Joint Testing Owest-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.
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Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of CLEC
virtually collocated equipment. CLEC is responsible for ordering maintenance spares.
Qwest will perform maintenance and/or repair work upon receipt of the replacement
maintenance spare and/or equipment from CLEC. A call-out of a maintenance
technician after business hours is subject to a minimum charge of three (3) hours.
Training Labor. Provides for the training of Qwest personnel on a
metropolitan service area basis provided by the vendor of CLEC's virtually collocated
equipment when that equipment is different from Qwest-provided equipment. Qwest will
require three (3) Qwest employees to be trained per metropolitan service area in which
CLEC'virtually collocated equipment is located. If, by an act of Qwest, trained
employees are relocated, retired, or are no longer available , Qwest will not require CLEC
to provide training for additional Qwest employees for the same virtually collocated
equipment in the same metropolitan area. Where more than one (1) CLEC in the same
metropolitan area selects the same virtually collocated equipment, the training costs
shall be prorated to each according to the number of CLECs so selecting.
Equipment Bay. Provides mounting space for CLEC virtually collocated
equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary
environmental supports. Mounting space on the bay, including space for the fuse panel
and air gaps necessary for heat dissipation , is limited to 78 inches. The monthly rate is
applied per shelf. CLEC may request use of alternate bay heights of 9 foot and 11 foot 6
inches, which will be considered on an Individual Case Basis. No Equipment Bay
Charge is assessed if CLEC provides its own equipment bay.2.4 Engineering Labor. Provides the planning and engineering of CLEC
virtually collocated equipment at the time of installation, change or removal.
Installation Labor. Provides for the installation , change or removal of
CLEC virtually collocated equipment.
Floor Space Lease. Required for Virtual Collocation only in the instance
where CLEC provides its own equipment bay. This rate element provides the monthly
lease for the space occupied by GLEe-provided equipment bay, including property taxes
and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15
amp electrical outlets provided in accordance with local codes and may not be used to
power transmission equipment or -48 volt DC power generating equipment. Also
includes maintenance for the leased space; provides for the preventative maintenance
(climate controls, filters, fire and life systems and alarms, mechanical systems, standard
HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of
Qwest Premises areas surrounding GLEe-provided equipment bay and general repair
and maintenance. The Floor Space Lease includes required aisle space on each side of
GLEe-provided equipment bay.
Rate Elements - Physical Collocation
Space Construction and Site Preparation. Includes the material and labor
to construct and prepare the space, including all support structure, cable racking and
lighting required to set up the space. It also includes air conditioning (to support CLEC
loads specified), lighting (not to exceed 2 watts per square foot), and convenience
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outlets (3 per Caged or Cageless Collocation or number required by building code) and
the cost associated with space engineering. If a new line-up is established for Cageless
Collocation , an AC power outlet will be provided at every other bay in the line-up.
Cage less bays placed in existing line-ups will use the existing outlets. For Caged
Collocation, it includes a nine (9) foot high cage enclosure. CLEC may choose from
Qwest approved contractors or may use another vendor of CLEC's own choosing,
subject to Qwest's approval , which may not be unreasonably withheld, to construct the
space , including the cage in the case of Caged Collocation , in accordance with NEBS
Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is
described in Exhibit A. In the case of Shared Collocation , Qwest may not increase the
cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning
such a cage of similar dimensions and material to a single collocating party, and Qwest
must prorate the charge for site conditioning and preparation by determining the total
charge for site preparation and allocating that charge to CLEC based on the percentage
of the total space used by CLEC. Qwest must in all cases of Shared space Collocation
allocate space preparation, conditioning, security measures and other Collocation
charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage
of the total overall space preparation and conditioning expenses do not exceed the
percentage of the total Collocation space used by CLEC.
Floor Space Lease. Provides the monthly lease for the leased physical
space, property taxes and base operating cost without -48 volt DC power. Includes
convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes
and may not be used to power transmission equipment or -48 volt DC power generating
equipment. Also includes maintenance for the leased space; provides for the
preventative maintenance (climate controls, filters, fire and life systems and alarms,
mechanical systems , standard HV AC); a pro-rata share of biweekly housekeeping
services (sweeping, spot cleaning, trash removal) of Qwest Premises common areas
surrounding the leased physical space and general repair and maintenance. The Floor
Space Lease includes required aisle space on each side of the cage enclosure, as
applicable.
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
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CLEC and the unique nature of the available adjacent space (e., existing structure or
new structure to be constructed).
Rate Elements - Remote Collocation and Adjacent Remote Collocation
The charges for Remote Collocation will be developed on an Individual
Case Basis except where the Commission finds that standard pricing elements can be
reasonably identified and their costs determined.
Rate Elements - CLEC-to-CLEC Connections
16.
