20050720Application Part II.pdf

Section 8
Collocation
honored , if available
8.4.Collocation Space Reservation Application - Upon receipt of the
Collocation Space Reservation Application Form Qwest will provide space
feasibility within ten (10) calendar Days.
8.4.Collocation Space Reservation Quotation If space is available
Qwest will provide a specific price quote based on the requested Collocation
requirements described on the Collocation Space Reservation Application Form.
The quote and a Billing invoice for twenty-five percent (250/0) payment
nonrecurring charges will be sent to CLEC within twenty-five (25) calendar Days
from the Collocation Space Reservation Application receipt.
8.4.Collocation Space Reservation Acceptance. CLEC
must electronically submit Acceptance or non-Acceptance of the quote
within seven (7) calendar Days of receipt of the quotation. If CLEC
submits the Acceptance between eight (8) and thirty (30) calendar Days
of receipt of the quotation , Qwest will honor the reservation upon receipt
of the payment only if Qwest does not receive a competing request for the
same space from another CLEC. Qwest will not honor reservations if
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, Qwest
will reserve the space on behalf of CLEC in accordance with the Collocation
Space Reservation Application and take the necessary steps to ensure the
availability of power, HV AC and other components reflected on the Collocation
Space Reservation Application. Qwest will hold the reservation for the applipable
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, Qwest will
refund a prorated portion of the twenty-five percent (250/0) payment as follows:
a) Cancellation notification within ninety (90) calendar Days from receipt
of wire . transfer, seventy-five percent (750/0) of the initial down payment
will be returned to CLEC.
b) Cancellation notification within ninety-one (91) and one hundred and
eighty (180) calendar Days from receipt of wire transfer, fifty percent
(500/0) of the initial down payment will be returned to CLEC.
c) Cancellation notification within one hundred and eighty-one (181) and
two hundred and seventy (270) calendar Days from receipt of wire
transfer, twenty-five percent (250/0) of the initial down payment will be
returned to CLEC.
d) Cancellation notification after two hundred and seventy (270)
calendar Days from receipt of wire transfer, zero percent (00/0) of the initial
down payment will be returned to CLEC.
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Section 8
Collocation
8.4.Collocation Space Option
8.4.1 CLEC, Qwest and Qwest Affiliates may option space in Qwest
Wire Center Premises in accordance with the terms of this Section 8.4.8 for the
following equipment and time periods:
Transmission equipment - one (1) year
Circuit switching equipment - three (3) years
Power plants - five (5) years
8.4.Optioned space is offered to CLECs for Caged, Cageless, and
Virtual Collocation. To promote fairness and prevent warehousing, the following
limits apply:a) The Party requesting the option may specify the amount of
space to be optioned but not a specific location within the Wire Center.
CLEC may also request space be contiguous to its existing Collocation
space.b) . A requesting CLEC may option one (1) Collocation space per
Wire Center.c) The maximum amount of space per Wire Center to be
Optioned is:
- 200 square feet for Caged Collocation
- 4 bays for 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 Qwest Premises , the amount of Collocation space sought, the type of
Collocation (Caged , Cageless, Virtual) and the type of equipment (from the
categories identified in Section 8.4.1) for which the option is being sought.
CLEC must have met all past and present undisputed financial obligations to
Qwest. Upon receipt of the Collocation Space Option Application form, Qwest
will confirm in writing, within ten (10) calendar Days, the availability of, and price
quote (the "Option Fee ) for the Optioned space. If space is not available , Qwest
will deny the request.
8.4.8.4 CLEC must submit Acceptance with full payment of the
nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the
quoted Option Fee, within seven (7) calendar Days of receipt of the quotation.
When Qwest takes an option on space for itself, Qwest shall impute an amount
equal to the Option Fee to the appropriate operations for which the optioned
space applies. The option quote expires seven (7) calendar Days after deliveryto CLEC.
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8.4.Upon receipt of Acceptance and full payment of the nonrecurring
portion of the Option Fee Qwest will option the space on behalf of CLEC
including the contiguous space requests if available (or itself if appropriate) and
the option time frame will begin. The prioritization of optioning will be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is
received by Qwest, the higher in priority is such option. The option is limited to
space only and does not include other elements required to provision the
Collocation.
8.4.In order for an option request to avoid expiration, CLEC must:
Submit a Collocation Application during the option time frame;
b) The option may be renewed if a Collocation Space Option
Application is received at least ten (10) calendar Days prior to the
expiration of the term of the existing option. The priority of a renewed
option is determined by the date CLEC accepts the quote from Qwest on
CLEC's renewal application.
8.4.First Right of Refusal - If Qwest receives a valid Collocation
Application (CLEC A is the requesting party) for a Qwest Wire Center in which all
available space has been occupied or optioned , the following provisions for First
Right of Refusal will apply:
8.4.All Qwest out of space reporting requirements applyto the Collocation Application (Sections 8.11 and 8.12).
addition, Qwest will provide CLEC A with option space information (e.
Caged and Cageless optioned space) that may fulfill the requirements of
CLEC A'Collocation Application. At CLEC A's request Qwest will
initiate the option enf6rcement notice process by notifying the option partyor parties with the most recent space option(s) that meets the
requirements of CLEC A's Collocation Application.
8.4.The option enforcement notice serves as notification
to the option party that Qwest is in possession of a valid Collocation
Application, and calls for the option party to exercise its Right of First
Refusal, or relinquish its space option. The option party may exercise its
Right of First Refusal by submitting either a Collocation Application as set
forth in Section 8.4., or by submitting the Collocation Space
Reservation Application set forth in Section 8.4., within ten (10)
calendar Days of receipt of the option enforcement notice. This process
continues for all optioned space until all optioned space is exercised or
optioned space is relinquished (affirmatively by CLEC or upon expiration
of the notice period , whichever is earlier) to fulfill the Collocation
Application. Once optioned space has been relinquished for use to fulfill
the Collocation Application , the standard ordering terms and conditions
for Collocation shall apply.
8.4.Where contiguous space has been optioned, Qwest
will make its best effort to notify CLEC if Qwest, its Affiliates or other
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Section 8
Collocation
CLECs require the use of CLEC's contiguous space. Upon notification
CLEC will have seventy-two (72) hours to indicate its intent to submit a
Collocation Application or Collocation Reservation. CLEC may choose to
terminate the contiguous space option or continue without the contiguous
provision.
8.4.7.4 The rate elements for the Collocation Space Option
are comprised of the following:a) Space Option Administration Fee is a nonrecurring
fee for all Collocation Space Option requests and covers the
processing of application, feasibility, common space engineering,
records management, and administration of the First Right of
Refusal process.b) Space Option Fee is a monthly recurring fee that will
be charged based upon the amount of space being optioned , at
two dollars ($2.00) per square foot per month.
8.4.In the event that the option party proceeds with a Collocation
Application for optioned space all payments made pursuant to Section
8.4.7.4(b) above shall be applied to such Collocation Application.
8.4.The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation
(Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5)
Collocation Applications per CLEC per week per state. If six (6) or more Collocation
Applications are submitted by CLEC in a one (1) week period in the state, intervals shall
be individually negotiated. Qwest shall, however, accept more than five (5) Collocation
Applications from CLEC per week per state, depending on the volume of Collocation
Applications pending from other CLECs.
Ordering - Virtual Collocation
8.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.Qwest will perform a feasibility study to determine if
adequate space, power and HV AC can be found for the placement of CLEC's equipment
within the Premises. The feasibility study will be provided within ten (10) calendar Days
of receipt of a complete Collocation Application. As part of the feasibility study, Qwest
will also notify CLEC of any known circumstance that may delay delivery of the ordered
Collocation space and related facilities.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation - If Collocation Entrance Facilities and space are available
Qwest will develop a price quotation within twenty-five (25) calendar Days of completion
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Section 8
Collocation
of the feasibility study. Subsequent requests to augment an existing Collocation also
require receipt of a Collocation Application. Adding plug-ins, e., DS1 or DS3 cards to
existing virtually collocated equipment, will be processed and provisioned within ten (10)
business days. Virtual Collocation price quotes will be honored for thirty (30) calendar
Days from the date the quote is provided. During this period the Collocation Entrance
Facility and space are reserved pending CLEC's Acceptance of the quoted charges.
8.4.Acceptance -- Upon receipt of complete Collocation Acceptance, as
described in 8.4., space will be reserved and construction by Qwest will begin.
8.4.2.4 Interval - The interval for Virtual Collocation shall vary depending upon
four (4) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved, in accordance with Section 8.4.7; 2) whether CLEC
provides its Acceptance within seven (7) calendar Days receipt of the quotation; 3)
whether CLEC delivers its collocated equipment to 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 Collocation Application requires major infrastructure
additions or modifications. The installation of line cards and other minor modifications
shall be performed by Qwest on shorter intervals and in no instance shall any such
interval exceed thirty (30) calendar Days. When Qwest is permitted to complete a
Collocation installation in an interval that is longer than the standard intervals set forth
below, Qwest shall use its best efforts to minimize the extension of the intervals beyond
such standard intervals.
8.4.2.4.Forecasted Applications with Timely Acceptance - If a
Collocation Application is included in CLEC's forecast at least sixty (60) calendar
Days prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) calendar Days of receipt of the Qwest
Collocation quotation , and if all of CLEC's equipment is available at the Qwest
Premises no later than fifty-three (53) calendar Days after receipt of the complete
Collocation Application, Qwest shall complete its installation of the Collocation
arrangement within ninety (90) calendar Days of the receipt of the complete
Collocation Application. If CLEC's equipment is not delivered to Qwest within
fifty-three (53) calendar Days after receipt of the complete Collocation
Application , Qwest shall complete the Collocation installation within forty-five (45)
calendar Days of the receipt of all of CLEC's equipment.
8.4.Forecasted Applications with Late Acceptance If a Premises is
included in CLEC's forecast at least sixty (60) calendar Days prior to submission
of the Collocation Application , and if CLEC provides a complete Acceptance
more than seven (7) calendar Days but less than thirty (30) calendar Days after
receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is
available at the Qwest Premises no later than fifty-three (53) calendar Days after
receipt of the complete Collocation Acceptance, 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'
equipment. If CLEC submits its Acceptance more than thirty (30) calendar Days
after receipt of the Qwest quotation , the Collocation Application shall be
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Section 8
Collocation
resubmitted by CLEC.
8.4.2.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) calendar Days
prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) calendar Days of receipt of the Qwest
Collocation quotation, and if all of CLEC's equipment is available at the 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 Collocation Application, and if CLEC provides a complete
Acceptance more than seven (7) calendar Days but less than thirty (30) calendar
Days after receipt of the Qwest Collocation quotation , and if all of CLEC'
equipment is available at the Qwest Premises no later than fifty-three (53)
calendar Days after receipt of the complete Collocation Acceptance, Qwest shall
complete its installation of the Collocation arrangement within one hundred and
twenty (120) calendar Days of the receipt of the complete Collocation
Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53)
calendar Days after receipt of the complete Collocation Acceptance, Qwest shall
complete the Collocation installation within seventy-five (75) calendar Days of the
receipt of all of CLEC's equipment.
8.4.2.4.Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC'
specific requirements. Major infrastructure modifications that may be required
include conditioning space, permits, DC power plant, standby generators
heating, venting or air conditioning equipment. The installation intervals in
Sections 8.4.2.4.through 8.4.2.4.4 may be extended if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, and if all of CLEC's equipment is
available at the Qwest Premises no later than fifty-three (53) calendar Days after
receipt of the complete Collocation Application , Qwest shall propose to complete
its installation of the Collocation arrangement within an interval of no more than
one hundred and fifty (150) calendar Days after receipt of the complete
.collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case Qwest must
request a waiver from the Commission to obtain an extended interval.
8.4.2.4.Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.1 and 8.4.2.4.
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Section 8
Collocation
when CLEC submits a Collocation Application. If not withstanding these efforts,
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Qwest may seek a waiver from the Commission to obtain
an extended interval.
Ordering - Caged and Cage less Physical Collocation
8.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.5 Qwest will perform a feasibility study to determine if
adequate space, power, and HV AC can be found for the placement and operation of
CLEC's equipment within the Premises. The feasibility study will be provided within ten
(10) calendar Days from date of receipt of a complete Collocation Application. As part of
the feasibility study, Qwest will also notify CLEC of any known circumstance that may
delay delivery of the ordered Collocation space and related facilities.
8.4.If. Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation -- If Collocation Entrance Facilities and space are available,
Qwest will develop a quote for the supporting structure. Qwest will complete the
quotation no later than twenty-five (25) calendar Days of providing the feasibility study.
Physical Collocation price quotes will be honored for thirty (30) calendar Days from the
date the quote is provided. During this period, the Collocation Entrance Facility and
space is reserved pending CLEC's Acceptance of the quoted charges.
8.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.6 space will be reserved and construction by Qwest will begin.
8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon
three factors - 1) whether the request was forecasted in accordance with Section 8.4.1.4
or the space was reserved , in accordance with Section 8.4.7; 2) whether CLEC
provides its Acceptance within seven (7) calendar days of receipt of the quotation; and
3) whether the Application requires major infrastructure additions or modifications.
When Qwest is permitted to complete a Collocation installation in an interval that is
longer than the standard intervals set forth below, Qwest shall use its best efforts to
minimize the extension of the intervals beyond such standard intervals.
8.4.3.4.Forecasted Applications with Timely Acceptance If a Premises
is included in CLEC'forecast at least sixty (60) calendar Days prior to
submission of the application, and if CLEC provides a complete Acceptance
within seven (7) calendar Days of receipt of the Qwest Collocation quotation
Qwest shall complete its installation of the Collocation arrangement within ninety
(90) calendar Days of the receipt of the complete Collocation Application.
8.4.3.4.Forecasted Applications with Late Acceptance If a Premises is
included in CLEC's forecast at least sixty (60) calendar Days prior to submission
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of the Collocation Application , and if CLEC provides a complete Acceptance
more than seven (7) calendar Days but less than thirty (30) calendar Days after
receipt of the Qwest Collocation quotation , Qwest shall complete its installation of
the Collocation arrangement within ninety (90) calendar Days of the receipt of the
complete Collocation Acceptance. If CLEC submits its Acceptance more than
thirty (30) calendar Days after receipt of the Qwest quotation , a new Collocation
Application shall be resubmitted by CLEC.
8.4.3.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) calendar Days
prior to submission of the Collocation Application , and if CLEC provides a
complete Acceptance within seven (7) calendar Days after receipt of the Qwest
Collocation quotation 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 Collocation Application and if CLEC provides a complete
Acceptance more than seven (7) calendar Days but less than thirty (30) calendar
Days after receipt of the Qwest Collocation quotation, Qwest shall complete its
installation of the Collocation arrangement within one hundred and twenty (120)
calendar Days of the receipt of the complete Collocation Acceptance.
8.4.3.4.Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC'
specific requirements. Major infrastructure modifications that may be required
include conditioning space, permits DC power plant, 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, to
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.
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Ordering - Interconnection Distribution Frame (ICDF) Collocation
8.4.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.Qwest will perform a feasibility study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the Wire Center. The feasibility study will be provided within ten (10) calendar
Days from date of receipt of a complete Collocation Application. As part of the feasibility
study, Qwest will also notify CLEC of any known circumstance that may delay delivery of
the ordered Collocation space and related facilities. CLEC may submit an ICDF forecast
in accordance with Section "8.4.1.4. The forecast shall include demand by DSO 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 Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation -- If space is available Qwest will develop a quote for the
supporting structure. Qwest will complete the quotation no later than twenty-five (25)
calendar Days of providing the feasibility study. ICDF Collocation price quotes will be
honored for thirty (30) calendar Days from the date the quote is provided. During this
period , the space is reserved pending CLEC's Acceptance of the quoted charges.
8.4.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4., space will be reserved and construction by Qwest will
begin.
8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two
(2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the
space was reserved, in accordance with Section 8.4.7 and 2) whether CLEC provides
its Acceptance within seven (7) calendar Days of the quotation. When Qwest is
permitted to complete a Collocation installation in an interval that is longer than the
standard intervals set forth below Qwest shall use its best efforts to minimize the
extension of the intervals beyond such standard intervals.
8.4.4.4.Forecasted Applications with Timely Acceptance If a Premises
is included in CLEC'forecast at least sixty (60) calendar Days prior to
submission. of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation
quotation , Qwest shall complete its installation of the Collocation arrangement
within forty-five (45) calendar Days of the receipt of the complete Collocation
Application.
8.4.4.4.Forecasted Applications with Late Acceptance If a Premises is
included in CLEC's forecast at least sixty (60) calendar Days prior to submission
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of the Collocation Application and if CLEC provides a complete Acceptance
more than seven (7) calendar Days but less than thirty (30) calendar Days after
receipt of the Qwest Collocation quotation , Qwest shall complete its installation of
the Collocation arrangement within forty-five (45) calendar Days of the receipt of
the complete Collocation Acceptance. If CLEC submits its Acceptance more
than thirty (30) days after receipt of the Qwest quotation, the Collocation
Application shall be resubmitted by CLEC.
8.4.4.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) calendar Days
prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) calendar Days after receipt of the Qwest
Collocation quotation 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 Collocation Application and if CLEC provides a complete
Acceptance more than seven (7) calendar Days but less than thirty (30) calendar
Days after receipt of the Qwest Collocation quotation , Qwest shall complete its
installation of the Collocation arrangement within ninety (90) calendar Days of the
receipt of the complete Collocation Acceptance. This interval may be lengthened
if space must be reclaimed or reconditioned. The need for an extended interval
shall be 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'
Collocation Application, and the construction by CLEC of the adjacent structure.
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.
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Ordering - Remote Collocation and Adjacent Remote Collocation
8.4.The ordering procedures and intervals for Physical Collocation or Virtual
Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation
provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4.
Remote Collocation and Adjacent Remote Collocation are ordered using the Remote
Collocation Application Form.
8.4.If space for Physical Collocation or Virtual Collocation in a particular
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 8.5 (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 Collocation Application.
8.4.If Qwest determines that the Collocation Application is not
complete , Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation -- If existing cable racking is available Qwest will provide
CLEC with a quote and the specific cable rack route to CLEC with the feasibility study. If
additional cable racking is required to accommodate CLEC's request Qwest shall
provide a feasibility and quote to CLEC no later than ten (10) calendar Days of receipt of
Collocation Application. CLEC-to-CLEC Connection quotes will be honored for thirty
(30) calendar Days from the date the quote is provided. During this period, the space is
reserved pending CLEC's Acceptance of the quoted charges.
8.4.Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC
Connections:
8.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC
must submit payment of one hundred percent (1000/0) of the quoted nonrecurring
charges with its Acceptance. Upon receipt of a complete Collocation
Acceptance CLEC may begin placement of its copper, coax, or fiber cables
along the Qwest designated cable rack route. Recurring charges will begin with
CLEC Acceptance.
