20050720Application Part III.pdf

Section 10
Ancillary Services
Section 10.0 - ANCILLARY SERVICES
10.Interim Number Portability
10.Description
10.Interim Number Portability (INP) service is an arrangement that allows an
End User Customer to retain its dialed telephone number when switching to another
service provider. INP service can be provided by Qwest to CLEC or by CLEC to Qwest.
For the purposes of this section, the Party porting traffic to the other Party shall be
referred to as the "INP Provider" and the Party receiving INP traffic for termination shall
be referred to as the "INP Requestor.
1 0.INP applies to those situations where an end user elects to transfer to a
new service provider and such end user also wishes to retain its existing telephone
number. INP consists of INP Provider s provision to the INP Requestor the capability to
route calls placed to telephone numbers assigned to the INP Provider s switches to the
INP Requestor switches. INP is available only for working telephone numbers
assigned to the INP Provider s end users who request to transfer to the INP Requestor
service. Local Interconnect Service (LIS) is required for INP.
10.INP is available as INP-Remote Call Forwarding (INP-RCF), Direct
Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration.
DNRI is available as either direct to an end office or through a tandem, also referred to
as DNRI Tandem (RIPH) or portability hub. NXX Migration, or Local Exchange Routing
Guide Reassignment, reassigns the entire Central Office Code (NXX) to the CLEC
Switch if the code is used solely for one End User.
10.1.4 Remote Call Forwarding (RCF)
10.1.4.RCF permits a call to an INP Provider s assigned telephone
number to be translated to the INP Requestor s dialable local number. With the
RCF solution , a permanent RCF is established in Qwest's Switch forwarding any
incoming call to the number assigned and maintained in the CLEC Switch.
10.1.4.INP via RCF also requires Office Equipment (OE), on a per
telephone number basis. The INP Requestor will need to provide a forecast of
deployment sites and estimated quantities of ported numbers to assist in
assessment of available porting methods. Each request for INP via RCF will be
analyzed by the Infrastructure Availability Center, lAC, to determine if OE is
available.
10.Direct Inward Dialing (DID)
DID permits incoming calls to be ported to the INP Requestor s Switch via a DID trunk
configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffic
between Qwest's End Office and CLEC's Switch. The traffic on these trunks cannot
overflow to other trunks. In addition , inter-Switch signaling for DID is limited to multi-
frequency (MF). This precludes passing the Calling Line 10 to the CLEC Switch. With
DID, because there is no SS7 capability, there are CLASS feature limitations. For DID
the INP Provider will deliver the dialed telephone number to the INP requestor s central
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office.
10.Directory Number Route Indexing (DNRI)
DNRI permits incoming calls to be ported to the INP Requestor s Switch via a route
index. A permanent route index is assigned to the end user s ported number in the INP
Provider s Switch. The INP Provider will deliver the dialed seven digit telephone number
to the INP requestor s central office. INP Requestor may terminate the call as desired.
Additional capacity for simultaneous call forwarding is available where technically
feasible. The INP Requestor will need to specify the number of simultaneous calls to be
forwarded for each number ported. DNRI tandem routing requires an additional thirty
(30) day lead time to establish technical requirements for routing the ported calls.
10.2 Terms and Conditions
10.Qwest and CLEC will provide INP service in a non-discriminatory manner
and with as little impairment of functioning, quality, reliability and convenience as
possible.
10.Qwest will coordinate INP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption.
10.The Parties shall provide INP on a reciprocal basis to each other to the
extent technically feasible , and in accordance with rules and regulations as, from time to
time, prescribed by the FCC and/or the Commission.
10.2.4 Until the long term number portability solution, referred to as Local
Number Portability (LNP), is implemented by the industry pursuant to regulations issued
by the FCC or the Commission, the Parties agree to provide INP to each other through
RCF, DID , DNRI and NXX migration. Local Interconnect Service (LIS) is required for
INP.