The charges for CLEC-to-CLEC Connections are addressed in Section
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, must
be submitted with a revised Collocation Application. For purposes of this section
Material Changes are changes that would significantly impair Qwest's ability to provision
the requested Collocation within the applicable intervals if the changes are provisioned
with the original Collocation order and would require Qwest to incur financial penalties
under the terms of this Agreement or other Applicable Law. Qwest shall determine the
additional time required to comply with CLEC's request for Material Changes (Additional
Time), and CLEC shall have the option of (a) having the request for Material Changes
implemented with the original Collocation order (within the original Provisioning intervals)
as extended by the Additional Time; or (b) having Qwest process and provision the
request as a subsequent construction activity or augmentation to the original Collocation
order. Any nonmaterial changes, modifications, or additional engineering requested by
CLEC, subsequent to its original Collocation order, may be submitted with a revised
Collocation Application or otherwise communicated to Qwest and shall be implemented
with the original Collocation order within the original applicable intervals.
8.4.There are three (3) primary steps in the ordering of Collocation -
Forecasting, 2) Application, and 3) Acceptance of Quote.
8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each
quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed
by CLEC and the Qwest account team. The CLEC forecast shall be considered
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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;b) Floor space requirements , including the number of bays for a Cageless
Collocation arrangement;
Power requirements;
Heat Dissipation (optional);e) Type of Collocation (e., Caged Physical , Cageless Physical, Shared,
ICDF, Virtual, etc.
Intentionally Left Blank.
Entrance Facility Type (e.g., 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 a
particular Qwest Premises. A Collocation Application shall be considered complete , if it
contains:
Identification of the Qwest Premises;b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
Power requirements;
Heat Dissipation;e) Type of Collocation (e., Caged Physical, Cageless Physical, Shared
Virtual, etc.
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(manufacturer make, model no., functionality Le., 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/whoiesale/pcatlcollocation/htmi CLEC need
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
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Owest will provide a specific price quote based on the requested Collocation
requirements described on the Collocation Space Reservation Application Form.
The quote and a Billing invoice for twenty-five percent (250/0) payment
nonrecurring charges will be sent to CLEC within twenty-five (25) calendar Days
from the Collocation Space Reservation Application receipt.
8.4.Collocation Space Reservation Acceptance - CLEC
must electronically submit acceptance or non-acceptance of the quote
within seven (7) calendar Days of receipt of the quotation. If CLEC
submits the acceptance between eight (8) and thirty (30) calendar Days
of receipt of the quotation, Owest will honor the reservation upon receipt
of the payment only if Owest does not receive a competing request for the
same space from another CLEC. Owest will not honor reservations
CLEC submits the acceptance more than thirty (30) calendar Days after
receipt of the quotation.
8.4.Upon receipt of the twenty-five percent (250/0) payment, Owest
will reserve the space on behalf of CLEC in accordance with the application and
take the necessary steps to ensure the availability of power, HV AC and other
components reflected on the application for reservation. Owest will hold the
reservation for the applicable reservation period after the twenty-five percent
(250/0) payment. This payment will be applied to the subsequent Collocation
Application.
8.4.7.4 CLEC may cancel the reservation at any time during the
applicable reservation period. Upon notification of the cancellation , Owest will
refund a prorated portion of the twenty-five percent (250/0) payment as follows:
a) Cancellation notification within ninety (90) calendar Days from receipt
of wire transfer, seventy five percent (750/0) of the initial down payment
will be returned to CLEC.
b) Cancellation notification within ninety-one (91) and one hundred and
eighty (180) calendar Days from receipt of wire transfer, fifty percent
(500/0) of the initial down payment will be returned to CLEC.
c) Cancellation notification within one hundred and eighty-one (181) and
two hundred and seventy (270) calendar Days from receipt of wire
transfer, twenty-five percent (250/0) of the initial down payment will be
returned to CLEC.
8.4.
d) Cancellation notification after two hundred and seventy (270)
calendar Days from receipt of wire transfer, zero percent (00/0) of the initial
down payment will be returned to CLEC.
Collocation Space Option
8.4.CLEC, Owest and Owest Affiliates may option space in Owest
Wire Center Premises in accordance with the terms of this Section 8.4.8 for the
following equipment and time periods:
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Transmission equipment - one (1) year
Circuit switching equipment - three (3) years
Power plants - five (5) years
8.4.Optioned space is offered to CLECs for Caged, Cageless, and
Virtual Collocation. To promote fairness and prevent warehousing, the following
limits apply:a) The Party requesting the option may specify the amount of
space to be optioned but not a specific location within the Wire Center
CLEC may also request space be contiguous to its existing Collocation
space.b) A requesting CLEC may option one Collocation space per
Wire Center.c) The maximum amount of space per Wire Center to be
Optioned is:
- 200 sq uare feet for Caged Collocation
- 4 bays for Cageless and Virtual Collocation
8.4.The Collocation Space Option Application form will be
processed upon receipt of a properly completed request. Such form shall be
considered properly completed if it contains identifying information of CLEC, the
applicable Owest 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
Owest. Upon receipt of the Collocation Space Option Application form, Owest
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, Owest
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 Owest takes an option on space for itself, Owest shall impute an amount
equal to the Option Fee to the appropriate operations for which the optioned
space applies. The option quote expires seven (7) calendar Days after delivery
to CLEC.