8.4.CLEC-to-CLEC Connections using new cable rack. - Upon
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Collocation
receipt of a complete Acceptance from CLEC, as described in Section 8.4.
Qwest will begin construction of the new cable rack.
8.4.7.4 Interval - Pursuant to Section 8.4., the construction interval for
CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall
be within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance.
If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the
Qwest quotation , the Collocation Application shall be resubmitted by CLEC.
Ordering - Direct Connections
8.4.Application - Where Direct Connection is requested in a Wire Center
where CLEC already has established Collocation, upon receipt of the applicable portions
of a complete Collocation Application as described in Section 8.4.5 (Subsections a, e
hand 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 Collocation Application.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation - If existing cable racking is available, Qwest will provide CLEC
with a quote and the specific cable rack route with the feasibility study. If additional
cable racking is required to accommodate CLEC's request, Qwest shall provide a quoteto CLEC no later than ten (10) calendar Days after receipt of a complete Collocation
Application. Direct Connection quotes will be honored for thirty (30) calendar Days from
the date the quote is provided. During this period, the space is reserved pending
CLEC's Acceptance of the quoted charges.
8.4.
Connection:
Acceptance - There are two (2) forms of Acceptance for Direct
8.4.Direct Connection with existing cable rack. CLEC must submit
payment of one hundred percent (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.
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Collocation
8.4.8.4.If CLEC provides a complete Acceptance within thirty (30)
calendar Days of receipt of the Qwest Collocation quotation, Qwest shall
complete its installation of the Direct Connection above the DSO level where no
new cable racking is required within thirty (30) calendar Days of the receipt of the
complete Collocation Acceptance. If Direct Connectio~ is required at the DSO
level, to the COSMICTM, or if new cable racking needs to be installed , Qwest will
provision the direct trunking within sixty (60) calendar Days of the receipt of the
complete Collocation Acceptance.
Ordering - Facility Connected (FC) Collocation
8.4.Application - Upon receipt of a complete Collocation Application as
described in Section 8.4., Qwest will perform a feasibility study. The feasibility study
will be provided within ten (10) calendar Days of receipt of a complete Collocation
Application. As part of the feasibility study, Qwest wiU also notify CLEC of any known
circumstance that may delay delivery of the ordered Collocation space and related
facilities.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation - If Collocation Entrance Facilities and space are available
Qwest will develop a price quotation within twenty-five (25) calendar Days of providing
the feasibility study. Facility Connected Collocation price quotes will be honored for
thirty (30) calendar Days from the date the quote is provided. During this period , the
Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the
quoted charges.
8.4.Acceptance - Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4., space will be reserved and construction by Qwest will
begin.
8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on
two (2) factors - 1) whether CLEC provides its Acceptance within seven (7) calendar
Days of receipt of the quotation; and 2) whether CLEC delivers its Entrance Facility to
Qwest's C-POI in a timely manner, which shall mean within fifty-three (53) calendar Days
of the receipt of the complete Collocation Application. Qwest will provide FC Collocation
ninety (90) calendar Days from receipt of a complete Collocation Application with timely
Acceptance of the quote by CLEC. With late Acceptance of the quote by CLEC, Qwest
will provide FC Collocation ninety (90) calendar Days from Acceptance. CLEC must
have its Entrance Facility at the C-POI no later than fifty-three (53) calendar Days after
Qwest receives the complete Collocation Application. If CLEC's Entrance Facility is not
completed to the C-POI within fifty-three (53) calendar Days after receipt of the complete
Collocation Application, Qwest shall complete the FC Collocation within forty-five (45)
calendar Days of the completion and availability of CLEC's Entrance Facility at the C-
POI.
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Collocation
Billing
Billing - All Collocation
Upon completion of the Collocation construction activities and payment of
the remaining nonrecurring balance, Qwest will provide CLEC a completion package th~t
will initiate the recurring Collocation charges. Once this completion package has been
signed by CLEC and Qwest, and Qwest has received the final fifty percent (500/0)
balance, Qwest will activate CLEC transport services and/or UNEs or ancillary services
coincident with completion of the Collocation.
In the event Qwest has completed all associated 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), Qwest will bill an adjusted amount of the remaining nonrecurring balance, close
the job, and begin Billing the monthly recurring rent charge. In those instances where
the job is delayed due to CLEC not having its fiber to the POI, Qwest will request the
balance due minus the dollar amount specific to this work activity, and begin Billing the
monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC canrequest Qwest to return and complete the splicing activity at the rate reflected in this
Agreement. In the case of missing equipment cables, CLEC will be responsible for
installing the cables if not delivered at job completion. The installation activity must be
conducted by a Qwest approved vendor and follow the designated racking route. Final
test and turn-up will be performed under the Maintenance and Repair process contained
herein.
Billing - Virtual Collocation
Virtual Collocation will be considered complete when the Premises isReady for Service (RFS). Cooperative testing between CLEC and Qwest may be
negotiated and performed to ensure continuity and acceptable transmission parameters
in the facility and equipment.
Billing - Caged and Cage less Physical Collocation
Payment for the remaining nonrecurring charges shall be upon the RFS
date. Upon completion of the construction activities and payment of the remaining
nonrecurring charges, Qwest will schedule a walk through of the space with CLEC.
During this joint walk through , Qwest will turn over access to the space and provide
security access to the Premises. Upon completion of the acceptance walk through
CLEC will be provided the Caged or Cageless Physical Collocation completion package
(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 Qwest, despite its best efforts, including notification through the
contact number on the Collocation Application, is unable to schedule the walk through
with CLEC within twenty-one (21) calendar Days of the RFS, Qwest shall activate the
monthly recurring charges.
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Section 8
Collocation
Maintenance and Repair
Virtual Collocation
Maintenance Labor, Inspector Labor, Engineering Labor and Equipment
Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm
(local time) and after business hours are after 5:00 pm and before 8:00 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's virtually collocated equipment, Qwest will promptly
notify CLEC of such failure and the corrective action that is needed. Qwest will repair
such equipment within the same time periods and with failure rates that are no greater
than those ~hat 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.
Facility Connected (FC) Collocation
Qwest will be responsible for all Maintenance and Repair of FC
Collocation facilities from the C-POI into and within the Wire Center, and for the
associated Interconnection , ancillary services, and Finished Services terminated on the
FC Collocation blocks or panels. CLEC does not have physical access to the Wire
Center for FC Collocation.
Splitter Collocation
When Splitters are installed in Qwest Wire Centers via Common Area
Splitter Collocation, GLEe will order and install additional Splitter cards as necessary to
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increase the capacity of the Splitters. CLEC will leave one (1) unused, spare Splitter
card in every shelf to be used for Maintenance and Repair until such time as the card
must be used to fill the shelf to capacity.
When Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC may install test access equipment in its Collocation
areas in those Wire Centers for the purpose of testing Shared Loops. This equipment
must meet the requirements for Central Office equipment set by the FCC in its March 31
1999 Order in CC Docket No. 98-147.
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Section 9
Unbundled Network Elements
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS
General Terms
Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements Qwest is required to
unbundle and/or provide in a UNE Combination , shall be incorporated into this Agreement by
amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in
Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws, the Bona
Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that
Qwest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of the
Act and 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 DS 1 or DS3 Loop is not in a Wire Center
identified on the list provided by Qwest of Wire Centers that meet the applicable non-
impairment thresholds as specified in Section 9., and that a requested unbundled 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
Qwest must immediately process the request, if the UNE is in a location that
does not meet the applicable non-impairment thresholds as specified in Section
2 or Section 9.6. To the extent that Qwest seeks to challenge any other such
UNEs it subsequently can raise that issue through the dispute resolution
procedures provided for in this Agreement.
If it is determined by CLEC or Qwest 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
Qwest alternate service arrangements. CLEC is also responsible for all non-recurring
charges associated with such conversions.
When CLEC submits an order to convert a special access circuit to a
UNE and that circuit has previously been exempt from the special access surcharge
pursuant to 47 C.R. ~ 69.115, CLEC shall document in its certification when al'1d how
the circuit was modified to permit interconnection of the circuit with local exchange
subscriber line.
To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis with an Unbundled Network
Element or combination of Unbundled Network Elements. Notwithstanding the
foregoing, the following are not available for resale Commingling:
Non-telecommunications services;
Enhanced or Information services;
Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and
Network Elements offered pursuant to Section 271.
CLEC may Commingle UNEs and combinations of UNEs with wholesale
services and facilities (e., switched and special access services offered pursuant to
Tariff), and request Qwest to perform the necessary functions to provision such
Commingling. CLEC will be required to provide the CFA (Connecting Facility
Assignment) of CLEC's network demarcation (e., Collocation or multiplexing facilities)
for each UNE UNE Combination , or wholesale service when requesting Qwest to
perform the Commingling of such services. Qwest shall not deny access to a UNE on
the grounds that the UNE or UNE Combination shares part of Qwest's network with
access services.
When a UNE and other service are Commingled , the service
interval for each facility being Commingled will apply only as long as a unique
provisioning process is not required for the UNE or service due to the
Commingling. Performance measurements and\or remedies do not applicable to
the total Commingled arrangement but do apply to each facility or service
ordered within the Commingled arrangement. Work performed by Qwest to
provide Commingled services that are not subject to standard provisioning
intervals will not be subject to performance measures and remedies, if any,
contained in this Agreement or elsewhere, by virtue of that service s 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 Qwest, and Qwest completes work required to perform the
Commingling that is in addition to work required to provision the service as a
stand-alone facility or service.
Qwest will not combine or Commingle services or Network
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Unbundled Network Elements
Elements that are offered by Qwest solely pursuant to Section 271 of the
Communications Act of 1934, as amended , with Unbundled Network Elements or
combinations of Unbundled Network Elements.
Services are available for Commingling only in the manner in
which they are provided in Qwest's applicable product Tariffs, catalogs , price
lists , or other Telecommunications Services offerings.
Entrance Facilities and mid-span meet SPOI obtained
pursuant to Section 7 of this Agreement are not available for
Commingling.
Ratcheting. To the extent that CLEC requests Qwest to commingle a UNE
or a UNE Combination with one or more facilities or services that CLEC has obtained at
wholesale from Qwest pursuant to a method other than unbundling under Section
251 (c)(3) of the Act, Qwest will not be required to bill that wholesale circuit at multiple
rates, otherwise known as ratcheting. Such commingling will not affect the prices of
UNEs or UNE Combinations involved.
To the extent a multiplexed facility is included in a Commingled
circuit then: (1) the multiplexed facility will be ordered and billed at the UNE rate
if and only if all circuits entering the multiplexer are UNEs and (2) in all other
situations the multiplexed facility will be ordered and billed pursuant to the
appropriate Tariff.
Service Eligibility Criteria
The following Service Eligibility Criteria apply to combinations and/or Commingling of
high capacity (DS1 and DS3) Loops and interoffice transport (high capacity EELs). This
includes new UNE EELs , EEL conversions (including commingled EEL conversions), or
new commingled EELs (e., high capacity loops attached to special access transport).
10.Except as otherwise provided in this Section 9., Qwest shall
provide access to Unbundled Network Elements and Combinations of Unbundled
Network Elements without regard to whether CLEC seeks access to the
Unbundled Network Elements to establish a new circuit or to convert an existing
circuit from a service to Unbundled Network Elements.
10.CLEC must certify that the following Service Eligibility Criteria are
satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to
obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a
Commingled circuit that includes a high capacity Loop and transport facility or
service. Such certification shall be in accordance with all of the following
Sections.
10.State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the 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 DS1 circuit, each DS1 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
Qwest'Premises within the same LATA as the End User
Customer premises, when Qwest is not the collocator, and
cannot be at an Interexchange Carrier POP or ISP POP location;b) Each circuit to be provided to each End User
Customer will terminate in a Collocation arrangement that is
located at the third party s premises within the same LATA as the
End User Customer s premises , when Qwest is the collocator; andc) When a DS1 or DS3 EEL Loop is connected to a
multiplexed facility, the multiplexed facility must be terminated in a
Collocation arrangement that is established pursuant to Section
251 (c)(6) of the Act and located at Qwest's Premises within the
same LATA as the End User Customer s premises, when Qwest is
not the collocator, and cannot be at an Interexchange Carrier POP
or ISP POP location.
10.Interconnection Trunking. CLEC must arrange for the
meaningful exchange of traffic which must include hand-offs of local voice
calls that flow in both directions. Those arrangements that do not include
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 DS 1 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 of
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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Unbundled Network Elements
with relevant records (e., network and circuit configuration data, local
telephone numbers) which demonstrate that CLEC'high capacity
combination and Commingled facilities meet the Service Eligibility
Criteria.
10.An independent auditor hired and paid for by Qwest shall
perform any Service Eligibility Audits, provided , however, that if a Service
Eligibility Audit reveals that CLEC's high capacity combination and
Commingled facility circuit(s) do not meet or have not met the Service
Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the
audit. To the extent the independent auditor report concludes that
CLEC complied in all material respects with the Service Eligibility Criteria,
Qwest shall reimburse CLEC for its costs associated with the Service
Eligibility Audit.
10.5.4 An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for
Certified Public Accountants (AI CPA) and during normal business hours
unless there is a mutual agreement otherwise.
10.Qwest shall not exercise its Service Eligibility Audit rights
with respect to CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibility Audit does find non-compliance, Qwest shall not exercise its
Service Eligibility Audit rights for sixty (60) Days following that audit, and if
any subsequent Service Eligibility Audit does not find non-compliance,
then Qwest shall not exercise its Service Eligibility Audit rights for the
remainder of the calendar year.
10.At the same time that Qwest provides notice of a Service
Eligibility Audit to CLEC under this paragraph, Qwest shall send a copy of
the notice to the Federal Communications Commission.
10.Service Eligibility Audits conducted by Qwest for the
purpose of determining compliance with Service Eligibility Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
Qwest may have pursuant to other provisions of this Agreement.
10.Qwest shall not use any other audit rights it may have
under this Agreement to audit for compliance with the Service Eligibility
Criteria of this Section. Qwest shall not require a Service Eligibility Audit
as a prior prerequisite to Provisioning combination and Commingled
facilities.
10.CLEC shall maintain appropriate records to support its
Service Eligibility Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
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
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splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a line
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that Qwest ordinarily
attaches to a DS 1 loop to activate such loop for its own retail End User
Customer. They also include activities needed to enable CLEC to light a
dark fiber transport facility. Routine network modifications may (3ntail
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
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 a
different Due Date by submitting a supplemental order to change the Due
Date to a later date.
For UNEs that do not meet the requirements in
Section 9., Qwest will send CLEC a rejection notice canceling the
LSR or ASR. Upon receipt of the rejection notice, CLEC may submit a
request to build UNEs pursuant to Section 9.19 of this Agreement.1.4 Qwest will provide CLEC notification of major Loop facility builds
through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds $100 000 in total cost
the estimated Ready for Service Date , the number of pairs or fibers added , and
the location of the new facilities (e., Distribution Area for copper distribution
route number for copper feeder, and termination CLLI codes for fiber). CLEC
acknowledges that Qwest does not warrant or guarantee the estimated Ready for
Service Dates. CLEC also acknowledges that funded Qwest outside plant
engineering jobs may be modified or cancelled at any time.
Intentionally Left Blank.
Intentionally Left Blank.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
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each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the
connection between the Unbundled Network Element and the ICDF or other Central Office
Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are
contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shall
be:a) at 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 (lCDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation, at the ICDF; ord) if CLEC elects to use a direct connection from its Collocation space to the
distribution frame serving a particular element, at the distribution frame; or
at another Central Office Demarcation Point mutually-agreed to by the Parties.
CLEC may connect Network Elements in any Technically Feasible manner.
Qwest will provide CLEC with the same features, functions and capabilities of a particular
element or combinations of elements that Qwest provides to itself. Qwest will provide CLEC
with all of the features and functionalities of a particular element or combination of elements
(regardless of whether such combination of elements is ordered from Qwest in combination or
as elements to be combined by CLEC), so that CLEC can provide any Telecommunications
Services that can be offered by means of such element or combination of elements. Qwest will
provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such
elements to provide any Telecommunications Services. Qwest shall not in any way restrict
CLEC's use of any element or combination of elements (regardless of whether such
combination of elements is ordered from Qwest in combination or as elements to be combined
by CLEC) except as Qwest may be expressly permitted or required by Existing Rules.
Except as set forth in Section 9.23, 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 is
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.
Qwest will cooperate with CLEC in any Technically Feasible testing
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necessary or reasonably requested by CLEC to assist in determining end-to-end
transmission and circuit functionality of such UNE.
When elements are provisioned by Qwest in combination:a) Qwest will perform testing necessary or reasonably requested by CLEC
to determine that such combination and each UNE included in such combination
is capable of meeting the technical parameters of the combination.b) Qwest will repair and maintain such combination and each UNE
included in such combination to ensure that such UNE continues to meet the
technical parameters of the combination.c) Qwest will cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to determine end-to-end
transmission and circuit functionality of such combination.
Installation intervals for Unbundled Network Elements are contained in Exhibit C.
Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT, which is located on the Qwest Web site.
In order to maintain and modernize the network properly, Qwest may make
necessary modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities will result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect
network Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits
and new area code implementation. FCC rules are contained in C.R. Parts 51 and 52. Qwest
provides such disclosures on an Internet web-site.10 Channel Regeneration. Qwest's design will ensure the cable between the
Qwest-provided active elements and the DSX will meet the proper signal level requirements.
Channel regeneration will not be charged for separately for Interconnection between a
Collocation space and Qwest'network. Cable distance limitations are based on ANSI
Standard T1.1 02-1993 "Digital Hierarchy - Electrical Interface; Annex B.
Exhibit A of this Agreement contains the rates for Unbundled Network Elements.12 Miscellaneous Charges are defined in the Definitions Section. Miscellaneous
Charges are in addition to nonrecurring and recurring charges set forth in Exhibit A.
Miscellaneous Charges apply to activities CLEC requests Qwest perform, activities CLEC
authorizes, or charges that are a result of CLECs actions, such as cancellation charges or
expedite charges. Rates for Miscellaneous Charges are contained in Exhibit A. Unless
otherwise provided for in this Agreement, no additional charges will apply.
ntentionally Left Blank.
Intentionally Left Blank.
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Unbundled Network Elements15 Expedite requests for designed Unbundled Network Elements are allowed.
Expedites are requests for intervals that are shorter than the interval defined in Qwest's Service
Interval Guide (SIG) or Individual Case Basis (ICB) due date.
15.CLEC will request an expedite for designed Unbundled Netw~rk
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 Qwest's Product Catalog
for expedites at Qwest's wholesale web site.