10.Once Local Number Portability has been implemented within a Wire
Center, INP will no longer be available for ordering within that Wire Center.
10.Upon LNP implementation, the INP offerings will be withdrawn subject to
advance notice to the other Party. Both Parties will conform to the Western Region LNP
Technical and Operations team guidelines and agreements for completion of INP to LNP
conversion activity.
10.The INP Requestor s designated INP Switch must return answer and
disconnect supervision to the INP Provider s Switch.
10.The INP Requestor will provide to the E911 database provider the
network telephone number that the INP Requestor assigned to the INP Provider-
assigned, ported telephone number. Updates to and maintenance of the INP
information to the E911 database are the responsibility of the INP Requestor. For
consistency in administration , the INP Requestor shall enter into a separate agreement
with the E911 database provider.
10.Qwest will update its Line Information Database (LlDB) listings for ported
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numbers as directed by CLEC. Qwest will restrict or cancel calling cards associated with
these ported numbers. LI DB updates shall be completed by the Parties on the same
business day each INP arrangement is activated.
10.10 An INP telephone number may be assigned by INP Requestor only to the
INP Requestor s end users located within the INP Provider s local calling area and toll
rating area that is associated with the NXX of the ported number.
10.11 INP is applicable only if the INP Requestor is engaged in a reciprocal
traffic exchange arrangement with the I NP Provider.
10.12 Only the existing INP Provider assigned end user telephone number may
be used as a ported number for INP.
10.13 An INP telephone number must be active and assigned to an end user to
accommodate INP.
10.14 INP services shall not be re-sold , shared or assigned by either Party to
another LEC or CLEC.
10.15 INP is not offered for NXX Codes 555, 976, 960 , and coin telephones
and Service Access Codes (i.e., 500, 700, 8XX, 900). INP is not available for Feature
Group A seven-digit numbers, including Foreign Exchange. Furthermore , INP numbers
may not be used for mass calling events.
10.16 The ported telephone number will be returned to the Switch which
originally had the ported number when the end user disconnects service from the INP
Requestor. The INP Requestor shall not retain it and reassign it to another end user.
The normal intercept announcement will be provided by the INP Provider for the period
of time until the telephone number is reassigned by the INP Provider.
10.17 Forecasts for INP must be included in the forecasting process detailed in
Section 7 of this Agreement.
10.18 NXX Migration , or Local Exchange Routing Guide Reassignment
reassigns the entire Central Office Code (NXX) to the CLEC Switch if the code is used
solely for one End User. Where one Party has activated an entire NXX for a single end
user, or activated a substantial portion of an NXX for a single end user with the
remaining numbers in that NXX either reserved for future use or otherwise unused, if
such end user chooses to receive service from the other Party, the first Party shall
cooperate with the second Party to have the entire NXX reassigned to an End Office
operated by the second Party through the NANP administrator. In addition, both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables , etc.
).
Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times (as identified in the LERG guidelines and the Central
Office Code Administration guidelines) for movement of NXXs from one Switch to
another. Other applications of NXX migration will be discussed by the Parties as
circumstances arise.
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10.Ordering
10.Both parties shall comply with ordering standards as developed by the
industry. INP service is ordered via a Local Service Request and associated Number
Portability forms. Specific details regarding the ordering of INP service is contained in
the PCAT.
10.CLEC may order INP service either manually or through an electronic
interface. The electronic gateway solution for ordering service is described in Section 12
of this Agreement.