8.4.Upon receipt of Acceptance and full payment of the nonrecurring
portion of the Option Fee Owest will option the space on behalf of CLEC
including the contiguous space requests if available (or itself if appropriate) and
the option time frame will begin. The prioritization of optioning will be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is
received by Owest, the higher in priority is such option. The option is limited to
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space only and does not include other elements required to provision the
Collocation.
8.4.In order for an option request to avoid expiration, CLEC must:
Submit a Collocation Application during the option time frame;
b) The option may be renewed if a Collocation Space Option
Application is received at least ten (10) calendar Days prior to the
expiration of the term of the existing option. The priority of a renewed
option is determined by the date CLEC accepts the quote from Qwest on
CLEC's renewal application.
8.4.First Right of Refusal - If Qwest receives a valid Collocation
Application (CLEC A is the requesting party) for a Qwest Wire Center in which all
available space has been occupied or optioned, the following provisions for First
Right of Refusal will apply:
8.4.All Qwest out of space reporting requirements apply
to the Collocation Application (Sections 8.11 and 8.12).
addition , Qwest will provide CLEC A with option space information (e.
Caged and 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'
Right of First Refusal by submitting either a Collocation Application as set
forth in Section 8.4., or by submitting the Collocation Space
Reservation Application set forth in Section 8.4., within ten (10)
calendar Days of receipt of the option enforcement notice. This process
continues for all optioned space until all optioned space is exercised or
optioned space is relinquished (affirmatively by CLEC or upon expiration
of the notice period, whichever is earlier) to fulfill the Collocation
Application. Once optioned space has been relinquished for use to fulfill
the Collocation Application, the standard ordering terms and conditions
for Collocation shall apply.
8.4.Where contiguous space has been optioned, Qwest
will make its best effort to notify CLEC if Qwest, its Affiliates or other
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.
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8.4.7.4 The rate elements for the Collocation Space Option
are comprised of the following:a) Space Option Administration Fee is a nonrecurring
fee for all Collocation Space Option requests;fand 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
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.
Ordering - Virtual Collocation
8.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.Qwest will perform a feasibility study to determine if
adequate space , power and HV AC can be found for the placement of CLEC's equipment
within the Premises. The feasibility study will be provided within ten (10) calendar Days
of receipt of a complete 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
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 ofthe 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 existing
virtually collocated equipment, will be processed and provisioned within ten (10)
business days. Virtual Collocation price quotes will be honored for thirty (30) calendar
Days from the date the quote is provided. During this period the Collocation entrance
facility and space are reserved pending CLEC's Acceptance of the quoted charges.
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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 8.4.1.4
or the space was reserved, in accordance with Section 8.4.7; 2) whether CLEC
provides its Acceptance within seven (7) calendar Days receipt of the quotation;
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 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.
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
Collocation installation within forty-five (45) calendar Days of the receipt of all of
CLEC's equipment.
8.4.2.4.Forecasted Applications with Late Acceptance If a Premises is
included in CLEC's forecast at least sixty (60) calendar days prior to submission
of the application , and if CLEC provides a complete Acceptance more than seven
(7) calendar Days but less than thirty (30) calendar Days after receipt of the
Qwest Collocation quotation, and if all of CLEC's equipment is available at the
Qwest Premises no later than fifty-three (53) calendar Days after receipt of the
complete Collocation Acceptance, Qwest shall complete its installation of the
Collocation arrangement within ninety (90) calendar Days of the receipt of the
complete Collocation Acceptance. If CLEC's equipment is not delivered to
Qwest within fifty-three (53) calendar Days after receipt of the complete
Collocation Acceptance, Qwest shall complete the Collocation installation within
forty-five (45) calendar Days of the receipt of all of CLEC'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.
8.4.2.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) calendar Days
prior to submission of the application, and if CLEC provides a complete
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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.
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
Collocation installation within seventy-five (75) calendar Days of the receipt of all
of CLEC's equipment.
8.4.2.4.Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC'
specific requirements. Major infrastructure modifications that may be required
include conditioning space, permits, DC Power Plant, Standby Generators,
Heating, Venting or Air Conditioning Equipment. The installation intervals 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.