Unbundled Loops
Description
The Unbundled Loop is defined as a transmission facility between a distribution frame (or its
equivalent) in a Qwest Central Office and the Loop Demarcation Point at an End User
Customer s premises. The Unbundled Loop includes all features , functions, and capabilities of
such transmission facility. Those features, functions, and capabilities include, but are not limited
, attached electronics that are necessary for the full functionality of the loop (except those
electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access
Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1 , and DS3 Loops.
Loop Demarcation Point - For the purposes of this Section, Loop
Demarcation Point is the point where Qwest owned or controlled facilities cease, and
CLEC , End User Customer, owner or landlord ownership of facilities begins.
FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-
Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or
lit, and serving an End User Customer s Premises , or, in the case of predominantly
residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that
extends to the MDU's minimum point of entry (MPOE). For purposes of this Section , a
Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer s Premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU'MPOE. The fiber optic cable in a FTTC must connect to a
copper distribution plant loop at a serving area interface from which every other copper
distribution subloop also is not more than 500 feet from the respective End User
Customer s Premises.
FTTH/FTTC New Builds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop to an End User Customer s Premises
that had not previously been served by any loop facility prior to October 2 2003.
FTTH/FTTC Overbuilds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop parallel to, or in replacement of, an
existing copper loop facility. Notwithstanding the foregoing, where Qwest
deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper
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loop facility:
Qwest shall: (i) leave the existing copper loop
connected to the End User Customer s Premises after deploying the
FTTH/FTTC loop to such Premises, and (ii) upon request provide access
to such copper loop as an Unbundled Network Element. Notwithstanding
the foreg9ing, 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
shalt 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
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,
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and capabilities of the Hybrid Loop that are not used to transmit packetized
information.
Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services , Qwest may either:a) Provide non-discriminatory acce~s, 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
Qwest shall provide CLEC , on a non-discriminatory basis Unbundled
Loops (unbundled from local switching and transport) of substantially the same quality
as the Loop that Qwest uses to provide service to its own End User Customers. For
Unbundled Loops that have retail analogue Qwest will provide these Unbundled
Loops in substantially the same time and manner as Qwest provides to its own End User
Customers. Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
Use of the word "capable" to describe Loops in Section 9.
means that Qwest assures that the Loop meets the technical standards
associated with the specified Network Channel/Network Channel Interface
codes, as contained in the relevant technical publications and industry standards.
Use of the word "compatible" to describe Loops in Section 9.
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. Qwest makes no assumptions as
to the capabilities of CLEC's Central Office equipment or the Customer Premises
Equipment.
Analog (Voice Grade) Unbundled Loops. Analog (voice grade)
Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point
configuration suitable for local exchange type services. For the two-wire configuration
CLEC must specify the signaling option. The actual Loop facilities may utilize various
technologies or combinations of technologies.
If Qwest uses Integrated Digital Loop Carrier (IDLC) systems to
provide the Unbundled Loop, Qwest will first attempt, to the extent possible, to
make alternate arrangements such as Line and Station Transfers (LST), to
permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not
available, Qwest may also seek alternatives such as 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, Qwest will make
every feasible effort to provision Unbundled Loops over the IDLC in order to
provide the Unbundled Loop for GLEC.
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9.2.In areas where Qwest has deployed amounts of
IDLC that are sufficient to cause reasonable concern about CLEC'
ability to provide service through available copper facilities on a broad
scale, CLEC shall have the ability to gain access to Qwest information
sufficient to provide CLEC with a reasonably complete identification of
such available copper facilities. Qwest shall be entitled to mediate
access in a manner reasonably related to the need to protect Confidential
or Proprietary Information. CLEC shall be responsible for Qwest's
incremental costs to provide such information or access mediation.
If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop, Qwest will provide an Analog Unbundled
Loop that meets the state technical standards. If necessary to meet the state
standards, Qwest will, at no cost to CLEC, remove load coils and Bridged 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. Qwest will provision digital Loops in a non-discriminatory manner, using the
same facilities assignment processes that Qwest uses for itself to provide the requisite
service. Digital Loops may use a single or multiple transmission technologies.
continuity does not apply to digital capable Loops. If conditioning is required, then CLEC
shall be charged for such conditioning as set forth in Exhibit A if it authorized Qwest to
perform such conditioning.
Intentionally Left Blank.
DS1 Unbundled Loops. Subject to the cap described in
Section 9., Qwest shall provide CLEC with non-discriminatory
access to a DS1 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., Qwest shall provide CLEC with non-
discriminatory access to a DS3 Loop on an unbundled basis to any
building not served by a Wire Center with at least 38 000 Business Lines
and at least four (4) Fiber-based Collocators. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
that Wire Center.
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Cap on Unbundled DS3 Loop Circuits. CLEC may
obtain a maximum of a single unbundled DS3 Loop to any single
building in which DS3 Loops are available as unbundled Loops.
Qwest shall make a list available to CLEC of those Wire
Centers that satisfy the above criteria and update that list as additional
Wire Centers meet these criteria.
If CLEC orders a 2/4 wire non-loaded or ADSL compatible
Unbundled Loop for an End User Customer served by a digital loop carrier
system , Qwestwill 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
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provision ISDN (BRI) capable and xDSL-capable Loops using the specifications in the
Technical Publication 77384. Refer to that document for more information. CLEC will
be charged an Extension Technology recurring charge in addition to the Unbundled
Loop recurring charge, if applicable, as specified in Exhibit A of this Agreement. The
ISDN Capable Loop may also require conditioning (e., removal of load coils or Bridged
Taps).
For DS1 or DS3 capable Loops Qwest will provide the necessary
electronics at both ends, including any intermediate repeaters. In addition, CLEC will
have access to these terminations for testing purposes.
DS1 capable Loops provide a transmission path between a
Central Office network interface at a DS 1 panel or equivalent in a Qwest serving
Central Office and the network interface at the End User Customer location. DS1
capable Loops transport bi-directional DS1 signals with a nominal transmission
rate of 1.544 Mbitls. 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 Mbitls. 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 CLLI code
cable name, pair name , terminal address, ML T distance, segment (F1 , F2), sub-
segment (e., 1 of F1), segment length , segment gauge , Bridged Taps length by
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segment, Bridged Taps offset distance, load coil type, and pair gain type. CLEC
may also access the IMA Raw Loop Data Tool for Loop specific information. The
IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This
tool provides CLEC the following information: Wire Center CLLI code, cable
name, pair name, terminal address ML T distance segment (F1 , F2), sub-
segment (e., 1 of F1), segment length, segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, number of loads , and pair
gain type.
POTS Conversion to Unbundled Loop Tool. The POTS
Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and
whether there are load coils on the Loop.8.4 DSL Qualification Tool. The DSL Qualification Tool is available
to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer
regarding the Loop ability to support Qwest DSL service. If the DSL
Qualification Tool returns a "" answer, it provides a brief explanation.
ISDN Qualification Tool. The ISDN Qualification Tool is
available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEC to view
information on multiple lines and will inform CLEC of the number of lines found.
If an ISDN capable Loop is found , the tool identifies the facility and, if applicable
pair gain.
If the Loop make-up information for a particular facility is not
contained in the Loop qualification tools, if the Loop qualification tools return
unclear or incomplete information, or if CLEC identifies any inaccuracy in the
information returned from the Loop qualification tools, and provides Qwest with
the basis for CLEC's belief that the information is inaccurate, then CLEC may
request, and Qwest will perform a manual search of the company s records, back
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 theLoop 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.
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Basic Installation. Basic Installation may be ordered for new or.
existing Unbundled Loops. Upon completion, Qwest will call CLEC to notify
CLEC that the Qwest work has been completed.
For an existing End User Customer, the Basic
Installation option is a "lift and lay" procedure. The Central Office
T~chnician (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 T echnidan 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.
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For both new and existing service, CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated
Appointment Time, the Qwest ImplementorlTester contacts CLEC to ensure
CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of
the scheduled Appointment Time , then CLEC must reschedule the installation by
submitting a supplemental LSR for a new Due Date and Appointment Time.
Qwest is not ready within thirty (30) minutes of the scheduled Appointment Time,
Qwest will waive the nonrecurring charge for the installation option and the
Parties will attempt to set a new appointment for the same day. If Qwest fails to
perform cooperative testing due to Qwest's fault, Qwest will waive the
nonrecurring charge for the installation option. If CLEC still desires cooperative
testing, the Parties will attempt to set a new Appointment Time on the same day
and , if unable to do so, Qwest will issue a jeopardy notice and a FOC with a new
Due Date.
For an existing End User Customer, Coordinated
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Office and performs testing that CLEC requests. Upon completion of
Qwest performance testing, the Qwest ImplementorlTester will contact
CLEC, read the Qwest test results, and begin CLEC cooperative testing.
Within two (2) business days, Qwest will email the Qwest test results to a
single , designated CLEC office email address. CLEC will be charged for
any Provisioning test CLEC requests that is not defined in the Qwest
Technical Publication 77384.
For new End User Customer service, Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
Technician complete circuit wiring and perform the required performance
tests to ensure that the new circuit meets required parameter limits.
Upon completion of Qwest performance testing, the Qwest
ImplementorlTester will contact CLEC, read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest will
email the Qwest test results to a single, designated CLEC office email
address. CLEC will be charged for any Provisioning test not defined in
the Qwest Technical Publication 77384. 9.4 Coordinated Installation Without Cooperative Testing.
Coordinated Installation Without Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at
CLEC's designated Appointment Time, the Qwest Implementor/Tester contacts
CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty
(30) minutes of the scheduled Appointment Time, then CLEC must reschedule
the installation by submitting a supplemental LSR. If Qwest is not ready within
thirty (30) minutes of the scheduled Appointment Time, Qwest will waive the
nonrecurring charge for the installation option and the Parties will attempt to set a
new Appointment Time on the same day and, if unable to do so, Qwest will issue
a jeopardy notice and a FOC with a new Due Date.
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9.4.For an existing Unbundled Loop this Coordinated
Installation Without Cooperative Testing is a "lift and lay" procedure
without a dispatch that offers CLEC the ability to coordinate the
conversion activity. The Qwest Implementor advises CLEC when the "lift
and lay" procedure is complete.
9.4.For new Unbundled Loops, Qwest may dispatch a
technician to terminate the new circuit at the End User Customer
premises. The . Field Technician will not remain on the premises
perform the coordinated installation once the circuit is in place. The COT
completes the installation in the Central Office, and the COT and
ImplementorlTester complete the required performance tests to ensure
that the new circuit meets required parameter limits. CLEC will not
receive test results. When installation is complete Qwest will notify
CLEC.
Basic Installation With Cooperative Testing. Basic Installation
With Cooperative Testing may be ordered for new or existing Unbundled Loops.
For an existing End User Customer Basic
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing on the Due Date. The COT "lifts" the Loop from its
current termination and "lays it on a new termination connecting 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 email
address. 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
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Automatic Number Identification (ANI) when dial-tone is present
b) 2-Wire and 4-Wire Non-Loaded Loops
No Load Coils, Opens, Grounds, Shorts , or Foreign Volts
Insertion Loss = 0 to -5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
c) Basic Rate ISDN and xDSL-Capable Loops
No Load Coils , Opens, Grounds, Shorts , or Foreign Volts
Insertion Loss = s 40 dB at 40 kHz
Automatic Number Identification (ANI) when dial-tone is present
d) DS1-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 = s 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.
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CLEC shall request a Project Coordinated
Installation by submitting a Local Service Request (LSR) and designating
this order as a Project Coordinated Installation in the remarks section of
the LSR form.
CLEC will incur additional charges for the Project
Coordinated Installation dependent upon the coordinated time. The rates
are based upon whether the request is within Qwest's normal business
hours or Out Of Hours. Qwest normal business hours for Unbundled
Loops are 8:00 a.m. to 5:00 p., Monday through Friday. The rates for
coordinated installations are set forth in Exhibit A. Where LNP is
included, see Section 10.5.4 for rate elements.7.4 Qwest will schedule the appropriate number of
employees prior to the cut, normally not to exceed four (4) employees
based upon information provided by CLEC. If the Project Coordinated
Installation includes LNP CLEC will also have appropriate personnel
scheduled for the negotiated FDT. If CLEC's information is modified
during the installation , and , as a result non-scheduled employees are
required , CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled , or supplemented to change the Due Date, within twenty-four
(24) hours of the negotiated FDT, CLEC will be charged a one (1) Person
three (3) hour minimum charge. For Project Coordinated Installations
with LNP, if the Coordinated Installation is cancelled due to a Qwest error
or a new Due Date is requested by Qwest, within twenty-four (24) hours
of the negotiated FDT, Qwest may be charged by CLEC one (1) Person
three (3) hour minimum charge as set forth in Exhibit A.7.5 If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful, CLEC and
Qwest agree to isolate and fix the problem in a timeframe acceptable to
CLEC or the End User Customer. If the problem cannot be corrected
within an acceptable timeframe to CLEC or the End User Customer
CLEC may request the restoral of Qwest service for the ported End User
Customer. Such restoration shall begin immediately upon request.
CLEC is in error then a supplemental order shall be provided to Qwest.
Qwest is in error, no supplemental order or additional order will be
required of CLEC.
If CLEC orders Project Coordinated Installation with
LNP, Qwest shall ensure that any LNP order activity requested
conjunction with a Project Coordinated Installation shall be implemented
in a manner that avoids interrupting service to the End User Customer.10 CLEC may request Qwest to Commingle DS1 or DSO analog voice grade
unbundled Loops with DS3 or DS 1 multiplexed facilities ordered by CLEC from Qwest'
special access or private line .Tariffs. Terms and conditions for this Commingled
arrangement are provided in Section 9.23.8 of this Agreement.
In order to properly maintain and modernize the network, Qwest may
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make necessary modifications and changes to Unbundled Loops, ancillary and Finished
Services in its network on an as needed basis. Such changes may result in minor
changes to transmission parameters. Changes that affect network Interoperability
require advance notice pursuant to the Notices Section of this Agreement.12 If there is a conflict between an End User Customer (or its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops
Qwest will advise the End User Customer to contact CLEC, and Qwest will initiate
contact with CLEC.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User
Customer up to and including the Loop Demarcation Point are the property of Qwest.
Qwest shall have reasonable access to all such facilities for network management
purposes. Qwest will coordinate entry dates and times with appropriate CLEC personnel
to accommodate testing, inspection repair and maintenance of such facilities and lines.
CLEC will not inhibit Qwest's employees and agents from entering said premises to test
inspect, repair and maintain such facilities and lines in connection with such purposes or
upon termination or cancellation of the Unbundled Loop service, to remove such facilities
and lines. Such entry is restricted to testing, inspection, repair and maintenance of
Qwest's property in that facility. Entry for any other purpose is subject to audit provisions
in the Audit section of this Agreement.
ntentionally Left Blank.
Reuse of Loop Facilities
15.When an End User Customer contacts Qwest with a request to
convert their local service from CLEC to Qwest, Qwest will notify CLEC of the
loss of the End User Customer, and will disconnect the Loop Qwest provided to
CLEC. Qwest will disconnect the Loop only where Qwest has obtained properProof of Authorization.
15.When CLEC contacts Qwest with a request to convert an End
User Customer from their Current Service Provider to CLEC, CLEC
responsible for notifying the Current Service Provider of the conversion. Qwest
will disconnect the Loop Qwest provided the Current Service Provider and, at
CLEC's request, where technically compatible, will reuse the Loop for the service
requested by CLEC (e., resale service).
15.When CLEC contacts Qwest with a request to convert an End
User Customer from Qwest to CLEC, at CLEC request, Qwest will reuse the
existing Loop facilities for the service requested by CLEC to the extent those
facilities are technically compatible with the service to be provided. Upon CLEC
request, Qwest will condition the existing Loop in accordance with the rates setforth in Exhibit A.
15.4 Upon completion of the disconnection of the Loop, Qwest will
send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.
Lack of Facilities; Priority Right to Facilities. In the event Qwest notifies
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CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest
shall maintain the order as pending for a period of thirty (30) business days. If facilities
become available to fill the order within that thirty (30) business day period, Qwest shall
notify CLEC of such availability. CLEC and Qwest acknowledge that the availability of
facilities hereunder is on a first come, first served basis. Any facility orders placed by
any other provider, including Qwest, which predate CLEC's order shall have priority for
any facilities made available under the terms of this section.
Rate Elements
The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A of
this Agreement. Recurring charges vary based on CLEC selected installation options
conditioning, and extension technology.
2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates.
2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates.
DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN , ADSL Compatible
Loop and xDSL-Capable Loop Recurring and Nonrecurring rates.
1 DSO , DS1 , and DS3-Capable Loop Conversion Nonrecurring
rates associated with the conversion of special access or private lines to
Unbundled Loops.3.4 Extension Technology Recurring and Nonrecurring rates for Digital
Capable Loops, including Basic Rate (BRI) ISDN and xDSL-Capable Loops.
Conditioning Nonrecurring rates 2/4 wire non-loaded Loops, Basic Rate
(BRI) ISDN ADSL Compatible Loop and xDSL-1 Capable Loop, as requested and
approved by CLEC.
Miscellaneous Charges, as defined in Sections 4 and 9., may apply.
Out of Hours Coordinated Installations.
For purposes of service installation, Qwest'installation hours
are 8:00 a.m. to 5:00 p., Monday through Friday.
Intentionally Left Blank.
Intentionally Left Blank.
ntentionally Left Blank.
For coordinated installations scheduled to commence Out of
Hours , or rescheduled by CLEC to commence Out of Hours, CLEC will incur
additional charges for the Out of Hours coordinated installation as set forth in
Exhibit A.
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Ordering Process
2.4.Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Operational Support Systems Section of this Agreement. Detailed
ordering processes are found on the Qwest wholesale web site.
2.4.Prior to placing orders on behalf of the End User Cust9mer, CLEC shall
be responsible for obtaining and have in its possession a Proof of Authorization.
2.4.Based on the pre-order Loop make-up, CLEC can determine if the circuit
can meet the technical parameters for the specific service CLEC intends to offer.
2.4.Before submitting an order for a 2/4 wire non-loaded Loop,
ADSL compatible Loop, ISDN capable Loop or xDSL-1 capable Loop, CLEC
should use one of Qwest's Loop make-up tools available via IMA-EDI , IMA-GUI
or the web-based application interface to obtain specific information about the
Loop CLEC seeks to order.
2.4.Based on the Loop make up information provided
through Qwest tools CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required CLEC may authorize Qwest to perform such
Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, Qwest will assume that CLEC has determined that Loop
conditioning is not necessary to provide the xDSL service CLEC seeks to
offer. If CLEC or Qwest determines that conditioning is necessary, and
CLEC authorizes Qwest to perform the conditioning, Qwest will perform
the conditioning. CLEC will be charged for the conditioning in accordance
with the rates in Exhibit . A. If Qwest determines that conditioning is
necessary and CLEC has not previously authorized Qwest to perform the
conditioning on the LSR Qwest will send CLEC a rejection notice
indicating the need to obtain approval for conditioning. CLEC must
submit a revised LSR before the conditioning work will commence. Once
Qwest receives the revised LSR, the fifteen (15) business day
conditioning interval will begin as described in Section 9.2.4.