10.Service intervals for INP are described below. These intervals apply
when facilities and network capacity is available. Where facilities or network capacity is
not available, intervals are on an Individual Case Basis (ICB). Orders received after
3:00 P.M. are considered the next business day. The following service intervals have
been established for interim number portability:
Number of Lines Interval
Simple (1 FR/1 FB)
49 lines
50 or more lines
3 business days
1GB
Complex (PBX Trunks/lSDN)
8 lines or trunks
16 lines or trunks
17 -24 lines or trunks
25 or more lines or trunks
5 business days
6 business days
7 business days
1GB
Centrex
10 lines
11-20 lines
21 or more lines
5 business days
10 business days
1GB
Out of Hours Conversions
Any quantity 1GB
10.3.4 Qwest will provide FOCs to CLECs within a reasonable time, no later than
48 hours after receipt of complete and accurate orders for Regular POTS or Simple
Business End Users. The FOC interval for all other complex orders will be within a
reasonable time, no later than 8 business days from receipt of complete and accurate
orders. The Foe for 1GB orders will reflect an 1GB FOC date.
10.For purposes of this Section, Qwest's normal business hours are 7:00
m. to 7:00 p., local time, Monday through Friday. CLEC may also request a Frame
Due Time (FDT) of 5:00 a.m. as a normal business hour Monday through Friday.
Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.
normal business hours shall be considered an out of hours cut.
10.CLEC shall request service within the normal business hours by
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submitting a Local Service Request (LSR) and designating the requested Frame Due
Time. Requests for Frame Due Times within normal business hours will be proactively
managed by Qwest to ensure that the Frame Due Time is met.
10.Out of Hours Cut
10.Out of hours cuts permit a CLEC to sel~ct either a coordinated
or non-coordinated cut for INP service outside of Qwest's normal business hours.
For planning purposes, CLEC shall provide Qwest with a forecast of out of hours
coordinated cuts at least two weeks prior to a CLEC placing an order in a
particular state. Forecasts should include the anticipated Frame Due Times and
volumes to be ported out of hours.
10.CLEC shall request out of hours' cuts by submitting a Local
Service Request (LSR) and designating the desired FDT outside of the normal
business hours. In the Remarks section of the LSR CLEC must specify an Out
of Hours cut and the type of cut (coordinated or non-coordinated).
10.The date and time for the coordinated cut 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 FDT in the same Switch (Switch contention). Because of this up-front
coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the
FDT will require additional time. In the event that this situation would occur
Qwest will negotiate with CLEC to provide the FOC within a reasonable time
frame.
10.7.4 Non-Coordinated Out of Hours Cut
10.7.4.CLEC shall request out of hours non-coordinated
cuts by submitting a LSR and designating a 1 :00 a.m. FDT (due date)
which is outside of the normal business hours. Non-coordinated cuts
allow CLEC to request a Qwest FDT of 1 :00 a.m. where the actual cut
occurs between the hours of 1 :00 a.m. and 7:00 a., with the cut
completed by 7:30 a.m. of that day (if the requested date is a business
day, or by 7:30 a.m. of the next business day).
10.7.4.Conversion desk activities and escalation processes
for non-coordinated out of hour cuts are accomplished during the
business day prior to the cut.
10.7.4.CLEC will not incur additional charges for non-
coordinated out of hours cuts.
10.Coordinated Out of Hours Cut
10.CLECs shall request a coordinated out of hours cut
by submitting a LSR and designating the requested FDT.
10.Out of hours coordinated cuts will be managed by a
Qwest project manager. Coordination of this effort requires an up-front
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internal planning session. Any changes to the original FDT will be
negotiated with CLEC and will occur prior to issuing an FOC.
10.
out of hours cuts.
CLEC will incur additional charges for coordinated
10.End User Impacts
10.The INP Requestor is responsible for all dealings with and on
behalf of its end users, including all end user account activity (e., end user
inquiries and complaints).
10.Each Party is responsible for obtaining a Proof of Authorization
from its end users who request a transfer of the end user s telephone number
from the other Party.
10.The INP Provider will work cooperatively with the INP Requestor
to ensure a smooth end user transition and to provide for coordination with other
facilities (e., Loops).
10.8.4 If an end user requests transfer of service from the INP
Requestor back to the INP Provider, the INP Provider may rely on that end user
request to institute cancellation of the INP service. The INP Provider will provide
at least 48 hours notice to the INP Requestor of the cancellation of INP service
and will work cooperatively with the INP Requestor to ensure a smooth end user
transition and to provide for coordination with other facilities (e., Loops).