8.4.2.4.Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4.
when CLEC submits a Collocation Application. If not withstanding these efforts,
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval , Qwest may seek a waiver from the Commission to obtain
an extended interval.
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Ordering - Caged and Cageless Physical Collocation
8.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.5 Owest 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, Owest will also notify CLEC of any known circumstance that may delay
delivery of the ordered Collocation space and related facilities.
8.4.If Owest determines that the application is not complete , Owest
shall notify CLEC of any deficiencies within ten (10) calendar Days of the
application. Owest shall provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency. To retain its place in the Collocation queue
for the requested Premises, CLEC must cure any deficiencies in its 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
Owest will develop a quote for the supporting structure; Owest will complete the
quotation no later than twenty-five (25) calendar Days of providing the feasibility study.
Physical Collocation price quotes will be honored for thirty (30) calendar Days from the
date the quote is provided. During this period, the Collocation entrance facility and
space is reserved pending CLEC's Acceptance of the quoted charges.
8.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.6 space will be reserved and construction by Owest will begin.
8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon
three factors - 1) whether the request was forecasted in accordance with Section 8.4.1.4
or the space was reserved, in accordance with Section 8.4.7; 2) whether CLEC
provides its Acceptance within seven (7) calendar days of receipt of the quotation; and
3) whether the Application requires major infrastructure additions or modifications.
When Owest is permitted to complete a Collocation installation in an interval that is
longer than the standard intervals set forth below, Owest shall use its best efforts to
minimize the extension of the intervals beyond such standard intervals.
8.4.3.4.Forecasted Applications with Timely Acceptance If a Premises
is included in CLEC'forecast at least sixty (60) calendar Days prior to
submission of the application, and if CLEC provides a complete Acceptance
within seven (7) calendar Days of receipt of the Owest Collocation quotation
Owest shall complete its installation of the Collocation arrangement within ninety
(90) calendar Days of the receipt of the complete Collocation Application.
8.4.3.4.Forecasted Applications with Late Acceptance If a Premises is
included in CLEC's forecast at least sixty (60) calendar Days prior to submission
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
Owest Collocation quotation , Owest 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
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thirty (30) calendar Days after receipt of the Qwest quotation, a new application
shall be resubmitted by CLEC.
8.4.3.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) calendar Days
prior to submission of the 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.
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.
8.4.3.4.Intervals for Major Infrastructure Modifications Wh~re 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 8.4.3.4.through 8.4.3.4.4 may be extended, if required
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required , Qwest shall propose to complete
its installation of the Collocation Arrangement within an interval of no more than
one hundred and fifty (150) calendar Days after receipt of the complete
Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case Qwest must
request a waiver from the Commission to obtain an extended interval.
8.4.3.4.Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification , Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4.
when CLEC submits a Collocation Application. If not withstanding these efforts
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Qwest may seek a waiver from the Commission to obtain
an extended interval.
Ordering - Interconnection Distribution Frame (ICDF) Collocation
8.4.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.Qwest will perform a feasibility study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the 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
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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
GLEe-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 8.4.4 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.
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.
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 the
Qwest Collocation quotation, Qwest shall complete its installation of the
Collocation arrangement within forty-five (45) calendar Days of the receipt of the
complete Collocation Acceptance. If CLEC submits its acceptance more than
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thirty (30) days after receipt of the Qwest quotation, the application shall be
resubmitted by CLEC.
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 Collocation
Application. This interval may be lengthened if space must be reclaimed or
reconditioned. The need for an extended interval shall be provided to CLEC as a
part of the quotation. CLEC may dispute the need for an extended interval, in
which case Qwest must request a waiver from the Commission.
8.4.4.4.4 Unforecasted Applications with Late Acceptance If a Premises
is not included in CLEC's forecast at least sixty (60) calendar Days prior to
submission of the application and if CLEC provides a complete Acceptance more
than seven (7) calendar Days but less than thirty (30) calendar Days after receipt
of the Qwest Collocation quotation , Qwest shall complete its installation of the
Collocation arrangement within ninety (90) calendar Days of the receipt of the
complete Collocation Acceptance. This interval may be lengthened if space must
be reclaimed or reconditioned. The need for an extended interval shall be
provided to CLEC as a part of the quotation. CLEC may dispute the need for an
extended interval, in which case Qwest must request a waiver from the
Commission.
Ordering - Adjacent Collocation
8.4.If space for Physical Collocation in a particular Qwest Premises is not
available at the time of CLEC's request CLEC may request Qwest to conduct a
feasibility study for Adjacent Collocation for that Premises site. Qwest recommends that
Qwest and CLEC conduct a joint site visit of such Premises to determine if suitable
arrangements can be provided on Qwest's property. Qwest will make available, within
ten (10) business days, drawings of the Qwest physical structures above and below
ground for the requested Adjacent Collocation site.