2.4.For a 2/4 wire non-loaded Loop, ADSL-compatible
Loop, ISDN-capable Loop, and xDSL-I-capable Loop, Qwest will return a
Firm Order Confirmation (FOC) to CLEC within seventy-two (72) hours
from receipt of a valid and accurate LSR. Return of such FOC will
indicate that Qwest has identified a Loop assignment. Such FOC will
provide CLEC with a firm Due Date commitment or indication that
appropriate facilities are not available to fill CLEC's order.
2.4.If CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, Qwest will return
the FOC with the standard interval (Le., five (5) days).
2.4.If CLEC has not pre-approved Loop
conditioning and Qwest determines that the Loop contains load
coils, Qwest will notify CLEC via a reject notification. CLEC must
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submit a new version of the LSR approving Loop conditioning. In
this scenario , the Application Date will correspond to the date the
new version is received by Qwest.
2.4.Intentionally Left Blank.
2.4.2.4 ntentionally Left Blank.
2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C.
The interval will start when Qwest receives a complete and accurate LSR. The LSR
date is considered the start of the service interval if the order is received prior to 7:00
m. For service requests received after 7:00 p., the service interval will begin on the
next business day.
2.4.4.When CLEC places an order for an Unbundled Loop with Qwest
that is complete and accurate Qwest will reply to CLEC with a Firm Order
Confirmation within the time specified in Section 20. The Firm Order
Confirmation will contain the Due Date that specifies the date on which Qwest
will provision the Loop. Qwest will implement adequate processes and
procedures to assure the accuracy of the commitment date. If Qwest must make
changes to the commitment date, Qwest will promptly issue jeopardy
notification to CLEC that will clearly state the reason for the change
commitment date. Qwest will also submit a new Firm Order Confirmation that will
clearly identify the new Due Date.
2.4.Installation intervals for Unbundled Loops apply when Qwest has facilities
or network capacity available.
2.4.Upon CLEC request, Qwest will convert special access or private line
circuits to Unbundled Loops provided the service originates at CLEC's Collocation in the
Serving Wire Center. The Loop conversion ordering process applies.
2.4.ntentionally Left Blank.
2.4.When ordering Unbundled Loops, CLEC is responsible for obtaining or
providing facilities and equipment that are compatible with the service CLEC seeks to
provide.
2.4.
the Loop.
2.4.When load coils and Bridged Taps do not exist CLEC may
request the standard Due Date interval , which will apply upon submission of a
complete and accurate LSR.
The installation interval for xDSL Loops depends on the need to condition
2.4.When load coils and/or Bridged Taps do exist CLEC will
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) day interval and Qwest determines that conditioning is
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required , then the fifteen (15) business day interval starts when the need for
conditioning is identified and CLEC approves the conditioning charges.
2.4.Out of Hours Coordinated Installations
2.4.10.For purposes of this Section, Qwest's standard installation hours
are 8:00 a.m. to 5:00 p.Monday through Friday. Installations requested
outside of these hours are considered to be Out of Hours Installations.
2.4.10.CLEC may request an Out of Hours Coordinated Installation
outside of Qwest's standard installation hours.
2.4.10.To request Out of Hours Coordinated Installations CLEC will
submit an LSR designating the desired appointment time. CLEC must specify an
Out of Hours Coordinated Installation in the Remarks section of the LSR.
2.4.10.4 The date and time for Out of Hours Coordinated Installations
may need to be negotiated between Qwest and CLEC because of system
downtime , Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch (Switch
contention ).
Maintenance and Repair
CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on the Unbundled Loop and any
associated ancillary services prior to reporting trouble to Qwest. CLEC shall have
access for testing purposes at the NID or Loop Demarcation Point. Qwest will work
cooperatively with CLEC to resolve trouble reports when the trouble condition has been
isolated and found to be within a portion of Qwest's network. Qwest and CLEC will
report trouble isolation test results to the other. For Unbundled Loops, each Party shall
be responsible for the costs of performing trouble isolation on its facilities , subject to
Sections 9.2 and 9.
When CLEC requests that Qwest perform trouble isolation with CLEC , a
Maintenance of Service charge will apply if the trouble is found to be on the End User
Customer s side of the Loop Demarcation Point. If the trouble is on the End User
Customer s side of the Loop Demarcation Point, and CLEC authorizes Qwest to repair
the trouble on CLEC's behalf, Qwest will charge GLEC the appropriate Additional Labor
Charges set forth in Exhibit A in addition to the Maintenance of Service charge.
When CLEC elects not to perform trouble isolation and Qwest performs
tests on the Unbundled Loop at CLEC's request, a Maintenance of Service charge shall
apply if the trouble is not in Qwest's facilities. Maintenance and Repair processes are
set forth in Section 12.3 of this Agreement. Maintenance of Service charges are set
forth in Exhibit A.5.4 Qwest will maintain detailed records of trouble reports of GLEe-ordered
Unbundled Loops, comparing CLEC provided data with internal data , and evaluate such
rep~rts on at a minimum of a quarterly basis to determine the cause of Loop problems.
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Qwest will conduct a quarterly root cause analysis of problems associated with Loops
provided to CLEC by Qwest. Based on this analysis, Qwest will take corrective measure
to fix persistent and recurrent problems, reporting to CLEC on the analysis and the
process changes that are instituted implemented to fix the problems.
Qwest shall allow access to the NID for testing purposes where access at
the Demarcation Point is not adequate to allow testing sufficient to isolate troubles; in the
event that Qwest chooses not to allow such access , it shall waive any trouble isolation
charges that may otherwise be applicable.
Spectrum Management
Qwest will provide 2/4 Wire non-loaded Loops, ADSL-compatible Loops
ISDN-capable Loops , xDSL-I-capable Loops DS1-capable Loops , and DS3-capable
Loops (collectively referred to in this Section 9.6 as "xDSL Loops ) in a non-
discriminatory manner to permit CLEC to provide Advanced Services to its End User
Customers. Such Loops are defined herein and are in compliance with FCC
requirements and guidelines recommended by the Network Reliability and
Interoperability Council (NRIC) to the FCC , such as guidelines set forth in T1-417.
When ordering xDSL Loops, CLEC will provide Qwest with appropriate
information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for
the type of technology CLEC will deploy. CLEC also agrees to notify Qwest of any
change in Advanced Services technology that results in a change in spectrum
management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed
or power at which the newly deployed or changed technology will operate if the
technology fits within a generic PSD mask.
CLEC information provided to Qwest pursuant to Section 9.
shall be deemed Confidential Information and Qwest may not distribute , disclose
or reveal , in any form , this material other than as allowed and described in
subsections of 9.
The Parties may disclose, on a need to know basis only, CLEC
Confidential Information provided pursuant to Section 9., to legal personnel
if a legal issue arises , as well as to network and growth planning personnel
responsible for spectrum management functions. In no case shall the
aforementioned personnel who have access to such Confidential Information be
involved in Qwest's retail marketing, sales or strategic planning.
If CLEC wishes to deploy new technology not yet designated with a PSD
mask, Qwest and CLEC agree to work coqperatively to determine Spectrum
Compatibility. Qwest and CLEC agree, as defined by the FCC, that technology is
presumed acceptable for deployment when it complies with existing industry standards
is approved by a standards body or by the FCC or Commission , of if technology has
been deployed elsewhere without a "significant degradation of service6.4 Qwest recognizes that the analog T1 service traditionally used within its
network is a "known Disturber" as designated by the FCC. Qwest will place such T1 s,
by whomever employed, within binder groups in a manner that minimizes interference.
Where such placement is insufficient to eliminate interference that disrupts other
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services being provided , Qwest shall, whenever it is Technically Feasible , replace its
T1 s with a technology that will eliminate undue interference problems. Qwest also
agrees that any future "known Disturber" defined by the FCC or the Commission will be
managed as required by FCC rules.
If either Qwest or CLEC claims a service is significantly degrading the
performance of other Advanced Services or traditional voice band services, then that
Party must notify the causing Carrier anQ allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification , the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within forty-eight (48) hours, Qwest will provide CLEC with binder group
information including cable, pair, Carrier and PSD class to allow CLEC to notify the
causing Carrier.
If CLEC is unable to isolate trouble to a specific pair within the binder
group, Qwest, upon receipt of a trouble resolution request, will perform a main frame pair
by pair analysis and provide results to CLEC within five (5) business days.
ntentionally Left Blank.
Qwest will not have the authority to unilaterally resolve any dispute over
spectral interference among Carriers. Qwest shall not disconnect Carrier services to
resolve a spectral interference dispute, except when voluntarily undertaken by the
interfering Carrier or Qwest is ordered to do so by the Commission or other authorized
dispute resolution body. CLEC may submit any claims for resolution under Section 5.
of this Agreement.
Where CLEC demonstrates to Qwest that it has deployed Central Office
based DSL services serving a reasonably defined area, it shall be entitled to require
Qwest to take appropriate measures to mitigate the demonstrable adverse effects on
such service that arise from Qwest's use of repeaters or remotely deployed DSL service
in that area. It shall be presumed that the costs of such mitigation will not be chargeable
to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this
presumption , which it may do by demonstrating to the Commission by a preponderance
of the evidence that the incremental costs of mitigation would be sufficient to cause a
substantial effect upon other Customers (including but not limited to CLECs securing
UNEs) if charged to them. Upon such a showing, the Commission may determine how
to apportion responsibility for those costs, including, but not limited to CLECs taking
services under this Agreement.
Subloop Unbundling
Description
An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as
transmission facility between any point that it is Technically Feasible to access at
terminals in Qwest's outside plant (originating outside of the Central Office), including
inside wire owned or controlled by Qwest, and terminates at the End User Customer
premises. An accessible terminal is any point on the Loop where technicians can
access the wire within the cable without removing a splice case to reach the wire within.
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Such points may include , but are not limited to, the pole, pedestal, Network Interface
Device minimum point of entry, single point of Interconnection Remote Terminal
Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not
have access on an unbundled basis to a feeder subloop defined as facilities extending
from the Central Office to a terminal that is not at the End User Customer s premises or
multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only
to the extent it is part of a complete trqnsmission path , not a subloop, between the
Central Office and the End User Customer s premises or MTE. This section does not
address Unbundled Dark Fiber MTE Subloop which is addressed in Section 9.
Building terminals within or physically attached to a privately
owned building in a Multiple Tenant Environment (MTE) are one form of
accessible terminal. Throughout Section 9.3 the Parties obligations around such
MTE Terminals" are segregated because Subloop terms and conditions differ
between MTE environments and non-MTE environments.
For any configuration not specifically addressed in this
Agreement, the conditions of CLEC access shall be as required by the particular
circumstances. These conditions include: (1) the degree of equipment
separation required, (2) the need for separate cross connect devices, (3) the
interval applicable to any Collocation or other provisioning requiring Qwest
performance or cooperation, (4) the security required to maintain the safety and
reliability of the facilities of Qwest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Qwest facilities where they
are also used by CLECs for Subloop element access, and (6) any other
requirements, standards, or practices necessary to assure the safe and reliable
operation of all Carriers' facilities.
Any Party may request, under any procedure provided for by
this Agreement for addressing non-standard services or network conditions, the
development of standard terms and conditions for any configuration(s) for which
it can provide reasonably clear technical and operational characteristics and
parameters. Once developed through such a process, those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.1.4 Prior to the development of such standard terms and conditions
Qwest shall impose in the six (6) areas identified in Section 9.2 above, only
those requirements or intervals that are reasonably necessary, and shall make its
determinations within ten (10) business days and shall apprise CLEC of the
conditions for access. If there is a dispute regarding the conditions for access
Qwest shall attempt to accommodate access pending resolution of the specific
issues in dispute.
MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. Qwest Premises located on real
property that constitutes a campus environment, yet are not within or
physically attached to a non-Qwest owned building, are not considered
MTE Terminals.
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1.4.Detached Terminals: All accessible terminals other
than MTE Terminals.
Standard Subloops available.
Two-Wire/Four Wire Unbundled Distribution Loop
Intentionally Left Blank
Two-Wire/Four Wire Non-loaded Distribution Loop
Intrabuilding Cable Loop
Standard Subloop Access
Accessing Subloops in Detached Terminals: Subloop
unbundling is available after a GLEe-requested Field Connection Point (FCP)
has been installed within or adjacent to the Qwest accessible terminal. The FCP
is a Demarcation Point connected to a terminal block from which Cross
Connections are run to Qwest Subloop elements.
Accessing Subloops in MTE Terminals: Subloop unbundling is
available after CLEC has notified Qwest of its intention to Subloop unbundle in
the MTE, during or after an inventory of CLEC's terminations has been created
and CLEC has constructed a cross connect field at the building terminal.
Field Connection Point
1.4.Field Connection Point (FCP) is a Demarcation Point that allows
CLEC to interconnect with Qwest outside of the Central Office location where it is
Technically Feasible. The FCP interconnects CLEC facilities to a terminal block
within the accessible terminal. The terminal block allows a technician to access
and combine Unbundled Subloop elements. When a FCP is required , it must be
in place before Subloop orders are processed.
1.4.Placement of a FCP within a Qwest Premises for the sole
purpose of creating a cross connect field to support Subloop unbundling
constitutes a "Cross Connect Collocation.
1.4.The terms, conditions, intervals and rates for Cross
Connect Collocation are found within Section 9.
1.4.To the extent that CLEC places equipment in a
Qwest Premises that requires power and or heat dissipation, such
Collocation is governed by the terms of Section 8 and does not constitute
a Cross Connect Collocation.
1.4.A FCP arrangement can be established either within a Qwest
accessible terminal , or, if space within the accessible terminal is legitimately
exhausted and when Technically Feasible, CLEC .may place the FCP in an
adjacent terminal. CLEC will have access to the equipment placed within the
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Collocation for maintenance purposes. However, CLEC will not have access to
the FCP Interconnection point.
MTE Point of Interconnection (MTE-POI)
A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must
create the cross connect field at the building terminal that will allow CLEC to
connect its facilities to Qwest's Subloops. The Demarcation Point between
CLEC and Qwest's facilities is the MTE-POL
Once a state has determined that it is Technically Feasible to unbundle
Subloops at a designated accessible terminal, Qwest shall either agree to unbundle at
such access point or shall have the burden to demonstrate, pursuant to the Dispute
Resolution provisions of this Agreement, that it is not Technically Feasible , or that
sufficient space is not available to unbundle Subloop elements at such accessible
terminal.
Qwest shall provide access to additional Subloop elements, e.g. copper
feeder, to CLEC where facilities are available pursuant to the Special Request Process
in Exhibit F.
Standard Subloops Available
Distribution Loops
1 Two-Wire/Four-Wire Unbundled Distribution Loop: a Qwest-
provided facility from the Qwest accessible terminal to the Demarcation Point or
Network Interface Device (NID) at the End User Customer location. The Two-
Wire/Four-Wire Unbundled Distribution Loop is suitable for local exchange-type
services. CLEC can obtain access to this Unbundled Network Element at any
Technically Feasible accessible terminal.
2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Qwest-
provided facility without load coils and excess Bridged Taps from the Qwest
accessible terminal to the Demarcation Point or Network Interface Device (NID)
at the End User Customer location. When CLEC requests a Non-Loaded
Unbundled Distribution Loop and there are none available , Qwest will contact
CLEC to determine if CLEC wishes to have Qwest unload a Loop. If the
response is affirmative Qwest will dispatch a technician to "condition" the
Distribution Loop by removing load coils and excess Bridged Taps (Le.
, "
unload"the Loop). CLEC may be charged the cable unloading and Bridged Taps
removal nonrecurring charge in addition to the Unbundled Loop installation
nonrecurring charge. If a Qwest technician is dispatched and no load coils or
Bridged Taps are removed, the nonrecurring conditioning charge will not apply.
CLEC can obtain access to this Unbundled Network Element at any Technically
Feasible accessible terminal.
Intrabuilding Cable Loop: a Qwest-provided facility from the
building terminal inside a MTE to the Demarcation Point at the End User
Customer premises inside the same building. This Subloop element only applies
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when Qwest owns the intrabuilding cable.1.4 To the extent CLEC accesses a Subloop in a campus
environment from an accessible terminal that serves multiple buildings, CLEC
can access the Subloop by ordering a Distribution Loop pursuant to either
Section 9.1 or 9.2. A campus environment is one piece of property,
owned by one (1) Person or entity, on which there are multiple buildings.
Intentionally Left Blank.
ntentionally Left Blank.
MTE Terminal Subloop Access: Terms and Conditions
Access to Distribution Loops or Intrabuilding Cable Loops at an MTE
Terminal within a non-Qwest owned MTE is done through an MTE-POI. Collocation is
not required to access Subloops used to access the network infrastructure within an
MTE, unless CLEC requires the placement of equipment in a Qwest Premises. Cross
Connect Collocation, as defined in Section 9., refers to creation of a cross connect field
and does not constitute Collocation as defined in Section 8. The terms and conditions of
Section 8 do not apply to Cross Connect Collocation if required at or near an MTE.
To obtain such access, CLEC shall complete the "MTE-Access Ordering
Process" set forth in Section 9.5.4.
The optimum point and method to access Subloop elements will
determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity, reliability, and
security. CLEC may access the MTE Terminal as a test access point.3.4 CLEC will work with the MTE building owner to determine where to
terminate its facilities within the MTE. CLEC will be responsible for all work associated
with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek
to work with the building owner to create space for such terminations without requiring
Qwest to rearrange its facilities.
If there is space in the building for CLEC to enter the building and
terminate its facilities without Qwest having to rearrange its facilities, CLEC must seek to
use such space. In such circumstances, an inventory of CLEC's terminations within the
MTE shall be input into Qwest's systems to support Subloop orders before Subloop
orders are provisioned or in conjunction with the first Subloop order in the MTE. If CLEC
requires immediate access to the Subloop, then CLEC may access the Subloop element
prior to the completion of the inventory per Section 9.5.4.7. Qwest shall have five (5)
calendar Days from receipt of a written request from CLEC, in addition to the interval set
forth in Section 9.5.4., to input the inventory of CLEC's terminations into its systems.
Qwest may seek an extended interval if the work cannot reasonably be completed within
the stated interval. In such cases, Qwest shall provide written notification to CLECof the
extended interval Qwest believes is necessary to complete the work. CLEC may dispute
the need for, and the duration of, an extended interval, in which case Qwest must
request a waiver from the Commission to obtain the extended interval. If CLEC submits
a Subloop order before Qwest inputs the inventory into its systems, Qwest shall process
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the order in accordance with Section 9.5.4.