10.The INP Requestor will submit to the INP Provider a disconnect
order for each ported number that is relinquished by the INP Requestor s end
users. Qwest will provide an electronic interface for the purpose of ordering INP
service. This interface may be accomplished by either a GUI (Graphical User
Interface) or ED I (Electronic Data Interchange).
10.Maintenance and Repair
10.1.4.CLEC is responsible for its own end users and will have the responsibility
for resolution of any service trouble report(s) from its end users. End user customers of
CLEC will be instructed to report all cases of trouble to their Service Provider.
10.1.4.CLEC and Qwest will provide to their respective end user customers the
correct telephone numbers to call for access to their respective repair bureaus. CLEC
and Qwest will provide their repair contact numbers to one another on a reciprocal basis.
10.1.4.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 the Qwest
network. Qwest will perform standard tests to isolate and repair the trouble. For INP
trouble reports, Qwest will not be responsible for testing the Unbundled Loop leased by
CLEC.
10.1.4.4 The trouble ticket will be closed by the functional group that corrected the
trouble. This group will also contact CLEC to inform them that the ticket has been
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closed. Current trouble codes and analysis codes will be entered to the trouble ticket.
10.5 Rate Elements
10.INP Rate Elements
In accordance with Commission requirements, Qwest recovers an appropriate allocation
of its INP costs through charges to CLEC for each NXX code assigned to a CLEC. Per
Commission Orders, a true-up will be completed semi-annually. The true-up is a
mechanism for readjusting the monthly charge based on forecasted quantities, to
account for actual quan~ities during the year. The Parties will comply with the FCC rules
and Commission decisions on cost recovery for interim number portability. Exhibit A of
this Agreement contains Interim Number Portability rates.
10.In accordance with Commission requirements, Qwest recovers
an appropriate allocation of its INP costs through charges to CLEC for each NXX
code assigned to a CLEC. Per Commission Orders, a true-up will be completed
semi-annually. The true-up is a mechanism for readjusting the monthly charge
based on forecasted quantities, to account for actual quantities during the year.
10.Charges for Coordinated Out of Hours Cuts. Charges for
coordinated out of hours cuts shall be based upon actual hours worked at
Qwest's overtime rate , time and one-half rates for timeframes outside ofQwest'
normal hours except for Sundays and Holidays. Charges for coordinated out of
hours cuts on Sundays and Holidays shall be based upon Qwest's overtime
premium rate , which is double time. Overtime rates will be multiplied by the
number of Qwest personnel actively participating in the cut, multiplied by the
number of hours required for the cut. Exhibit A of this Agreement contains
overtime rates for coordinated out of hours cuts.
10.Qwest will schedule the appropriate number of
employees prior to the cut, based upon information provided by CLEC.
such information requires modification during the cut and, as a result
non-scheduled employees are required , CLEC shall be charged a four
hour minimum callout.
10.Switched Access Revenues. Qwest will comply with the FCC and
Commission rules regarding the sharing of terminating access revenues. Once the End
Office Switch is converted to long term number portability (LNP), CLEC has the ability to
directly bill the Interexchange Carrier, and no sharing of terminating access revenues is
required.
10.The Switched Access rate elements are identified in Qwest'
Switched Access Tariff.
10.Qwest will use ARMIS data to determine the average Minutes of
Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis.
10.The number of lines to be used in determining the amount of
terminating switched access will be extracted from the Qwest corporate data
warehouse once each month. This database contains billed information for
posted orders.
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10.2.4 The calculation of the terminating Switch access charges, along
with the appropriate data for the preceding month will be provided to CLEC to
support the payment. Qwest will pay the pass through amounts to CLEC within
one month. Disputes will be processed as though this credited amount were abilled amount under this Agreement.