8.4.If a new structure is to be constructed, the interval shall be developed on
an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW),
if required, the provision of Collocation services by Qwest, in accordance with CLEC'
application, and the construction by CLEC of the adjacent structure. If CLEC disputes
the interval proposed by Qwest Qwest must promptly petition the Commission for
approval of such disputed interval.
8.4.If Adjacent Collocation is provided within an existing Qwest Premises, the
ordering procedures and intervals for Physical Collocation shall apply.
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
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provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4.
Remote Collocation and Adjacent Remote Collocation are ordered using the Remote
Collocation Application Form.
8.4.If space for Physical Collocation or Virtual Collocation in a particular
Qwest Remote Premises is not available at the time of CLEC's request CLEC may
order Adjacent Remote Collocation using the ordering procedures described above for
Adjacent Collocation in Sections 8.4.1 and 8.4.
Ordering - CLEC to CLEC Connections
8.4.Application -- Upon receipt of the applicable portions of a complete
Collocation Application as described in Section 8.4.5 (Subsections a, e, h and D.
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, 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.Quotation -- If existing cable racking is available, Qwest will provide
CLEC with a quote and the specific cable rack route to CLEC with the feasibility study.
additional cable racking is required to accommodate CLEC's request Qwest shall
provide a feasibility and quote to CLEC no later than ten (10) calendar Days of receipt of
Collocation Application. CLEC-to-CLEC Connection quotes will be honored for thirty
(30) calendar Days from the date the quote is provided. During this period, the space is
reserved pending CLEC's Acceptance of the quoted charges.
8.4.Acceptance -- There are two forms of Acceptance for CLEC-to-CLEC
Connections:
8.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC
must submit payment of one hundred percent (1000/0) of the quoted nonrecurring
charges with its Acceptance. Upon receipt of a complete Collocation
Acceptance CLEC may begin placement of its copper, coax, or fiber cables
along the Qwest designated cable rack route. Recurring charges will begin with
CLEC Acceptance.
8.4.2 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
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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 D, 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, 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.Quotation - If existing cable racking is available, Qwest will provide CLEC
with a quote and the specific cable rack route with the feasibility study. If additional
cable racking is required to accommodate CLEC's request, Qwest shall provide a quote
to CLEC no later than ten (10) calendar Days after receipt of a complete Collocation
Application. Direct Connection quotes will be honored for thirty (30) calendar Days from
the date the quote is provided. During this period, the space is reserved pending
CLEC's Acceptance of the quoted charges.
8.4.
Connection:
Acceptance - There are two (2) forms of Acceptance for Direct
8.4.Direct Connection with existing cable rack. CLEC must submit
payment of one hundred percent (1000/0) of the quoted nonrecurring charges with
its acceptance notification.
8.4.Direct Connection using new cable rack. - Upon receipt of a
complete Acceptance from CLEC, as described in Section 8.4.6, 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
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complete Collocation Acceptance. If Direct Connection is required at the DSO
level, to the COSMICTM, or if new cable racking needs to be installed , Owest 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, Owest will provide CLEC a completion package that
will initiate the recurring Collocation charges. Once this completion package has been
signed by CLEC and Owest and Owest has received the final fifty percent (500/0)
balance, Owest will activate CLEC transport services and/or UNEs or ancillary services
coincident with completion of the Collocation.
In the event Owest has completed all associated construction activities
and CLEC has not completed its associated activities (e., delivering fiber to the C-POI
or providing the equipment cables for connecting to the Interconnection Distribution
Frame), Owest will bill an adjusted amount of the remaining nonrecurring balance, close
the job, and begin Billing the monthly recurring rent charge. In those instances where
the job is delayed due to CLEC not having its fiber to the POI, Owest will request the
balance due minus the dollar amount specific to this work activity, and begin Billing the
monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can
request Owest to return and complete the splicing activity at the rate reflected in this
Agreement. In the case of missing equipment cables, CLEC will be responsible for
installing the cables if not delivered at job completion. The installation activity must be
conducted by a Owest approved vendor and follow the designated racking route. Final
test and turn-up will be performed under the Maintenance and Repair process contained
herein.
Billing. Virtual Collocation
Virtual Collocation will be considered complete when the Premises is
Ready for Service (RFS). Cooperative testing between CLEC and Owest may be
negotiated and performed to ensure continuity and acceptable transmission parameters
in the facility and equipment.
Billing. Caged and Cageless Physical Collocation
Payment for the remaining nonrecurring charges shall be upon the RFS
date. Upon completion of the construction activities and payment of the remaining
nonrecurring charges , Owest will schedule a walk through of the space with CLEC.