If CLEC connects Qwest's Subloop element to CLEC's facilities using any
temporary wiring or cut-over devices CLEC shall remove any remaining temporary
wiring or cut-over devices and install permanent wiring within ninety (90) calendar Days.
All wiring arrangements, temporary and permanent, must adhere to the National Electric
Code.
If there is no space for CLEC to place its building terminal or
accessible terminal from which CLEC can access such Subloop elements, and Qwest
and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI)
to serve the MTE Qwest will either rearrange facilities to make room for CLEC or
construct a single point of access that is fully accessible to and suitable for CLEC.
Qwest'obligation to construct a SPOI is limited to those MTEs where Qwest has
distribution facilities to that MTE and owns, controls, or leases the inside wire at the
MTE. In addition , Qwest shall have an obligation only when CLEC indicates that it
intends to place an order for access to an unbundled Subloop Network Element via a
SPOt. In such instances, CLEC shall pay Qwest a nonrecurring charge, which shall be
1GB , based on the scope of the work required. If CLEC requests that a new SPOI be
established , then CLEC shall pay Qwest a nonrecurring charge that shall be 1GB, based
on the scope of the work required. If the MTE Terminal is hard wired in such a manner
that a network Demarcation Point cannot be created, Qwest will rearrange the terminal
to create a cross connect field and Demarcation Point. Charges for such rearrangement
shall be recovered through recurring termination charges.
If Qwest must rearrange its MTE Terminal to make space for
CLEC , Qwest shall have forty-five (45) calendar Days from receipt of a written
request from CLEC to complete the rearrangement. Qwest may seek
extended interval if the work cannot reasonably be completed within forty-fie
(45) calendar Days. In such cases, Qwest shall provide written notification to
CLEC of the extended interval Qwest believes is necessary to complete the
work. CLEC may dispute the need for, and the duration of, an extended interval
in which case Qwest must request a waiver from the Commission to obtain an
extended interval.
If Qwest must construct a new detached terminal that is fully
accessible to and suitable for CLEC, the interval for completion shall be
negotiated between the Parties on an Individual Case Basis.
CLEC may cancel a request to construct an FCP or SPOI prior
to Qwest completing the work by submitting a written notification via certified mail
to its Qwest account manager. CLEC shall be responsible for payment of all
costs previously incurred by Qwest as well as any costs necessary to restore the
property to its original condition.
At no time shall either Party rearrange the other Party s facilities within the
MTE or otherwise tamper with or damage the other Party s facilities within the MTE.
This does not preclude normal rearrangement of wiring or jumpers necessary to connect
inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE
Access Protocol. If such damage accidentally occurs, the Party responsible for the
damage shall immediately notify the other and shall be financially responsible for
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restoring the facilities and/or service to its original condition. Any intentional damage
may be reported to the proper authorities and may be prosecuted to the full extent of the
law.
Detached Terminal Subloop Access: Terms and Conditions
3.4.1 .Except as to access at an MTE Terminal , access to unbundled Subloop
elements at an accessible terminal must be made through a Field Connection Point
(FCP) in conjunction with either a Cross Connect Collocation or, if power and/or heat
dissipation is required, a Remote Collocation.
3.4.To the extent that the accessible terminal does not have adequate
capacity to house the network interface associated with the FCP , CLEC may opt to use
Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall
comport with NEBS Level 1 safety standards.
3.4.Field Connection Point
3.4.Qwest is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, Qwest shall allow CLEC
to construct its own structure adjacent to Qwest's accessible terminal. CLEC
shall obtain any necessary authorizations or rights of way required (which may
include obtaining access to Qwest rights of way, pursuant to Section 10.8 of this
Agreement) and shall coordinate its facility placement with Qwest, when placing
its facilities adjacent to Qwest facilities. Obstacles that CLEC may encounter
from cities, counties, electric power companies, property owners and similar third
parties , when it seeks to interconnect its equipment at Subloop access points
will be the responsibility of CLEC to resolve with the municipality, utility, property
owner or other third party.
3.4.The optimum point and method to access Subloop elements will
be determined during the Field Connection Point process. The Parties recognize
a mutual obligation to interconnect in a manner that maintains network integrity,
reliability, and security.
3.4.CLEC must identify the size and type of cable that will be
terminated in the Qwest FCP location. Qwest will terminate the cable in the
Qwest accessible terminal if termination capacity is available. If termination
capacity is not available , Qwest will expand the FDI at the request of CLEC if
Technically Feasible, all reconfiguration costs to be borne by CLEC. In this
situation only, Qwest shall seek to obtain any necessary authorizations or rights
of way required to expand the terminal. It will be the responsibility of Qwest to
seek to resolve obstacles that Qwest may encounter from cities, counties,
electric power companies, property owners and similar third parties. The time it
takes for Qwest to obtain such authorizations or rights of way shall be excluded
from the time Qwest is expected to provision the Collocation. CLEC will be
responsible for placing the cable from the Qwest FCP to its equipment. Qwest
will perform all of the initial splicing at the FCP.
3.4.3.4 CLEC may cancel a Collocation associated with a FCP request
prior to Qwest completing the work by submitting a written notification via
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certified mail to its Qwest account manager. CLEC shall be responsible for
payment of all costs previously incurred by Qwest.
3.4.If the Parties are unable to reach an agreement on the design of
the FCP through the Field Connection Point Process , the Parties may utilize the
Dispute Resolution process pursuant to the Dispute Resolution Section of this
Agreement. Alternatively, CLEC may seek arbitration Under Section 252 of the
Act with the Commission, wherein Qwest shall have the burden to demonstrate
that there is insufficient space in the accessible terminal to accommodate the
FCP, or that the requested Interconnection is not Technically Feasible.
3.4.4 At no time shall either Party rearrange the other Party s facilities within the
accessible terminal or otherwise tamper with or damage the other Party s facilities. Ifsuch damage accidentally occurs, the Party responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilities
and/or service to its original condition. Any intentional damage may be reported to the
proper authorities and may be prosecuted ,to the full extent of the law.
Ordering/Provisioning
All Subloop Types
CLEC may order SLibloop elements through the Operational
Support Systems described in Section 12.
CLEC shall identify Subloop elements by NC/NCI codes. This
information shall be kept confidential and used solely for spectrum management
purposes.
Additional Terms for Detached Terminal Subloop Access
CLEC may only submit orders for Subloop elements after the
FCP is in place. The FCP shall.be ordered pursuant to Section 9.5. CLEC
will populate the LSR with the termination information provided at the completion
of the FCP process.
Qwest shall dispatch a technician to run a jumper between its
Subloop elements and CLEC's Subloop elements. CLEC shall not at any time
disconnect Qwest facilities or attempt to run a jumper between its Subloop
elements and Qwest's Subloop elements without specific written authorization
from Qwest.
Once the FCP is in place , the Subloop Provisioning intervals
contained in Exhibit C shall apply.
Intentionally Left Blank.
Additional Terms for MTE Terminal Subloop Access - MTE-Access
Ordering Process
5.4.CLEC shall notify its account manager at Qwest in writing,
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including via email, of its intention to provide access to End User Customers that
reside within a MTE. Upon receipt of such request, Qwest shall have up to ten
(10) calendar Days to notify CLEC and the MTE owner whether Qwest believes it
or the MTE owner owns the intrabuilding cable. In the event that there has been
previous determination of on-premises wiring ownership at the same MTE
Qwest shall provide such notification within two (2) business days. In the event
that CLEC provides Qwest with a written claim by an authorized representative of
the MTE owner that such owner owns the facilities on the End User Customer side
of the terminal, the preceding ten (10) Day period shall be reduced to five (5)
calendar Days from Qwest's receipt of such claim.
5.4.If the MTE owner owns the facilities on the Customer side of the
terminal , CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
5.4.If Qwest owns the facilities on the Customer side of the terminal
and if CLEC requests space to enter the building and terminate its facilities and
Qwest must rearrange facilities or construct new facilities to accommodate such
access , CLEC shall notify Qwest. Upon receipt of such notification, the intervals
set forth in Section 9.3 shall begin.
5.4.4 CLEC may only submit orders for Subloop elements after the
facilities are rearranged and/or a new facility constructed, if either are necessary.
CLEC will populate the LSR with the termination information provided by CLEC
at the completion of the inventory process except when submitting LSRs during
the creation of the inventory.
5.4.If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a
technician to run a jumper between its Subloop elements and Qwest's Subloop
elements to make a connection at the MTE-POI in accordance with the MTE
Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable
Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop
elements and Qwest's Subloop elements to make a connection at the MTE-POL
CLEC, at its option, may request that Qwest run the jumper for intrabuilding cable
in MTEs when the inventory is done and a complete LSR has been submitted.
5.4.When CLEC accesses a MTE Terminal it shall
employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross connect .wires it
uses. CLEC wiring will be neatly dressed. When CLEC accesses
Subloops in MTE Terminals , it shall adhere to Qwest's Standard MTE
Access Protocol unless the Parti~s have negotiated a separate document
for such Subloop access. If CLEC requests a MTE Access Protocol that
is different from Qwest's Standard MTE Access Protocol, Qwest shall
negotiate with CLEC promptly and in good faith toward that end.
5.4.Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facility constructed and when. Qwest runs the jumper
the Subloop Provisioning intervals contained in Exhibit C shall apply.
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5.4.For access to Qwest's on-premises MTE wire as a Subloop
element, CLEC shall be required to submit an LSR, but need not include thereon
the circuit-identifying information or await completion of LSR processing by
Qwest before securing such access. Qwest shall secure the circuit-identifying
information, and will be responsible for entering it on the LSR when it is received.
Qwest shall be entitled to charge for the Subloop element as of the time of LSR
submission by CLEC.
FCP Ordering Process
CLEC shall submit a Field, Connection Point Request Form to
Qwest along with its Collocation Application. The FCP Request Form shall be
completed in its entirety.
After construction of the FCP and Collocation are complete,
CLEC will be notified of its termination location, which will be used for ordering
Subloops.
The following constitute the intervals for provisioning
Collocation associated with a FCP, which intervals shall begin upon
completion of the FCP Request Form and its associated Collocation
Application in their entirety:
Any Remote Collocation associated with a
FCP in which CLEC will install equipment requiring power and/or
heat dissipation shall be in accordance with the intervals set forth
in Section 8.4.
A Cross Connect Collocation in a detached
terminal shall be provisioned within ninety (90) calendar Days
from receipt of a written request by CLEC.
If Qwest denies a request for Cross
Connect Collocation in a Qwest Premises due to space limitations
Qwest shall allow CLEC representatives to inspect the entire
Premises escorted by Qwest personnel within ten (10) calendar
Days of CLECs receipt of the denial of space, or a mutually
agreed upon date. Qwest will review the detailed space plans (to
the extent space plans exist) for the Premises with CLEC during
the inspection , including Qwest reserved or optioned space. Such
tour shall be without charge to CLEC. If, after the inspection of
the Premises, Qwest and CLEC disagree about whether space
limitations at the Premises make Collocation impractical , Qwest
and CLEC may present their arguments to the Commission.
addition , if after the fact it is determined that Qwest has incorrectly
identified the space limitations, Qwest will honor the original Cross
Connect Collocation Application date for determining RFS unless
both Parties agree to a revised date.1.4 Payment for the remaining nonrecurring
charges shall be upon the RFS date. Upon completion of the
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construction activities and payment of the remaining nonrecurring
charge, Qwest will schedule with CLEC an inspection of the FCP
with CLEC if requested. Upon completion of the Acceptance
inspection, CLEC will be provided the assignments and necessary
ordering information. With prior arrangements, CLEC can request
testing of the FCP at the time of the Acceptance inspection. If
Qwest , despite its best efforts, including notification through the
contact number on the Cross Connect Collocation Application , is
unable to schedule the Acceptance inspection with CLEC within
twenty-one (21) calendar Days of the RFS, Qwest shall activate
the applicable charges.
Qwest may seek extended intervals if the
work cannot reasonably be completed within the set interval. In
such cases, Qwest shall provide written notification to CLEC of the
extended interval Qwest believes is necessary to complete the
work. CLEC may dispute the need for and the duration of, an
extended interval , in which case Qwest must request a waiver
from the Commission to obtain an extended interval.
Rate Elements
All Subloop Types
Subloop Recurring Charge - CLEC will be charged a monthly
recurring charge pursuant to Exhibit A for each Subloop ordered by CLEC.
Subloop Trouble Isolation Charge - CLEC will be charged
Trouble Isolation Charge pursuant to the Access to OSS - Maintenance and
Repair Section when trouble is reported but not found on the Qwest facility.
ntentionally Left Blank.
Additional rates for Detached Terminal Subloop Access:
Cross Connect Collocation Charge: CLEC shall pay the full
nonrecurring charge for creation of the Cross Connect Collocation set forth in
Exhibit A upon submission of the Collocation Application. The FCP Request
Form shall not be considered completed in its entirety until complete payment is
submitted to Qwest.
Any Remote Collocation associated with a FCP in which CLEC
will install equipment requiring power and/or heat dissipation shall be
accordance with the rate elements set forth in Section 8.
Subloop Nonrecurring Jumper Charge: CLEC will be charged a
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
6.4 Additional Rates for MTE Terminal Subloop Access
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6.4.Subloop Nonrecurring Charge - CLEC will be charged a
nonrecurring charge for the time and materials required for Qwest to complete
the inventory of CLEC's facilities within the MTE such that Subloop orders can be
submitted and processed.
6.4.Subloop Nonrecurring Jumper Charge If CLEC ordered a
Subloop type other than Intrabuilding Cable Loop, CLEC will be charged
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
Repair and Maintenance
Detached Terminal Subloop Access: Qwest will maintain all of its
facilities and equipment in the accessible terminal and CLEC will maintain all of its
facilities and equipment in the accessible terminal.
MTE Terminal Subloop Access: Qwest will maintain all of its facilities and
equipment in the MTE and CLEC will maintain all of its facilities and equipment in the
MTE.
Intentionally Left Blank
Network Interface Device (NID)
Description
The Qwest NID is defined as any means of Interconnection of on-premises wiring and Qwest'
distribution plant
,.
such as a cross connect device used for that purpose. Specifically, the NID is
a single line termination device or that portion of a multiple line termination device required to
terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a
Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to
access only a NID (Le., CLEC does not wish to access a Subloop connected to that NID), it may
only do so pursuant to this Section 9.5. Qwest shall permit CLEC to connect its own Loop
facilities to on-premises wiring through Qwest's NID, or at any other Technically Feasible point.
The NID carries with it all features, functions and capabilities of the facilities used to connect the
Loop distribution plant to the End User Customer s premises wiring, including access to the
Cross Connection field, regardless of the particular design of the NID mechanism. Although the
N I D provides the connection to the End User Customer s premises wiring, it may not represent
the Demarcation Point where Qwest ownership or control of the intra-premises wiring ends.
The NID contains a protective ground connection that protects the End User Customer s on-
premises wiring against lightning and other high voltage surges and is capable of terminating
media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis, the
existing drop and Qwest's NID , as well as any on premises wiring that Qwest owns or controls
will remain in place and continue to carry the signal over the End User Customer s on-premises
wiring to the End User Customer s equipment. Notwithstanding the foregoing, an Unbundled
Loop and any Subloop terminating at a NID shall include the existing drop and the functionality
of the NID as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties:
Simple NID - The modular NID is divided into two (2) components, one
containing the over-voltage unit (protector) and the other containing the End User
Customer s on-premises inside wiring termination , and a modular plug which connects
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the inside wire to the distribution plant or dial tone source. The non-modular NID is a
protector block with the inside wire terminated directly on the distribution facilities.
Smart NID - To the extent Qwest has deployed "smart" devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facility from the premises wiring for testing purposes, and such devices have spare
functioning capacity not currently used by Qwest or any other provider, Qwest shall
provide unbundled access to such devices. Qwest shall also continue to allow CLEC, at
its option , to use all features and functionality of the Qwest NID including any protection
mechanisms, test capabilities , or any other capabilities now existing or as they may exist
in the future regardless of whether or not CLEC terminates its own distribution facility
the NID.
3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional
components: one containing the over-voltage unit (protector) and the other containing
the terminations of the on-premises inside wiring. Such devices contain the protectors
for, and may be located externally or internally to the premises served.
Terms and Conditions
CLEC may use the existing Qwest NID to terminate its drop if space
permits otherwise a new NID or other Technically Feasible Interconnection point is
required. If CLEC installs its own NID, CLEC may connect its NID to the Qwest NID by
placing a cross connect between the two. When Provisioning a NID-to-NID connection
CLEC will isolate the Qwest facility in the NID by unplugging the modular unit. If CLEC
requires that a non-modular unit be replaced with a modular NID, Qwest will perform the
replacement for the charge described in Section 9.1. If CLEC is a facilities-based
provider up to and including its NID, the Qwest facility currently in place, including the
NID, will remain in place.
. Qwest shall allow CLEC to connect its Loops directly to the NID
field containing the terminations of the on-premises inside wiring not owned or
controlled by Qwest, without restriction. Where Qwest does not own or control
the on-premises inside wiring, CLEC and the landowner shall determine
procedures for such access.
Qwest shall allow CLEC to use all features and functionality of
the Qwest NID including any protection mechanisms, test capabilities, or any
other capabilities now existing or as they may exist in the future.
Pursuant to generally acceptable work practices, and provided
the inside wire re-termination is required to meet service requirements of either
Parties' End User Customer , either Party may remove the inside wire from the
NID and connect that wire to that Party s own NID. Future installation of Qwest
NIDs will be such that it will not unnecessarily impede access to the End User
Customer s wiring.1.4 CLEC may enter the subscriber access chamber or End User
Customer side of a dual chamber NID enclosure for the purpose of NID-to-NID
connections.
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Upon CLEC request , Qwest will make other rearrangements to
the inside wire terminations or terminal enclosure. Charges will be assessed per
Section 9.3.4. No such charge shall be applicable if Qwest initiates the
rearrangement of such terminations. In all such instances, rearrangements shall
be performed in a non-discriminatory fashion and timeframe and without an End
User Customer s perceivable disruption in service. Qwest will not make any
rearrangements of wiring that is provided by. another Carrier that relocates the
other Carrier s test access point without notifying the affected Carrier promptly
after such rearrangement if CLEC has properly labeled its cross connect wires.
Qwest will retain sole ownership of the Qwest NID and its contents on
Qwest's side. Qwest is not required to proactively conduct NID change-outs, on a wide
scale basis. At CLEC's request, Qwest will change the NID on an individual request
basis by CLEC and charges will be assessed per Section 9.5 except where Section
1 applies. Qwest is not required to inventory NID locations on behalf ofCLEC.