10.Local Number Portability
10.Description
10.Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain , at the same location , existing
Telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another. Qwest will allow
CLEC to port telephone numbers for its End User Customers in the same manner as
Qwest ports telephone numbers for Qwest End User Customers. CLEC may port
telephone numbers into and out of Qwest End Office Switches on behalf of an End User
Customer using the FCC rules and industry guidelines as described in the following
Sections.
10.Qwest uses the Location Routing Number (LRN) architecture. Under the
LRN architecture, each End Office Switch is assigned a unique ten-digit LRN , the first six
digits of which identify the location of that End Office Switch. The LRN technology is a
triggering and addressing method which allows the re-homing of individual telephone
numbers to other End Office Switches and ensures the proper routing of calls to ported
telephone numbers through the use of a database and the signaling network. The LRN
solution interrupts call processing through the use of an Advanced Intelligent Network
(AIN) trigger, commonly referred to as the LRN trigger. During this interruption , a query
is launched to the LNP database in the signaling network and the call is re-addressed
using the LRN information for the ported telephone number. The LRN will route the call
to the proper End Office Switch destination. The actual routing of the call with either the
dialed telephone number, for calls to non-ported telephone numbers, or the LRN , for
calls to ported telephone numbers, observes the rules, protocols and requirements of the
existing Public Office Dialing Plan (POOP).
10.Terms and Conditions
10.Qwest will provide Local Number Portability (LNP), also known as long-
. term number portability, in a non-discriminatory manner in compliance with the FCC'
rules and regulations and the guidelines of the FCC's North American Numbering
Council's (NANC) Local Number Portability Administration (LNPA) Working Group andthe Industry Numbering Committee (INC) of the Alliance for Telecommunications
Industry Solutions (A TIS). Unless specifically excluded in Section 10., all telephone
numbers assigned to an End User Customer are available to be ported through LNP.
Mass calling events shall be handled in accordance with the industry s non-LRN
recommendation (NANC's High Volume Call-In Networks dated February 18, 1998).
10.Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable End Office Switches and the schedule and
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status for future deployment will be identified in the Local Exchange Routing Guide
(LERG).
10.In connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the Telecommunications industry as a national industry standard.
10.2.4 Qwest will coordinate LNP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption, pursuant to Unbundled Loop
provisions identified in Section 9 of this Agreement. CLEC will coordinate with Qwest for
the transfer of the Qwest Unbundled Loop coincident with the transfer of the End User
Customer s service to Qwest in a reasonable amount of time and with minimum service
disruption. For coordination with Loops not associated with Qwest's Unbundled Loop
offering, CLEC may order the LNP managed cut, as described in Section 10.5.4.
10.2.4.Parties understand that LNP order activity must be coordinated
with facilities cutovers in order to ensure that the End User Customer is provided
with uninterrupted service. If the Party porting the telephone number
experiences problems with its port or provision of its Loop, and needs to delay or
cancel the port and any Loop disconnection, that Party shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cancel the port and any Loop disconnection in accordance with industry (LNPA'
National Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.2.4.Parties shall transmit a port create subscription or' port
concurrence message to the NPAC, in accordance with the FCC's LNPA
Working Group s guidelines. Qwest will routinely send a concurrence message
within the time frames established by the industry.
10.The Parties agree to implement LNP within the guidelines set forth by the
generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.Neither Party shall be required to provide Local Number Portability for
telephone numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and
976 NXX number services).
10.After an End Office Switch becomes equipped with LNP all NXXs
assigned to that End Office Switch will be defined as portable, to the extent Technically
Feasible, and translations will be changed in each Party s Switches so that the portable
NXXs are available for LNP database queries. When an NXX is defined as portable, it
will also be defined as portable in all LNP-capable End Office Switches that have direct
trunks to the End Office Switch associated with the portable NXX.
10.Each Party shall offer Local Number Portability to End User Customers
for any portion of an existing DID block without being required to port the entire block of
DID telephone numbers. Each Party shall permit End User Customers who port a
portion of DID telephone numbers to retain DID service on the remaining portion of the
DID telephone numbers.