During this joint walk through, Owest 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 Cage less Physical Collocation completion package
(Le. all ordering information). The monthly Billing for leased space , DC Power, Entrance
Facility, and other associated monthly charges will commence with CLEC sign off on the
completion of the physical space. CLEC may then proceed with the installation of its
equipment in the Collocation space, unless early access has been arranged pursuant to
Section 8.7. If Owest, despite its best efforts, including notification through the
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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
greater than those that apply to the performance of similar functions for comparable
equipment of Qwest. CLEC is responsible for transportation and delivery of
maintenance spares to Qwest at the Premises housing the failed equipment. CLEC is
responsible for purchasing and maintaining a supply of spares.
Physical Collocation
CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's leased space.
Interconnection Distribution Frame
CLEC is responsible for block and jumper inventory and maintenance at
the Interconnection Distribution Frame and using industry accepted practices for its
terminations. Additionally, CLEC is responsible for having jumper wire and tools for
such operations. Qwest is responsible for the overall repair and maintenance of the
frame; including horizontal and vertical mounting positions, cable raceways, rings, and
troughs , and general housekeeping of the frame.
Adjacent Collocation and Adjacent Remote Collocation
6.4.CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space.
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SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS
General Terms
Changes in law, regulations or other "Existing Rules" relating to Unbundled Network
Elements (UNEs), including additions and deletions of elements awest 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 awest agree that the UNEs identified in Section 9 are not
exclusive and that pursuant to changes in FCC rules, state laws, the Bona Fide Request
Process, or Special Request Process (SRP), CLEC may identify and request that awest furnish
additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act and other
Applicable Laws. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a
UNE subsequently defined by the FCC or the state Commission.
UNEs shall only be obtained for the provision of Telecommunications
Services, which do not include telecommunications utilized by CLEC for its own
administrative use.
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 DS1 or DS3 Loop is not in a Wire Center
identified on the list provided by awest of Wire Centers that meet the applicable non-
impairment thresholds as specified in Section 9., and that a requested unbundled DS1
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 factual
criteria discussed in sections V and VI of the Triennial Review Remand Order
awest 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 awest seeks to challenge any other such
UNEs, it subsequently can raise that issue through the dispute resolution
procedures provided for in this Agreement.
If it is determined by CLEC or awest that CLEC's access to or use of
UNEs 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
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is subject to back billing for the difference between rates for the UNEs and rates for the
Owest 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 Owest to perform the necessary functions to provision such
Commingling. CLEC will be required to provide the CFA (Connecting Facility
Assignment) of CLEC's network demarcation (e.g., Collocation or multiplexing facilities)
for each UNE UNE Combination, or wholesale service when requesting Owest to
perform the Commingling of such services. Owest shall not deny access to a UNE on
the grounds that the UNE or UNE Combination shares part of Owest'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 Owest 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 to
run until CLEC provides a complete and accurate service request, necessary
CFAs to Owest, and Owest completes work required to perform the Commingling
that is in addition to work required to provision the service as a stand-alone
facility or service.
Owest will not combine or Commingle services or Network
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Elements that are offered by Owest 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 Owest'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 Owest to commingle a
UNE or a UNE Combination with one or more facilities or services that CLEC has
obtained at wholesale from Owest pursuant to a method other than unbundling under
Section 251 (c)(3) of the Act, Owest 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 (OS1 and OS3) 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 9.10, Owest 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 absenceof 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.
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10.Per Circuit Criteria. The following criteria are satisfied for
each combined circuit, including each DS 1 circuit, each DS 1 EEL, and
each DS1-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
Owest'Premises within the same LATA as the End User
Customer premises, when Owest 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 Owest 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 Owest's Premises within the
same LATA as the End User Customer s premises, when Owest 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
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 DSO
equivalent LIS trunk in the same LATA and state as the End User
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Customer served by the circuit. For each twenty-four (24) DS 1 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 the
identified 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 in
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
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
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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 Owest 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 Owest for the cost of the
audit. To the extent the independent auditor s report concludes that
CLEC complied in all material respects with the Service Eligibility Criteria
Owest 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.Owest 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, Owest 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 Owest shall not exercise its Service Eligibility Audit rights for the
remainder of the calendar year.
10.At the same time that Owest provides notice of a Service
Eligibility Audit to CLEC under this paragraph, Owest shall send a copy of
the notice to the Federal Communications Commission.
10.Service Eligibility Audits conducted by Owest 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
Owest may have pursuant to other provisions of this Agreement.
10.Owest 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. Owest 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.
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 circuits
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to 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 (Le., 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
regularly undertakes for its own retail End User Customers. Routine
network modifications include, but are not limited to, rearranging or
splicing of cable; adding an equipment case; adding a doubler or
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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 reach
aerial 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 CLEC
another 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 User
Customer. When the engineering job is completed, CLEC will receive
another FOC identifying a new Due Date when the Loop will be ready for
installation. Upon receipt of the second FOC, CLEC can request
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 CLL! codes for fiber). CLEC
acknowledges that Qwest does not warrant or guarantee the estimated Ready for
Service Dates. CLEC also acknowledges that funded Qwest outside plant
engineering jobs may be modified or cancelled at any time.