When CLEC accesses a Qwest NID , it shall employ generally accepted
best engineering practices and comply with industry standards should such standards
exist when it physically connects its NID (or equivalent) to the Qwest NID and makes
Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label
the cross connect wires it uses to provide service. Qwest shall label its terminals when a
technician is dispatched.2.4 All services fed through a protector field in a Qwest NID located inside a
building will interface on an industry standard termination block and then extend, via a
Cross Connection to the End User Customer s in-premises wiring. All services fed
through a protector field in a Qwest NID that is attached to a building will interface on
industry standard lugs or a binding post type of termination and then extend , via a Cross
Connection , to the End User Customer s on-premises wiring.
If so requested by CLEC, Qwest shall allow CLEC to connect its Loops
directly to the protector field at Qwest NIDs that have unused protectors and are not
used by Qwest or any other Telecommunications Carrier to provide service to the
premises. If CLEC accesses the Qwest protector field , it shall do so on the distribution
side of the protector field only where spare protector capacity exists. In such cases
CLEC shall only access a Qwest NID protector field in cable increments appropriate to
the NID. If twenty-five (25) or more metallic cable pairs are simultaneously terminated at
the MTE NID , additions must be in increments of twenty-five (25) additional metallicpairs. In all cases, Telecommunications cables entering a Qwest NID must be
terminated in compliance with FCC 88-, section 315 of the National Electric Safety
Code and section 800.30 of the National Electric Code.
Rate Elements
If CLEC requests the current simple NID to be replaced with a different
simple NID, pursuant to Section 9., charges will be assessed on a time and
materials basis with CLEC paying only for the portion of the change out that is specific to
and for the functionality that supports CLEC requirements.
Recurring rates for unbundled access to the protector field in a Qwest
NID are contained in Exhibit A of this Agreement and apply pursuant to Section 9.
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As of the Effective Date of this Agreement, Qwest has not implemented charges for this
recurring rate element, but reserves the right to assess such a charge in the future.
When CLEC requests that Qwest perform the work to connect its NID to
the Qwest NID , the costs associated with Qwest performing such work will be charged to
CLEC on a time and materials basis.3.4 Where Qwest makes Section 9.5 rearrangements to the inside wire
terminations or terminal enclosure on CLEC's request, pursuant to Section 9.
charges will be assessed on a time and materials basis.
. CLEC will be billed on a time and materials basis for any change out
Qwest performs pursuant to Section 9.2. CLEC will be billed only for the portion of
the change out that is specific to CLEC's request for additional capacity.
Ordering Process
5.4.Intentionally Left Blank.
5.4.CLEC may access a MTE NID after determining that the terminal in
question is a NID, per the process identified in Section 9.3. If the terminal is a NID and
CLEC wishes to access the End User Customer field of the NID , no additional
verification is needed by Qwest. CLEC shall tag its jumper wire.
5.4.When CLEC seeks to connect to a cross connect field other than
to the End User Customer field of the NID CLEC shall submit a LSR for
connection to the NID. Qwest shall notify CLEC, within ten (10) business days, if
the connection is not Technically Feasible. In such cases, Qwest shall inform
CLEC of the basis for its claim of technical infeasibility and, at the same time,
identify all alternative points of connection that Qwest would support. CLEC shall
have the option of employing the alternative terminal or disputing the claim of
technical infeasibility pursuant to the Dispute Resolution provisions of this
Agreement. No additional verification is needed by Qwest and CLEC shall tag its
jumper wire.
5.4.Subject to the terms of Section 9.5.4., CLEC may perform a NID-to-NID
connection , according to Section 9., and access the End User Customer field of the
NID without notice to Qwest. CLEC may access the protector field of the NID by
submitting a LSR.
Maintenance and Repair
If Qwest is dispatched to an End User Customer location on a
maintenance issue and finds the NID to be defective , Qwest will replace the defective
element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and
lines have been removed from the protector field or damaged by CLEC, CLEC will be
responsible for all costs associated with returning the facilities and lines back to their
original state. Charges for this work will be on a time and materials basis and billed
directly to CLEC. Billing disputes will be resolved in accordance with the Dispute
Resolution process contained in this Agreement. Maintenance and Repair processes
are contained in the Access to OSS Section of this Agreement.
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Unbundled Dedicated Interoffice Transport (UDIT) .
Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions.
Description
Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a
Network Element of a single transmission path between Qwest Wire Centers in the
same LATA and state. A UDIT can provide a path between one (1) CLEC's Collocation
in one (1) Qwest Wire Center and a different CLEC's Collocation in another Qwest WireCenter. UDIT is a distance-sensitive flat-rated bandwidth-specific interoffice
transmission path designed to a DSX in each Qwest Wire Center. UDIT is available in
DSO through DS3 bandwidths. CLEC can assign channels and transport its choice of
voice or data. Specifications, interfaces and parameters are described in Qwest
Technical Publication 77389.
Intentionally Left Blank.
ntentionally Left Blank.
Terms and Conditions
Intentionally Left Blank.
Qwest shall unbundle DS1 transport between any pair of Qwest
Wire Centers except where , through application of "Tier" classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route. are
Tier 1 Wire Centers. As such, Qwest must unbundle DS1 transport if a Wire
Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither
is a Tier 1 Wire Center.
CLEC may obtain a maximum of ten (10) unbundled DS1
dedicated transport circuits on each Route where DS dedicated
transport is available on an unbundled basis.
Qwest shall unbundle DS3 transport between any pair of Qwest
Wire Centers except where, through application of "Tier classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route are
either Tier 1 or Tier 2 Wire Centers. As such Qwest must unbundle DS3
transport if a Wire Center on either end of a requested Route is a Tier 3 Wire
Center.
CLEC may obtain a maximum of twelve (12) unbundled
DS3 dedicated transport circuits on each Route where DS3 dedicated
transport is available on an unbundled basis.
Qwest shall make available to CLEC a list of those Wire Centers
that satisfy the above criteria and update that list as additional Wire Centers meet
these criteria.
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0.4 Qwest shall provide CLEC with unbundled access to dedicated
transport except where it does not connect a pair of Qwest Wire Centers.
All services provided in this Section 9.are subject to the
Ratcheting criteria as provided in Section 9.9 of this Agreement.
All services provided in this Section 9., when combined with high
capacity Loops, are subject to the Service Eligibility Criteria as provided in
Section 9.10 of this Agreement.
To the extent that CLEC is ordering access to a UNE Combination , and
Cross Connections are necessary to combine UNEs, Qwest will perform requested and
necessary Cross Connections between UNEs in the same manner that it would perform
such Cross Connections for its End User Customers or for itself. If not ordered as a
combination , CLEC is responsible for performing Cross Connections at its Collocation or
other mutually determined Demarcation Point between UNEs and ancillary or Finished
Services, and for transmission design work including regeneration requirements for such
connections. Such Cross Connections will not be required of CLEC when CLEC orders
a continuous UDIT element from one point to another.
Intentionally Left Blank.
With the exception of combinations provided through the UNE
Combinations Section 9., CLEC may utilize any form of Collocation at both ends of the
UDIT. Qwest's design will ensure the cable between the Qwest-provided. active elements
and the DSX will meet the proper signal level requirements. Channel regeneration will not
be charged for separately for Interconnection between a Collocation space and Qwest'
network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital
Hierarchy - Electrical Interface; Annex B.
2.4 Intentionally Left Blank.
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Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Rate Elements
DS1 UDIT rates are contained in Exhibit A of this Agreement and
include the following elements:a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.
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Unbundled Network Elementsb) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate
element. provides a transmission path of 1.544 Mbps between Qwest Wire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating Qwest Wire Centers.
Intentionally Left Blank.d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS1 service.
Intentionally Left Blank.
DS3 UDIT rates are contained in Exhibit A of this Agreement and
include the following elements:a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 44.736 Mbps termination. In addition to the fixed rate
element, a per-mile rate element, as described below, also applies.b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides an interoffice transmission path of 44.736 Mbps between
Qwest Wire Centers. This is a mileage sensitive element based on the V&H
coordinates of the DS3 UDIT. The mileage is calculated between the originating
and terminating Qwest Wire Centers.
Intentionally Left Blank.d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
ntentionally Left Blank.
DSO UDIT rates are contained in Exhibit A of this Agreement and include
the following elements:a) DSO Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 64 Kbps termination. In addition to the fixed rate element, a
per-mile rate element, as described below, also applies.b) DSO Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 64 Kbps between Qwest Wire Centers.
This is a mileage sensitive element based on the V&H coordinates of the DSO
UDIT. The mileage is calculated between the originating and terminating Qwest
Wire Centers.c) DSO Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DSO service.
3.4 ntentionally Left Blank.
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Intentionally Left Blank.
Intentionally Left Blank.
Low Side Channelization (LSC) Charge. A recurring charge for low side
multiplexed channel cards and settings at each end of the DSO UDIT.
Intentionally Left Blank.
Intentionally Left Blank.
Rearrangement rates are contained in Exhibit A of this Agreement.10 A nonrecurring charge is applied to the conversion of an existing private
line/special access circuit to UDIT.
Ordering Process
6.4.Ordering processes and installation intervals are as follows:
6.4.UDIT is ordered via the Access Service Request (ASR) process.
Ordering processes are contained in the Access to OSS Section of this
Agreement.
6.4.ntentionally Left Blank.
6.4.The interval will start when Qwest receives a complete and
accurate ASR. This date is considered the start of the installation interval if the
order is received prior to 3:00 p.m. The installation interval will begin on the next
business day for service requests received after 3:00 p.m. The installation
intervals have been established and are set forth in Exhibit C Section 2.0 of this
Agreement.
6.4.1.4 Subsequent changes to the quantity of services on an existing
order will require a revised order. Also, additional charges apply for the following
modifications to existing orders unless the need for such change is caused by
Qwest:
Service Date changes;
Partial cancellation;
Design change; and
Expedited order.
6.4.An order may be canceled any time up to and including the
Service Date. Cancellation charges will apply except when:a) The original Due Date or GLEe-initiated subsequent Due Date
was, or CLEC has been notified by Qwest that such Due Date will be
delayed ten (10) business days or longer; or
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b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit C and CLEC cancels
its order no later than ten (10) days before such original Due Date.
6.4.Definitions of the most common critical dates that occur during
the ordering and installation process are included in the Definitions Section of
this Agreement.
6.4.UDIT is ordered with basic installation. Qwest will install the UDIT
extending connections to CLEC Demarcation Point and will notify CLEC when the work
activity is complete.
6.4.Intentionally Left Blank.
6.4.4 ntentionally Left Blank.
6.4.Qwest will perform industry standard tests , set forth in Technical
Publication 77389 , when installing UDIT service.
6.4.To convert an existing private line/special access circuit to UDIT, CLEC
must submit two (2) ASRs to change the circuit identification , Network Channel Interface
Code (NCI) and billing.
6.4.CLEC will submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.g. Connecting Facility Assignment (CFA)
or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes.
Maintenance and Repair
The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS Section of this Agreement.
Rearrangement
CLEC can submit requests through the ASR process to move or
rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options.
These rearrangements are available through a single Wire Center or dual Wire Center
request. Single Wire Center rearrangements are limited to the change in options or
movement of terminations within a single Wire Center. Dual Wire Center
rearrangements are used to change options or movement of terminations in two (2) Wire
Centers. Rearrangement is only available for in-place and working UDITs.
The rearrangement of terminations or option changes are completed as
an "uncoordinated change" (basic request) and will be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
CLEC will submit an ASR with the rearrange USOC and appropriate
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termination information (e., CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
Unbundled Dark Fiber
Dedicated dark fiber shall be made available to CLEC on an unbundled basis as set forth below.
Dark fiber transport consists of unactivated optical interoffice transmission facilities.
Description
Unbundled Dark Fiber (UDF) is a deployed, unlit strand or strands of fiber that connects two (2)
Wire Centers within Qwest's network within the same LATA or state. UDF exists in two (2)
distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route
between two (2) Qwest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE
premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall include
all local exchange Dark Fiber Qwest owns directly or to which it has a right to access under
agreements with any other party affiliated or not, that do not prohibit Qwest's ability to provide
access to another Person or entity. Deployed Dark Fiber facilities shall not be limited to facilities
owned by Qwest, but will include in place and easily called into service facilities to which Qwest
has otherwise obtained a right of access, including but not limited to capitalized Indefeasible Right
to Use (lRUs) or capitalized leases. Qwest shall not be required to extend access in a manner
that is inconsistent with the restrictions and other terms and conditions that apply to Qwest'
access; however, in the case of access obtained from an Affiliate: (a) the actual practice and
custom as between Qwest and the Affiliate shall apply, in the event that it provides broader
access than does any documented agreement that may exist, and (b) any terms restricting access
by CLEC that are imposed by the agreement with the Affiliate (excluding good-faith restrictions
imposed by any agreement with a third party from whom the Affiliate has gained rights of access)shall not be applied to restrict CLEC access.
Terms and Conditions
Qwest shall unbundle dark fiber transport between any pair of Qwest Wire
Centers except where, through application of "Tier" classifications described in Section 4
of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire
Centers. As such , Qwest must unbundle dark fiber transport if a Wire Center on either
end of a requested Route is a Tier 3 Wire Center.
Qwest shall make a list available to CLEC of those Wire Centers
that satisfy the above criteria and update that list as additional Wire Centers meet
these criteria.
Qwest will provide CLEC with non-discriminatory access to UDF in
accordance with Section 9.1. Qwest will provide UDF of substantially the same quality
as the fiber facilities that Qwest uses to provide retail service to its own End User
Customers.
Qwest provides access to unbundled Dark Fiber at:
Accessible terminations such as fiber distribution panels.
A point of technically feasible access is any point in Qwest's
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outside plant at or near an MTE premises where a technician can access the
wire or fiber within the cable without removing a splice case to reach the wire or
fiber within to access the wiring in the MTE premises. Such points include, but
are not limited to, a pole or pedestal, the network interface device, the minimum
point of entry, the single point of interconnection , and the feeder/distribution
interface.
Intentionally Left Blank.
Qwest will provide CLEC with access to deployed Dark Fiber facilities.
CLEC shall be responsible for obtaining and connecting electronic equipment, whether
light generating or light terminating equipment , to the Dark Fiber at both ends, provided
that if CLEC requests Qwest to obtain and connect the electronic equipment, Qwest will
follow the requirements of Section 9.19 in deciding whether or not to build the facilities
for CLEC.2.4 Qwest will provide Unbundled Dark Fiber to CLEC in increments of one
(1) or two (2) strands. CLEC may obtain up to twenty-five percent (250/0) of available
Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber cable
segment over a twelve (12) month period. Before CLEC may order additional UDF on
such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in each
cable segment. Efficient use of interoffice cable segments is defined as providing a
minimum of OC-12 termination on each fiber pair. Efficient use of UDF MTE Subloop
fiber is defined as providing a minimum of OC-3 termination on each fiber pair. CLEC
may designate five percent (50/0) of its fibers along a fiber cable segment, or two (2)
strands, whichever is greater, for maintenance spare, which fibers or strands are not
subject to the termination requirements in this paragraph.
Qwest shall not have an obligation to unbundle Dark Fiber in the following
circumstances:a) Qwest will not unbundle Dark Fiber that Qwest utilizes for
maintenance or reserves for maintenance spare for Qwest's own use. Qwest
shall not reserve more than five percent (50/0) of the fibers in a sheath, or two (2)
strands, whichever is greater, for maintenance or maintenance spare for Qwest'
own use.b) Qwest will not be required to unbundle Dark Fiber if Qwest
demonstrates to t~e Commission by a preponderance of the evidence that such
unbundling would create a likely and foreseeable threat to its ability to meet its
Carrier of last resort obligations as established by any regulatory authority.
Qwest shall initiate such proceeding within seven (7) calendar Days of denying
CLEC's request (by written notice) to unbundle Dark Fiber where such fiber is
available. In this proceeding, Qwest shall not object to using the most
expeditious procedure available under state law, rule or regulation. Qwest shall
be relieved of its unbundling obligations, related to the specific Dark Fiber at
issue, pending the proceeding before the Commission. If Qwest fails to initiate
such pending proceeding within such seven (7) calendar Day period , CLEC'
request to unbundle Dark Fiber shall be reinstated and the ordering and
Provisioning processes of Section 9.3 shall continue.
Qwest will provide CLEC with access to the deployed Dark Fiber in its
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network in either single-mode or multi-mode. During the inquiry process , Qwest will
inform CLEC of the availability of single-mode and multi-mode fiber.
7 Specifications, interfaces and parameters for Dark Fiber are described in
Qwest's Technical Publication 77383.
Qwest.
CLEC is responsible for trouble isolation before reporting trouble to
Intentionally Left Blank.10 Upon thirty (30) calendar Days notification to CLEC , Qwest may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
Customers at the time of Qwest's notice to CLEC. In such proceeding, Qwest shall have
the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of
last resort obligations as established by any regulatory authority. In such proceeding,
CLEC shall not object to using the most expeditious procedure available under state law
rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose
permitted under this Agreement pending the proceeding before the Commission;
provided, however, that such use shall be at CLEC's sole risk of any reclamation
approved by the Commission , including the risk of termination of service to End User
Customers. CLEC may designate five percent (50/0) of its fibers along a fiber cable
segment, or two (2) strands, whichever is greater, for maintenance spare , which fibers or
strands are not subject to the reclamation requirements in this paragraph.
ntentionally Left Blank.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to Section 9.1.4 of this Agreement at both
terminating points of the UDF-IOF. No Collocation is required in intermediate Wire
Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected.
CLEC has no access to UDF at those intermediate Wire Centers.
12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of traffic is permissible pursuant to the provisions in Section 9.13 CLEC is responsible for all work activities at the MTE premises. All
negotiations with the premises End User Customer and or premises owner are solely the
responsibility of CLEC.
ntentionally Left Blank.
15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a
non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to
access MTE Subloops.16 CLEC will incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.17 Qwest and CLEC will jointly participate in continuity testing within the
Provisioning interval established in Exhibit C. Qwest and CLEC must coordinate on the
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date and time for this continuity testing. As part of their respective duties regarding this
continuity test, Qwest shall furnish a light detector at one (1) termination point of the
UDF , and CLEC shall furnish light generating equipment at the other termination point of
the UDF as described below:
17.CLEC may identify on its order the Wire Center at which Qwest
must provide a light detector and the Wire Center at which CLEC will provide
light generating equipment. If CLEC does not identify the Wire Center on its
order, Qwest and CLEC shall mutually agree on the Wire Center at which CLEC
will provide the light generating equipment.
17.Intentionally Left Blank.
17.Intentionally Left Blank.