10.At the time of porting a telephone number via LNP from Qwest, Qwest
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shall ensure that the LlDB entry for that telephone number is de-provisioned if the Qwest
LlDB is not being used by CLEC.
10.10 Both Parties agree to follow the LNP End Office Switch request process
established by the Parties and in compliance with industry guidelines.
10.11 NXX Migration, or Local Exchange Routing Guide. Reassignment,
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the code
is used solely for one End User Customer. Where one Party has activated an entire
NXX for a single End User Customer, or activated a substantial portion of an NXX for a
single End User Customer with the remaining telephone numbers in the NXX either
reserved for future use or otherwise unused, if such End User Customer chooses to
receive service from the other Party, the first Party shall cooperate with the second Party
to have the entire NXX reassigned to an End Office Switch operated by the second Party
through the NANP administrator. In addition, both Parties agree to cooperate in
arranging necessary updates and industry notification in the LERG (and associated
industry databases , routing tables, etc.). Such transfer will be accomplished with
appropriate coordination between the Parties and subject to appropriate industry lead-
times (as identified in the LERG and the Central Office Code Administration guidelines)
for movement of NXXs from one End Office Switch to another. Other applications of
NXX migration will be discussed by the Parties as circumstances arise.
10.12 In connection with all LNP requests , the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011), as may be updated from time to time
regarding unlocking and updating End User Customers' telephone number records in the
911/Automatic Location Information (All) database. The Current Service Provider shall
send the 911 unlock record on the completion date of the order to the 911 database
administrator.
10.13 Porting of Reserved Numbers. The End User Customers of each Party
may port Reserved Numbers from one Party to the other Party via LNP. Qwest will port
telephone numbers previously reserved by the End User Customer via the appropriate
retail Tariffs until these reservations expire. Qwest will reserve telephone numbers in
accordance with the FCC's rules.
10.14 Limits on Subscriber Relocation. Qwest and CLEC agree that an End
User Customer may geographically relocate at the same time as it ports its telephone
number, using LNP, to the New Service Provider; provided , however, that the Current
Service Provider may require that the End User Customer s relocation at the time of the
port to the New Service Provider be limited to the geographic area represented by the
NXX of the ported telephone number. The Current Service Provider may not impose a
relocation limitation on the New Service Provider or the New Service Provider
subscribers that is more restrictive than that which the Current Service Provider would
impose upon its own subscribers with telephone numbers having the same NXX as the
telephone number(s) being ported. In addition, the Current Service Provider may not
impose any restrictions on relocation within the same Rate Center by a ported End User
Customer while that End User Customer is served by the New Service Provider.
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10.3 Service Management System
10.Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
Party s Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC'
established protocols and that the application of such systems an9 equipment is
compatible with the NPAC.
10.Each Party shall cooperate to facilitate the administration of the SMS
through the process prescribed in the documents referenced in Section 21.
10.4 Database and Query Services
10.2.4.The LNP database provides the call routing information used by Qwest'
End Office Switches and Tandem Switches to route CLEC's End User Customer s calls
to a ported telephone number or to terminate calls to CLEC's End User Customers using
a ported telephone number. Qwest shall perform default LNP queries where CLEC is
unable to perform its own query. CLEC shall perform default LNP queries where Qwest
is unable to perform its own query. Qwest query services and charges are defined in
FCC Tariff #5 , including End Office and Tandem Switch Default Query Charges which
are contained in Tariff Section 13 (Miscellaneous Service) and Database Query Charges
which are contained in Tariff Section 20 (CCSAC Service Applications).