Intentionally Left Blank.
Intentionally Left Blank.
1.4 Qwest will provide a connection between Unbundled Network Elements and a
Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for
each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the
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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 GLEe-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 canbe offered by means of such element or combination of elements. Qwest will provide
Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such
elements to provide any Telecommunications Services. Qwest shall not in any way restrict
CLEC's use of any element or combination of elements (regardless of whether such
combination of elements is ordered from Qwest in combination or as elements to be combined
by CLEC) except as Qwest may be expressly permitted or required by Existing Rules.
Except as set forth in Section 9., the UNE Combinations Section , Qwest provides
UNEs on an individual element basis. Charges, if any, for testing pursuant to this paragraph are
contained in Exhibit A to this Agreement.
When elements are provisioned by Qwest on an individual element basis
(whether or not such elements are combined by CLEC with other elements provided by
Qwest or CLEC):a) Qwest will perform testing necessary or reasonably requested by CLEC,
to determine that such UNE is capable of meeting the technical parameters
established for each UNE.b) Qwest will repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. CLEC
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.c) Qwest will cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to assist in determining end-to-end
transmission and circuit functionality of such UNE.
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When elements are provisioned by Owest in combination:a) Owest 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) Owest 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) Owest 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 PCAT, which is located on the Owest Web site.
In order to maintain and modernize the network properly, Owest may make necessary
modifications and changes to the UNEs in its network on an as needed basis. Such changes
may result in minor changes to transmission parameters. Network maintenance and
modernization activities will result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. Owest 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. Owest
provides such disclosures on an Internet web site.
10 Channel Regeneration. Owest's design will ensure the cable between the Owest-
provided active elements and the DSX will meet the proper signal level requirements. Channel
regeneration will not be charged for separately for Interconnection between a Collocation space
and Owest'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 Owest 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.
14 Intentionally Left Blank.15 Expedite requests for designed Unbundled Network Elements are allowed.
Expedites are requests for intervals that are shorter than the interval defined in Owest's Service
Interval Guide (SIG) or Individual Case Basis (lCB) due date.
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15.CLEC will request an expedite for designed Unbundled Network
Elements, 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 Owest's Product Catalog
for expedites at Owest'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 Owest Central Office and the Loop Demarcation Point at an End User
Customer s premises. The Unbundled Loop includes all features, functions, and capabilities of
such transmission facility. Those features, functions, and capabilities include, but are not limited
to, 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 Owest 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. Owest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Owest deploys such a loop to an End User Customer s Premises
that had not previously been served by any loop facility prior to October 2, 2003.
FTTH/FTTC Overbuilds. Owest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Owest deploys such a loop parallel to, or in replacement of, an
existing copper loop facility. Notwithstanding the foregoing, where Owest
deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper
loop facility:
Owest shall: (i) leave the existing copper loop
connected to the End User Customer s Premises after deploying the
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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 to
Performance Indicator Definition or other performance service
measurement or intervals. Qwest's 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.
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, functions
and capabilities of the Hybrid Loop that are not used to transmit packetized
information.
Narrowband Services. When CLEC seeks access to a Hybrid
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Loop for the provision of narrowband services, awest may either:a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (Le., 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
awest 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 awest uses to provide service to its own End User Customers. For
Unbundled Loops that have a retail analogue, awest will provide these Unbundled
Loops in substantially the same time and manner as awest provides to its own End User
Customers. Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
Use of the word "capable" to describe Loops in Section 9.
means that awest 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. awest 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.
If awest uses Integrated Digital Loop Carrier (IDLC) systems to
provide the Unbundled Loop, awest will first attempt, to the extent possible, to
make alternate arrangements such as Line and Station Transfers (LST), to
permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not
available, awest may also seek alternatives such as Integrated Network Access
(INA), hair pinning, or placement of a Central Office terminal , to permit CLEC to
obtain an Unbundled Loop. If no such facilities are available, awest will make
every feasible effort to provision Unbundled Loops over the IDLC in order to
provide the Unbundled Loop for CLEC.
In areas where awest 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 awest information
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sufficient to provide CLEC with a reasonably complete identification of
such available copper facilities. Owest shall be entitled to mediate
access in a manner reasonably related to the need to protect Confidentialor Proprietary Information. CLEC shall be responsible for Owest'
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, Owest will provide an Analog Unbundled
Loop that meets the state technical standards. If necessary to meet the state
standards, Owest will, at no cost to CLEC, remove load coils and Bridged Taps
from the Loop in accordance with the requirements of the specific technical
standard.