18 If, within ten (10) Days of the date Qwest provisioned an order for UDF
CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet
the minimum parameters set forth in Technical Publication 77383 , and if the trouble is in
the Qwest UDF facility, not due to fault on the part of CLEC, then Qwest will at no
additional cost, attempt to repair the UDF as it relates to Qwest cross connects and
jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth
Technical Publication 77383, Qwest will replace the UDF if suitable UDF pair(s) are
available, at no additional nonrecurring charge. If Qwest cannot replace the UDF upon
receipt of a CLEC disconnect order Qwest will refund the nonrecurring charges
associated with the Provisioning excluding IRI FVQP and Field Verification and will
discontinue all recurring charges.
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Ordering Processes
Ordering processes and installation intervals are as follows:
The first step of the UDF ordering process is the inquiry process. The
UDF inquiry is used to determine the availability of UDF.
CLEC must submit a UDF inquiry and CLEC must specify the
two (2) locations and the number of fibers requested.
Qwest will notify CLEC, within the interval set forth in Exhibit C
of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is
not available to satisfy CLEC's request; or (iii) Qwest, in writing, denies CLEC'
request pursuant to Section 9.5(b). Qwest shall provide written notice of
denials pursuant to (iii) above.
If there is UDF available, the UDF simple inquiry response and
the complex inquiry response will contain up to five (5) available UDF routes
between the GLEe-specified end locations. If additional routes are available
Qwest will notify CLEC that such additional routes exist and negotiate how that
additional information will be made available.
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CLEC will establish network Demarcation Points to accommodate UDF
optical terminations via Collocation or other Technically Feasible means or network
demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other
network demarcation arrangements have not been completed CLEC must have
obtained preliminary APOT address information (CFA - Connecting Facility Assignment)
for its network Demarcation Points in each Qwest Wire Center where the UDF
terminates prior to placing an ord~r for UDF. When preliminary APOT has been
established and delivered to CLEC, Qwest can begin processing the UDF Provisioning
order upon receipt of the UDF Provisioning request. If the preliminary APOT address is
changed by CLEC , a new Provisioning time line for UDF must be established.
Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are
two (2) possible termination scenarios.
Termination at an MTE. CLEC shall access the UDF MTE
Subloop on the MTE Premises at a Technically Feasible point if possible.
access is not Technically Feasible on the MTE Premises , then CLEC may
request access to UDF MTE Subloop at a Technically Feasible point near the
MTE Premises. Qwest will prepare and submit to CLEC a quote along with the
original Field Verification Quote Preparation form (FVQP) within the interval set
forth in Exhibit C. Quotes are on an Individual Case Basis (ICB) and will include
costs and an interval in accordance with Exhibit C.
Intentionally Left Blank.
Termination at Qwest Wire Center. If spare fiber is available
and CLEC chooses to proceed, and the request is for UDF terminations at a
Qwest Wire Center, Qwest will begin the Provisioning process upon notification
from CLEC to proceed and the receipt of fifty percent (500/0) of the nonrecurring
charges. The notification to proceed is accomplished by completing, signing and
returning the original inquiry request to the account. manager. Provisioning
intervals for this type of request are set forth in Exhibit C. CLEC will be notified
that Provisioning is complete and the remaining nonrecurring charges and
associated recurring charges will be billed.3.4 An order may be canceled any time up to and including the Service Date.
Cancellation charges will apply in accordance with Exhibit A.
CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior
to reserving space CLEC must place an inquiry pursuant to Section 9.1 of this
Agreement and receive a UDF inquiry response that reflects that the route to be
reserved is available. CLEC is also strongly encouraged to request a field verification
that the route to be reserved is available. If CLEC does not obtain a field verification
CLEC assumes the risk that records upon which the UDF inquiry response are based
may be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) Days.
CLEC must contact Qwest to extend or renew reservations if there is delay in completion
of the Collocation build. All applicable UDF recurring charges specified in Section
2 will be assessed at the commencement of the reservation. Nonrecurring charges
for Provisioning and cross connects will be assessed at the time of installation.
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Maintenance and Repair
7.4.The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS Section of this Agreement.
7.4.If it is determined that the UDF does not meet the minimum parameters of
Technical Publication 77383 without fault of CLEC, and if the trouble is in the Qwest
UDF facility, then Qwest will attempt to repair the UDF as it relates to Qwest cross
connects and jumper at no additional cost. If Qwest cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, then Qwest will replace
the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot
replace the UDF with available pairs, then it, upon receipt of a CLEC disconnect order
will discontinue .the recurring charges effective as of the date of the commencement of
the trouble.
Rate Elements
Dark Fiber rates are contained in Exhibit A of this Agreement and include
the following elements:a) Initial Records Inquiry (IRI). This rate element is a pre-order
work effort that investigates the availability of UDF. This is a one-time charge for
each route check requested by CLEC. A simple IRI determines if UDF is
available between two (2) Qwest Wire Centers. A complex IRI is used to
determine if a UDF MTE Subloop is available. Qwest will bill CLEC the IRI
immediately upon receipt of the inquiry. The IRI is a record search and does not
guarantee the availability of UDF.b) Field Verification and Quote Preparation (FVQP). This rate
element is a pre-order work effort to estimate the cost of providing UDF access to
CLEC at locations other than Qwest Wire Centers. Qwest will prepare a quote
which will explain what work activities, timeframes, and additional costs, including
recurring and non-recurring costs, are associated with providing access to this
FDP location. This quote will be good for thirty (30) calendar Days. The FVQP is
not necessary when the request is between Qwest Wire Centers (Le., simple
IRI). If FVQP is applicable pursuant to this section and CLEC orders UDF that
has been reserved after a Field Verification has been performed, then the charge
for FVQP will be reduced by the amount of the Engineering Verification charge
assessed in the context of the reservation.
c) Engineering Verification. This rate element is an additional records check
for Unbundled Dark Fiber MTE Subloop.
The following rate elements (contained in Exhibit A) are used once the
availability of UDF has been established and CLEC chooses to access UDF.
Unbundled Dark Fiber - Single Strand - IOF Rate Elements
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a) UDF-IOF Termination (Fixed) Rate Element. This rate element
is a recurring rate element and provides a termination at the interoffice
FDP within the Qwest Wire Center. Two (2) UDF-IOF terminations apply
per cross connect provided on the facility. Termination charges apply for
each intermediate office terminating at an FDP or like cross connect
point.
b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. This
recurring rate element applies per strand. This rate element provides a
transmission path between Qwest Wire Centers. This rate element is
mileage sensitive based on the route miles of the UDF rounded up to the
next mile.
c) UDF-IOF Fiber Cross Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend
the optical connection from the IOF FDP to CLEC's optical Demarcation
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per strand. Cross connect charges apply for' each intermediate office
terminating at an FDP or like cross connect point. The nonrecurring rate
will not be charged for cross connects already in place prior to CLEC'
order for UDF-IOF.
Intentionally Left Blank.
Intentionally Left Blank.
2.4
Per Order.
Unbundled Dark Fiber - Order Charge, First Strand/Route,
2.4.This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the strand. The
element applies for the first strand that is requested to terminate at a
single location. See Exhibit
Unbundled Dark Fiber- Order Charge,Each Additional
Strand/Route, Per Order.
This rate element. is the nonrecurring component
assessed for installation of each additional Unbundled Dark Fiber strand.
The element applies to each additional strand ordered to the same
location, on the same request. See Exhibit A.
Unbundled Dark Fiber per Pair - IOF Rate Elements
1 UDF-IOF Termination (Fixed) Rate Element. This
rate element is a recurring rate element and provides a termination at the
interoffice FDP within the Qwest Wire Center. Two UDF-IOF terminations
apply per pair at each end of the facility. Termination charges apply for
each intermediate Central Office terminating at an FDP or like cross
connect point. See Exhibit
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2 UDF-IOF Fiber Transport, (Pair) Rate Element. This
rate element is a recurring component and applies per pair. This rate
element provides a transmission path between Qwest Wire Centers. The
recurring component of this rate element is mileage sensitive based on
the route miles of the UDF rounded up to the next mile. See Exhibit
7 UDF-IOF Fiber Cross Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend the
optical connection from the IOF FDP to CLEC's optical Demarcation Point.
minimum of two (2) UDF-IOF fiber cross connects apply per pair. Cross connect
charges apply for each intermediate Central Office terminating at an FDP or like
cross connect point. The nonrecurring rate will not be charged for cross
connects already in place prior to CLEC's order for UDF-IOF. See Exhibit A.
Order.
Unbundled Dark Fiber - Order Charge, First Pair/Route, Per
This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the pair. The
element applies for the first pair that is requested to terminate at a single
location. See Exhibit A.
Unbundled Dark Fiber - Order Charge, Each Additional
Pair/Route, Per Order, Location , Request.
This rate element is the nonrecurring component assessed
for installation of each additional Unbundled Dark Fiber pair. The element
applies to each additional pair ordered to the same location, or
subsequent locations for the same CLEC. See Exhibit
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18 Additional Unbundled Elements
CLEC may request non-discriminatory access to and where appropriate development of
additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process.
Construction Charges
Qwest will assess whether to build for CLEC in the same manner that it assesses whether to
build for itself. Qwest will conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space for access to or use of UNEs.
When Qwest constructs to fulfill CLEC's request for UNEs, Qwest will bid this construction on a
case-by-case basis. Qwest will charge for the construction through nonrecurring charges and a
term agreement for the remaining recurring charge , as described in the Construction Charges
Section. When CLEC orders the same or substantially similar service available to Qwest End
User Customers, nothing in this Section shall be interpreted to authorize Qwest to charge CLEC
for special construction where such charges are not provided for in a Tariff or where such
charges would not be applied to a Qwest End User Customer.
19.Qwest reserves the right to determine if Qwest will undertake requested
construction. Some circumstances under which Qwest will reject a construction request
include, but are not limited to, if it is determined that the requested element will
jeopardize the reliability of Qwest's existing network, endanger Qwest's employees or
consumers, is not consistent with the National Electrical Code (NEC), or does not meet
Network Equipment Building Standards (NEBS) requirements. If Qwest agrees to
construct a network element, the following will apply.
19.CLEC may request that Qwest construct new facilities for use in
providing services offered as Unbundled Network Elements (UNEs) using the CLEC-
Requested Unbundled Network Elements Construction (CRUNEC) method. CRUNEC is
not required for requests that can be resolved through facility work or assignments.
CRUNEC is not available for requests for facilities that are not offered as UNEs.
Qwest's CRUNEC applies to the following Wholesale products and services:
Enhanced Extended Loop (EEL)
Unbundled Subloop
Unbundled Dark Fiber (UDF)
Unbundled Dedicated Interoffice Transport (UDIT)
Unbundled Local Loop
19.To make a request for construction of facilities , CLEC must submit
a CRUNEC request by contacting the Qwest service manager.
19.Rates for CRUNEC
19.Records Quote Preparation Fee (RQPF) applies, and is a
nonrecurring charge assessed prior to preparation of a Records Quotation , whichis a high level overview and estimate of the cost of construction. This
construction estimate is based on records only and is not binding on Qwest.
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Credit in the amount of the RQPF will be applied to the Construction Quote
Preparation Fee that is described below.
19.The Construction Quote Preparation Fee (CQPF) is a
nonrecurring charge assessed prior to preparation of the CRUNEC quotation.
The CRUNEC quotation provides the amount CLEC will pay should it agree to
pursue construction. Credit in the amount of the CQPF will be applied to the
cost of construction if CLEC accepts the quoted CRUNEC price and agrees to
pursue construction.
19.CLEC may choose to first receive a Records Quotation, or
may choose to forego the Records Quotation and pay the CQPF for the
CRUNEC quotation , at any time after receiving notification that facilities
are not available to complete a service request.
19.Qwest will retain the CQPF if CLEC chooses not to proceed with
the construction. At any point after remitting payment for construction, if CLEC
decides to begin but then to discontinue construction Qwest will refund the
Construction payment, excluding expenditures already incurred by Qwest for
work completed (including work Engineered, Furnished and/or Installed (EF&I)).
Qwest will provide a brief description of work completed.
19.EF&I is defined as:
Engineering labor to analyze the needs for the requested UNE and
design and issue the required work orders
Furnished material cost
Installation labor costs to complete the work order
19.3.4 The amount of the CRUNEC quotation is determined using the
same financial analysis criteria , and costs to recover for EF&I , that Qwest uses to
assess whether to build the equivalent facilities for itself.
19.Rates are included in Exhibit A to this Agreement.
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Unbundled Network Element Combinations
23.1 General Terms
23.Qwest shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements, including but not limited to, Enhanced
Extended Loop (EEL), according to the following terms and conditions.
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23.Qwest will offer to CLEC UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. Qwest will make
available any other form of access requested by CLEC that is consistent with the Act
and the regulations thereunder. CLEC shall be entitled access to all combinations
functionality as provided in FCC rules and other Applicable Laws. Qwest shall not
require CLEC to access any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for Technical Feasibility
reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE
Combinations accessed by CLEC, except as specified in this Agreement or required by
Existing Rules.
23.Changes in law, regulations or other "Existing Rules" relating to
UNEs and UNE Combinations , including additions and deletions of elements
Qwest is required to unbundle and/or provide in a UNE Combination , shall be
incorporated into this Agreement pursuant to Section 2.2. CLEC and Qwest
agree that the UNEs identified in Section 9 are not exclusive and that pursuant to
changes in FCC rules, state laws , or the Bona Fide Request process, CLEC may
identify and request that Qwest furnish additional or revised UNEs to the extent
required under Section 251 (c)(3) of the Act and other Applicable Laws. Failure 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.
23.CLEC may Commingle UNEs and combinations of UNEs with
wholesale services and facilities (e., switched and special access services
offered pursuant to Tariff), and request Qwest to perform the necessary functions
to provision such Commingling. CLEC will be required to provide the Connecting
Facility Assignment (CFA) of CLEC's network demarcation (e., Collocation or
multiplexing facilities) for each UNE UNE Combination, or wholesale service
when requesting Qwest to perform the Commingling of such services. Qwest
shall not deny access to a UNE on the grounds that the UNE or UNE
Combination shares part of Qwest's network with access services. All requests
for combinations and Commingling will be subject to the terms and conditions in
Section 9.1. In addition to the UNE Combinations provided by Qwest to CLEC
hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest
with another UNE provided by Qwest or with compatible network components
provided by CLEC or provided by third parties to CLEC in order to provide
Telecommunications Services. Notwithstanding the foregoing, CLEC can
connect its UNE Combination to Qwest'Directory Assistance and operator
services platforms.
23.When ordered as combinations of UNEs, Network Elements that are
currently combined and ordered together will not be physically disconnected or
separated in any fashion except for technical reasons or if requested by CLEC. Network
Elements to be provisioned together shall be identified and ordered by CLEC as such.
When CLEC orders , in combination UNEs that are currently interconnected and
functional , such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
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23.1.4 When ordered in combination , Qwest will combine for CLEC UNEs that
are ordinarily combined in Qwest's network, provided that facilities are available.
23.When ordered in combination , Qwest will combine for CLEC UNEs that
are not ordinarily combined in Qwest's network, provided that facilities are available and
such combination:
23.Is Technically Feasible;
23.Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest's network; and
23.Would not impair Qwest's use of its network.
23.When ordered in combination Qwest will combine CLEC UNEs with
Qwest UNEs, provided that facilities are available and such combination:
23.Is Technically Feasible;
23.Shall be performed in a manner that provides Qwest access to
necessary facilities;
23.Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest's network; and
23.6.4 Would not impair Qwest's use of its network.
23.Intentionally Left Blank.
23.2 Description
UNE Combinations are available in , but not limited to, the following standard products: EEL
subject to the limitations set forth below. If CLEC desires access to a different UNE
Combination , CLEC may request access through the Special Request Process set forth in this
Agreement. Qwest will provision UNE Combinations pursuant to the terms of this Agreement
without requiring an amendment to this Agreement, provided that all of the UNEs included in the
combination request, and their associated Billing rate elements are contained in this Agreement.
If Qwest develops additional UNE Combination products, CLEC can order such products
without using the Special Request Process, but CLEC may need to submit a New Customer
Questionnaire and execute an amendment before ordering such products.
23.3 Terms and Conditions
23.Qwest shall provide non-discriminatory access to UNE Combinations on
rates, terms and conditions that are non-discriminatory, just and reasonable. The quality
of a UNE Combination Qwest provides, as well as the access provided to that UNE
Combination, will be equal between all Carriers requesting access to that UNE
Combination; and where Technically Feasible, the access and UNE Combination
provided by Qwest will be provided in "substantially the same time and manner" to that
which Qwest provides to itself. In those situations where Qwest does not provide access
to UNE Combinations itself, Qwest will provide access in a manner that provides CLEC
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with a meaningful opportunity to compete.
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23.Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interoffice transport and may also include multiplexing. EEL transport and
Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated Interoffice Transport portion of the
EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL.
EEL is offered as a conversion from private line/special access or as new installation
subject to the terms of Section 9.
23.Service Eligibility Criteria in Section 9.10 apply
combinations of high capacity (DS1 and DS3) Loops and interoffice transport
(high capacity EELs). This includes new UNE EELs, EEL conversions (including
commingled EEL conversions) or new commingled EELs (e., high capacity
loops attached to special access transport). CLEC cannot utilize combinations of
Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and
DS1 or DS3 unbundled dedicated interoffice transport (UDIT) to create high
capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service
Eligibility Criteria in Section 9.10.
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23.11 CLEC may request the conversion of an existing
private line/special access Service to an EEL. Retail and/or resale private
line circuits (including multiplexing) may be converted to EEL if the
conversion is Technically Feasible and they meet the terms of Section
1. Qwest will provide CLEC with conversions to EELs according to
the standard intervals set forth in Exhibit C. Work performed by Qwest to
provide Commingled EELs at CLEC's request or to provide services that
are not subject to standard provisioning intervals will not be subject to
performance measures and remedies, if any, contained in this Agreement
or elsewhere , by virtue of that service inclusion in a requested
Commingled EEL service arrangement. Provisioning intervals applicable
to services included in a requested Commingled service arrangement will
not begin to run until CLEC provides a complete and accurate service
request, necessary CFAs to Qwest, and Qwest completes work required
to provide for the Commingling that is in addition to work required to
provision the service as a stand-alone facility or service.
23.11.Intentionally Left Blank.
23.12 EEL is a combination of Loop and dedicated
interoffice transport used for the purpose of connecting an End User
Customer to CLEC's Collocation. EEL can also be ordered as a new
installation of circuits for the purpose of CLEC providing services to End
User Customers.
23.12.Terms and Conditions
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23.12.4 EEL combinations consist of Loops and
interoffice transport of the same bandwidth (Point-to-Point EEL).
High capacity point-to-point EELs must originate from a CLEC
Collocation in a Wire Center other than the Serving Wire Center of
the Loop. When multiplexing is requested, EEL may consist ofLoops and interoffice transport of different bandwidths(multiplexed EEL).
23.12.Intentionally Left Blank.
23.12.Installation intervals are set forth in Exhibit
C and in the Service Interval Guide (SIG) on the following web site
address: http://www.qwest.com/carrier/guides/sig/index.htmi .
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23.12.EEL is available only where existing
facilities are available.
23.12.Rearrangements may be requested for
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work to be performed by Qwest on an existing EEL, or on some
private line/special access circuits, when coupled with a
conversion-as-specified request to convert to EEL.
23.Ordering
23.Intentionally Left Blank.
23.CLEC will submit EEL orders using the LSR process.
23.Qwest will install the appropriate channel card based on the
DSO EEL Loop LSR order and apply the charges.
23.8.4 Intentionally Left Blank.
23.One (1) LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL and EEL Loops must be ordered on separate LSRs.
23.Rate Elements
23.EEL Loop. The EEL Loop is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Loop
available in DSO, DS1 , and DS3 bandwidths. Recurring and nonrecurring
charges as described in Exhibit A apply.
23.EEL Transport. EEL Transport consists of the dedicated
interoffice facilities between Qwest Wire Centers. EEL Transport is available in
DSO, DS 1 , and DS3 bandwidths. Recurring charges as described in Exhibit A
apply.
23.EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DSO configurations. EEL multiplexing is ordered with EEL Transport.
Recurring and nonrecurring charges set forth in Exhibit A apply.
23.9.4 DSO Low Side Channelization and DSO MUX Low Side
Channelization. EEL DSO Channel Cards are required for each DSO EEL Loop
or DSO Unbundled Loop connected to a 1/0 Multiplexer. Channel Cards are
available for Analog Loop Start, Ground Start, Reverse Battery, and
Signaling.
23.Intentionally Left Blank.
23.A rearrangement nonrecurring charge as described in Exhibit A
may be assessed on some requests for work to be performed by Qwest on an
existing EEL , or on some private line/special access circuits, when coupled with
a conversion-as-specified request to convert to EEL.
23.10 CLEC may request access to and, where appropriate, development of
additional UNE Combinations. For UNEs Qwest currently combines in its network
CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that
Qwest does not currently combine, CLEC must use the Bona Fide Request Process
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(BFR). In its BFR or SRP request CLEC must identify the specific combination of
UNEs, identifying each individual UNE by name as described in this Agreement.
23.ntentionally Left Blank.
23.12 If CLEC is obtaining services from Qwest under an arrangement or
agreement that ir)cludes the application of termination liability assessment (TLA) or
minimum period charges , and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services will not be delayed due to the
applicability of TLA or minimum period charges. The applicability of such charges is
governed by the terms of the original agreement, Tariff or arrangement. Nothing herein
shall be construed as expanding the rights otherwise granted by this Agreement or by
law to elect to make such conversions.
23.13 For installation of new UNE Combinations, CLEC will not be assessed
UNE rates for UNEs ordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination.
23.Intentionally Left Blank.
23.ntentionally Left Blank.
23.16 In the event Qwest terminates the Provisioning of any UNE Combination
service to CLEC for any reason , CLEC shall be responsible for providing any and all
necessary notice to its End User Customers of the termination. In no case shall Qwest
be responsible for providing such notice to CLEC's End User Customers. Qwest shall
only be required to notify CLEC of Qwest's termination of the UNE Combination service
on a timely basis consistent with Commission rules and notice requirements.
23.17 CLEC, or CLEC's agent, shall act as the single point of contact for its End
User Customers' service needs, including without limitation, sales , service design , order
taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-
sale servicing, Billing, collection and inquiry. CLEC shall inform its End User Customers
that they are End User Customers of CLEC. CLEC's End User Customers contacting
Qwest will be instructed to contact CLEC , and Qwest's End User Customers contacting
CLEC will be instructed to contact Qwest. In responding to calls, neither Party shall
make disparaging remarks about each other. To the extent the correct provider can be
determined, misdirected calls received by either Party will be referred to the proper
provider of local Exchange Service; however, nothing in this Agreement shall be deemed
to prohibit Qwest or CLEC from discussing its products and services with CLEC's or
Qwest's End User Customers who call the other Party seeking such information.
23.4 Rates and Charges
23.4.The rates and charges for the individual Unbundled Network Elements
that comprise UNE Combinations are contained in Exhibit A for both recurring and
nonrecurring application.
23.Recurring monthly charges for each Unbundled Network
Element that comprise the UNE Combination shall apply when a UNE
Combination is ordered. Rates are contained in Exhibit A.
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23.4.Nonrecurring charges, if any, will apply based upon the cost to
Qwest of Provisioning the UNE Combination and providing access to the UNE
Combination. These nonrecurring charges, if any, are described in Exhibit A.
23.4.If the Commission takes any action to adjust the rates previously ordered,
Qwest will make a compliance filing to incorporate the adjusted rates into Exhibit A.
Upon the compliance filing by Qwest, the Parties wiII abide by the adjusted rates on a
going-forward basis, or as ordered by the Commission.
23.4.CLEC shall be responsible for Billing its End User Customers served over
UNE Combinations for all Miscellaneous Charges and surcharges required of CLEC by
statute, regulation or otherwise required.
23.4.4 Intentionally Left Blank.
23.4.Intentionally Left Blank.
23.4.Qwest shall have a reasonable amount of time to implement system or
other changes necessary to bill CLEC for Commission-ordered rates or charges
associated with UNE Combinations.
23.5 Ordering Process
23.UNE Combinations and associated products and services are ordered via
an LSR or ASR, as appropriate. Ordering processes are contained in this Agreement
and in the PCAT. The following is a high-level description of the ordering process:
23.
23.
ntentionally Left Blank.
Intentionally Left Blank.
23.Step
representative.
Complete product questionnaire with account team
23.1.4 Step 2: Obtain Billing Account Number (BAN) through account
team representative.
23.Step 3: Allow two (2) to three (3) weeks from Qwest's receipt of
a completed questionnaire for accurate loading of UNE Combination rates to the
Qwest Billing system.
23.Step 4: After account team notification, place UNE Combination
orders via an LSR or ASR, as appropriate.
23.Additional information regarding the ordering processes are
located at: http://www.qwest.com/wholesale/solutions/clecFacility/une - c. htmL
23.Prior to placing an order on behalf of each End User Customer, CLEC
shall be responsible for obtaining and have in its possession a Proof of Authorization as
set forth in this Agreement.
23.Standard service intervals for each EEL are set forth in Exhibit C. For
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UNE Combinations with appropriate retail analogues CLEC and Qwest will use the
standard Provisioning interval for the equivalent retail service. CLEC and Qwest can
separately agree to Due Dates other than the standard interval.
23.5.4 Due Date intervals are established when Qwest receives a complete and
accurate Local Service Request (LSR) or Access Service Request (ASR) made through
the . IMA, EDI or Exact interfaces or through facsimile. For EEL and all other UNE
Combinations , the date the LSR or ASR is received is considered the start of the service
interval if the order is received on a business day prior to 3:00 p.m. For EEL and all
other UNE Combinations, the service interval will begin on the next business day for
service requests received on a non-business day or after 3:00 p.m. on a business day.
Business days exclude Saturdays, Sundays, New Year Day, Memorial Day,
Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day.
23.
23.
Intentionally Left Blank.
Intentionally Left Blank.
23.For UNE Combinations CLEC shall provide Qwest and Qwest shall
provide CLEC with points of contact for order entry, problem resolution, repair, and in the
event special attention is required on service request.
23.Billing
23.Qwest shall provide CLEC, on a monthly basis , within seven (7) to ten
(10) calendar Days of the last day of the most recent Billing period, in an agreed upon
standard electronic Billing format, Billing information including (1) a summary bill , and (2)
individual End User Customer sub-account information consistent with the samples
available for CLEC review.
23.Maintenance and Repair
23.Qwest will maintain facilities and equipment that comprise the service
provided to CLEC as a UNE Combination. CLEC or its End User Customers may not
rearrange, move, disconnect or attempt to repair Qwest facilities or equipment, other
than by connection or disconnection to any interface between Qwest and the End User
Customer, without the written consent of Qwest.
23.Loop-Mux Combination (LMC)
23.Description
23.Loop-mux combination (LMC) is an unbundled Loop as defined in
Section 9.2 of this Agreement (referred to in this Section as an LMC Loop)
Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1
or DS3 multiplexed facility with no interoffice transport. The PL T/SA multiplexed
facility is provided as either an Interconnection Tie Pair (ITP) or Expanded
Interconnection Termination (EICT) from the high side of the multiplexer to
CLEC's Collocation. The multiplexer and the Collocation must be located in the
same Qwest Wire Center.
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23.LMC provides CLEC with the ability to access End User
Customers and aggregate DS 1 or DSO unbundled Loops to a higher bandwidth
via a PL /SA DS 1 or DS3 multiplexer. There is no interoffice transport between
the multiplexer and CLEC's Collocation.
23.Qwest offers the LMC Loop as a billing conversion or as new
provisioning.
23.Terms and Conditions
23.An Extended Enhanced Loop (EEL) may be commingled with the
PL T /SA multiplexed facility.
23.
available.
LMC Loops will be provisioned where existing facilities are
23.
Collocation.
The PL T/SA DS1 or DS3 multiplexed facility must terminate in a
23.2.4 The multiplexed facility is subject to all terms and conditions
(ordering, provisioning, and billing) of the appropriate Tariff.
23.The multiplexer and the Collocation must be located in the same
Qwest Wire Center.
23.Rearrangements may be requested for work to be performed by
Qwest on an existing LMC Loop, or on some private line/special access circuits,
when coupled with a conversion-as-specified request to convert to LMC Loop.
23.Rate Elements
23.The LMC Loop is the Loop connection between the End User
Customer Premises and the multiplexer in the serving Wire Center where CLEC
is Collocated. LMC Loop is available in DSO and DS1. Recurring and non-
recurring charges apply.
23.DSO Mux Low Side Channelization. LMC DSO channel cardsare required for each DSO LMC Loop connected to a 1/0 LMC multiplexer.
Channel cards are available for analog loop start, ground start, reverse battery,
and no signaling. See channel performance for recurring charges as set forth in
Exhibit A.
23.Nonrecurring charges for billing conversions to LMC Loop are
set forth in Exhibit A.
23.3.4 A rearrangement nonrecurring charge as described in Exhibit A
may be assessed on some requests for work to be performed by Qwest on an
existing LMC Loop, or on some private line/special access circuits, when coupled
with a conversion-as-specified request to convert to LMC Loop.
23.Ordering Process
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23.8.4.Ordering processes for LMC Loop(s) are contained in this
Agreement and in Qwest's Product Catalog (PCA T). The following is a high-level
description of the ordering process:
23.8.4.Step 1: Complete product questionnaire for LMC Loop(s)
with account team representative.
23.8.4.2. Step 2: Obtain billing account number (BAN) through
account team representative.
23.8.4.Step 3: Allow two (2) to three (3) weeks from Qwest's
receipt of a completed questionnaire for accurate loading of LMC rates to
the Qwest billing system.
23.8.4.1.4 Step 4: After account team notification, place LMC Loop
orders via an LSR.
23.8.4.Prior to placing an order on behalf of each End User Customer
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authorization (POA) as set forth in this Agreement.
23.8.4.Standard service intervals for LMC Loops are in the Service
Interval Guide (SIG) available at www.qwest.com/whoiesale.
23.8.4.4 Due date intervals are established when Qwest receives a
complete and accurate LSR made through the IMA or EDI interfaces or through
facsimile. For LMC Loops, the date the LSR is received is considered the start of
the service interval if the order is received on a business Day prior to 3:00 p.
For LMC Loops, the service interval will begin on the next business Day for
service requests received on a non-business day or after 3:00 p.m. on a
business day. Business Days exclude Saturdays , Sundays, New Year s Day,
Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
23.Billing
23.Qwest shall provide CLEC , on a monthly basis, within seven to ten
(7 to 10) calendar Days of the last day of the most recent billing period , in an
agreed upon standard electronic billing format, billing information including (1) a
summary bill, and (2) individual End User Customer sub-account information.
23.Maintenance and Repair
23.Qwest will maintain facilities and equipment for LMC Loops
provided under this Agreement. Qwest will maintain the multiplexed facility
pursuant to the Tariff. CLEC or its End User Customers may not rearrange
move, disconnect or attempt to repair Qwest facilities or equipment, other than by
connection or disconnection to any interface between Qwest and the. End User
Customer, without the prior written consent of Qwest.
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Loop Splitting
24.1 Description
Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service over an existing Unbundled Loop by using the frequency
range above the voice band on the copper Loop. The advanced data service may be provided
by the Customer of Record (the voice service provider) or another data service provider chosen
by the Customer of Record. The Splitter separates the voice and data traffic and allows the
copper Loop to be used for simultaneous DLEC data transmission and GLEe provided voice
service to the End User Customer. "CLEC" will herein be referred to as the voice service
provider while "DLEC" will be referred to as the advanced data service provider. CLEC and
DLEC may be the same entity.
24.With regard to Qwest's current requirement that Loop Splitting be offered
over an existing Unbundled Loop, Qwest acknowledges that there are ongoing industry
discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop.
as a result of those discussions , a process is developed for Loop Splitting over a new
Loop, Qwest will amend its Agreement to eliminate the limitation of Loop Splitting to
existing Unbundled Loops.
24.2 Terms and Conditions
24.General
24.Qwest is not responsible for providing the Splitter, filter(s) and/or
other equipment necessary for the End User Customer to receive separate voice
and data service across a single copper Loop.
24.To order Loop Splitting, CLEC/DLEC must have a Splitter
installed in the Qwest Wire Center that serves the End User Customer. The
Splitter must meet the requirements for Central Office equipment Collocation set
by the FCC or be compliant with ANSI T1.413.
24.There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
24.1.4 If Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 2/4 wire non-loaded Loop or ADSL compatible Loop.
24.1.4.The Customer of Record will be able to request
conditioning of the Unbundled Loop. Qwest will perform requested
conditioning of Unbundled Loops to remove load coils and excess
Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2 of this Agreement.
24.1.4.If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it
unacceptable to CLEC, Customer of Record shall pay to convert back to
an analog Loop.
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24.Splitters may be installed in Qwest Wire Centers at the
discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation
arrangements set forth in the Collocation Section of this Agreement. Under
either option, Splitters will be appropriately hard-wired or pre-wired so that points
of termination are kept to a minimum. For Loop Splitting, Qwest shall use the
same length of tie pairs as. it uses for other split services provided under this
Agreement, except for the additional CLEC-to-CLEC connection , which
required for Loop Splitting.
24.3 Rate Elements
The following Loop Splitting rate elements are contained in Exhibit A of this Agreement.
24.Recurring Rates for Loop Splitting
24.Interconnection Tie Pairs (ITP) - A monthly recurring charge to
recover the costs associated with the use of ITPs.
24.OSS Charge - A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Unbundled Loop.
24.Nonrecurring Rates for the Loop Splitting
24.Basic Installation Charge for Loop Splitting - nonrecurring
charge for Loop Splitting installed will apply.
24.Nonrecurring Rates for Maintenance and Repair
24.Trouble Isolation Charge - A nonrecurring charge for trouble
isolation will be applied in accordance with the Access to OSS - Maintenance
and Repair Section.
24.Additional Testing - The Customer of Record may request
Qwest to perform additional testing, and Qwest may decide to perform the
requested testing on a case-by-case basis. A nonrecurring charge will apply in
accordance with Exhibit A.
24.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement.
24.All of these rates are interim and will be subject to true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. In the event interim rates are established by the
. Commission before permanent rates are set, the interim rates set forth in Exhibit A will
be changed to reflect the interim rates set by the Commission; however, no true up will
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
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24.4 Ordering Process
24.4.Loop Splitting
24.4.As a part of the pre-order process CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to OSS Section. The Customer of Record will determine, in its sole
discretion and at its risk, whether to add data services to any specific Unbundled
Loop.
24.4.The Customer of Record will provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. Qwest will
administer all cross connects/jumpers on the COSMIC/MDF and IDF.
24.4.Basic Installation "lift and lay" procedure will be used for all Loop
Splitting orders. Under this approach , a Qwest technician "lifts" the Loop from its
current termination in a Qwest Wire Center and "lays" it on a new termination
connecting to CLEC's/DLEC's collocated equipment in the same Wire Center.
24.4.1.4 The Customer of Record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given Qwest Wire Center
including, but not limited to, Splitter installation and tie cable reclassification or
augmentation has been completed.
24.4.The Customer of Record shall submit the appropriate LSRs
associated with establishing Unbundled Loop and Loop Splitting.
24.4.If the voice service is disconnected on Loop Splitting
, arrangement, the Loop Splitting arrangement shall terminate. CLEC may
arrange to provide DSL service to the End User Customer through purchase of
another product.
24.5 Billing
24.Qwest shall provide a bill to the Customer of Record, on a monthly basis
within seven (7) to ten (10) calendar Days of the last day of the most recent Billing
period, in an agreed upon standard electronic Billing format.
24.Qwest shall bill the Customer of Record for all recurring and nonrecurring
Loop Splitting rate elements.
24.6 Repair and Maintenance
24.1- Qwest will allow CLEC/DLEC to access Loop Splitting at the point where
the combined voice and data Loop is cross connected to the Splitter.
24.The Customer of Record will be responsible for reporting to Qwest
service troubles provided over Loop Splitting. Qwest will be responsible to repair
troubles on the physical line between Network Interface Devices at the End User
Customer premises and the point of demarcation in Qwest Wire Centers. Qwest, CLEC
and DLEC each will be responsible for maintaining its equipment. The entity that
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controls the Splitters will be responsible for their maintenance.
24.3 Qwest, CLEC and DLEC will continue to develop repair and maintenance
procedures for Loop Splitting and agree to document final agreed to procedures in a
methods and procedures document that will be made available on Qwest's web site.
24.7 Customer of Record and Authorized Agents
24.1 "Customer of Record" is defined for the purposes of this section as the
voice service provider. Qwest will bill the Customer of Record for Loop Splitting. The
Customer of Record may designate an authorized agent pursuant to the terms of
sections 9.24.2 and 9.24.3 to perform ordering and/or Maintenance and Repair
functions.
24.In order for the authorized agent of the Customer of Record to perform
ordering and/or Maintenance and Repair functions, the Customer of Record must
provide its authorized agent the necessary access and security devices, including but
not limited to user identifications, digital certificates and SecurlD cards, that will allow the
authorized agent to access the records of the Customer of Record. Such access will be
managed by the Customer of Record.
24.The Customer of Record shall hold Qwest harmless with regard to any
harm Customer of Record receives as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of Record or any other Person who
has obtained from the Customer of Record the necessary access and security devices
including but not limited to user identifications, digital certificates and SecurlD cards, that
allow such Person to access the records of the Customer of Record unless such access
and security devices were wrongfully obtained by such Person through the willful or
negligent behavior of Qwest.
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