Digital Capable Loops - 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. Owest will provision digital Loops in a non-discriminatory manner, using the
same facilities assignment processes that Owest uses for itself to provide the requisite
service. 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 Owest to
perform such conditioning.
Intentionally Left Blank.
DS1 Unbundled Loops. Subject to the cap described
Section 9., Owest 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
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., Owest 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.
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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 potential
for 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 conditioning
efforts. Upon CLEC pre-approval or approval of conditioning, and only if conditioning is
necessary, Qwest will dispatch a technician to condition the Loop by removing load coils
and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC will be
charged the nonrecurring conditioning charge (Le., cable unloading and Bridged Taps
removal), if applicable, in addition to the Unbundled Loop installation nonrecurring
charge.
2.4.Where Qwest fails to meet a Due Date for performing Loop
conditioning, CLEC shall be entitled to a credit equal to the amount of any
conditioning charges applied , where it does not secure the Unbundled Loop
involved within three (3) months of such Due Date. Where Qwest does not
perform conditioning in accord with the standards applicable under this
Agreement, CLEC shall be entitled to a credit of one-half (1/2) of the conditioning
charges made, unless CLEC can demonstrate that the Loop as conditioned is
incapable of substantially performing the functions normally within the
parameters applicable to such Loop as this Agreement requires Qwest to deliver
it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a
credit of all conditioning charges, except where CLEC asks Qwest to cure any
defect and Qwest does so. In the case of such cure, CLEC shall be entitled to
the one-half (1/2) credit identified above.
When CLEC requests a Basic Rate ISDN capable or an xDSL-capable
Loop, Qwest will dispatch a technician , if necessary, to provide Extension Technology
that takes into account for example: the additional regenerator placement, Central Office
powering, Mid-Span repeaters, if required, and BRITE cards in order to provision the
Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be
required in order to bring the circuit to the specifications necessary to accommodate the
requested service. If the circuit design requires Extension Technology, to bring it up to
the design standards, it will be added by Qwest, at no charge. Extension Technology
can also be requested by CLEC to meet its specific needs. If Extension Technology is
requested by CLEC, but is not required to meet the technical standards , then Qwest will
provide the requested Extension Technology and will charge CLEC. Qwest will
provision ISDN (BRI) capable and xDSL-capable Loops using the specifications in the
Technical Publication 77384. Refer to that document for more information. CLEC will
be charged an Extension Technology recurring charge in addition to the Unbundled
Loop recurring charge, if applicable , as specified in Exhibit A of this Agreement. The
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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 Mbit/s. 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 Mbit/s. 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: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 CLL! code
cable name, pair name, termihal 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 CLL! code, cable
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name, pair name , terminal address ML T distance segment (F1 , F2), sub-
segment (e.g., 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
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.
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.
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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.
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 (DO), 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
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the scheduled Appointment Time, then CLEC must reschedule the installation by
submitting a supplemental LSR for a new Due Date and Appointment Time. If
Owest is not ready within thirty (30) minutes of the scheduled Appointment Time
Owest will waive the nonrecurring charge for the installation option, and the
Parties will attempt to set a new appointment for the same day. If Owest fails to
perform cooperative testing due to Owest's fault, Owest 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, Owest 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
Owest performance testing, the Owest Implementorrrester will contact
CLEC, read the Owest test results, and begin CLEC cooperative testing.
Within two (2) business days, Owest will email the Owest 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 Owest
Technical Publication 77384.
For new End User Customer service Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
Technician complete circuit wiring and perform the required performance
tests to ensure that the new circuit meets required parameter limits.
Upon completion of Owest performance testing, the Owest
Implementorrrester will contact CLEC, read the Owest test results, and
begin CLEC cooperative testing. Within two (2) business days, Owest will
email the Owest test results to a single, designated CLEC office email
address. CLEC will be charged for any Provisioning test not defined in
the Owest 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 Owest Implementorrrester 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 Owest is not ready within
thirty (30) minutes of the scheduled Appointment Time, Owest 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, Owest 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 Owest Implementor advises CLEC when the "lift
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and lay" procedure is complete.
9.4.For new Unbundled Loops, Qwest may dispatch a
technician to terminate the new circuit at the End User Customer
premises. The Field Technician will not remain on the premises to
perform the coordinated installation once the circuit is in place. The COT
completes the installation in the Central Office, and the COT and
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 to
CLEC. Upon completion of Qwest performance testing, the Qwest
ImplementorlTester will contact CLEC, read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest will
email the Qwest test results to a single, designated CLEC office 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
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Unbundled Network Elements
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
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
02/2005/lhd/LeveI3/10
COS-050623-0001
Template version:Qwest Multi-State Negotiations Interconnection Agreement, Version 1.7/23/03 159