10.2.4.For local calls to a NXX in which at least one (1) telephone number has
been ported via LNP at the request of CLEC, the Party that owns the originating Switch
shall query an LNP database as soon as the call reaches the first LNP-capable Switch in
the call path. The Party that owns the originating Switch shall query on a local call to a
NXX in which at least one (1) telephone number has been ported via LNP prior to any
attempts to route the call to any other Switch. Prior to the first telephone number in a
NXX being ported via LNP at the request of CLEC , Qwestmay query all calls directed to
the NXX, subject to the Billing provisions as discussed in Section 10.2.4.1 and provided
that Qwest queries shall not adversely affect the quality of service to CLEC's End User
Customers as compared to the service Qwest provides its own End User Customers.
10.2.4.A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query prior to the first port
requested in a NXX.
10.2.4.4 On calls originating from a Party s network, the Party will populate, if
Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first six digits
of the originating LRN in the SS7 Initial Address Message.
10.2.4.Each Party shall cooperate in the process of porting telephone numbers
from one Carrier to another so as to limit service outage for the ported End User
Customer. Qwest shall update its LNP database from the NPAC SMS data within fifteen
(15) minutes of receipt of a download from the NPAC SMS.
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10.Ordering
10.Both Parties shall comply with ordering standards as developed by the
industry and as described in Section 12 of this Agreement. LNP service is ordered via a
Local Service Request and associated LNP forms. CLEC may order LNP either
manually or through an electronic interface. The electronic gateway solution for ordering
service is described in Section 12 of this Agreement.
10.Standard Due Date Intervals. Service intervals for LNP are described
below. These intervals include the time for Firm Order Confirmation (FOC). Orders
received after 7:00 p.m. (mountain time) are considered the next business day. The
following service intervals have been established for LNP:
Telephone Numbers
To Port Interval*
Simple (1 FR/1 FB)3 business days
(includes FOC
24 hr interval)
4 business days
(includes FOC
24 hr interval)
51 or more Project Basis
Complex (PBX
Trunks, ISDN
Centrex)
5 business days
(includes FOC
24 hr interval)
26 or more Project Basis
Intervals for LNP with Unbundled Loops shall be governed by Section 9.2.4.6 of the
Agreement.
10.Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically.
CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be
set automatically, although there may be some instances when Qwest or the Number
Portability Administration Center/Service Management System (NPAC/SMS) will provide
prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due
to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut
is outside Qwest's normal business hours for LNP , Qwest will have personnel available
in the repair center to assist in the event that CLEC experiences problems during thecut. In addition, Qwest allows CLEC to request a managed cut on a 24 X 7 basis
those situations where a cut would otherwise have been flow-through , but where CLEC
has a business need to have Qwest personnel dedicated to the cut. The terms and
conditions for managed cuts are described in 10.5.4.
10.Qwest will set the ten (10) digit unconditional trigger for
telephone numbers to be ported, unless technically infeasible, by 11 :59 p.
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(local time) on the business day preceding the scheduled port date. (A 10-digit
unconditional trigger cannot be set for DID services in AXE10 and DMS10 End
Office Switches thus managed cuts are required , at no charge.) The ten (10)
digit unconditional trigger and End Office Switch translations associated with the
End User Customer s telephone number will not be removed, nor will Qwest
disconnect the End User Customer s Billing and account information, until 11 :59
m. (local time) of the next business day after the Due Date. CLEC is required
to make timely notifications of Due Date changes or cancellations by 8:00 p.
(mountain time) on the Due Date through a supplemental LSR order. In the
event CLEC does not make a timely notification CLEC may submit a late
notification to Qwest as soon as possible but in no event later than 12:00 p.
(mountain time) the next business day after the Due Date to Qwest'
Interconnect Service Center in the manner set forth below. For a late notification
properly submitted, Qwest agrees to use its best efforts to ensure that the End
User Customer s service is not disconnected prior to 11 :59 p.m. of the next
business day following the new Due Date or, in the case of a cancellation, no
disruption of the End User Customer s existing service. Late notifications must
be made by calling Qwest'Interconnect Service Center followed by CLEC
submitting a confirming supplemental LSR order.
10.5.4 LNP Managed Cut With GLEe-Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7
basis.
10.5.4.The date and time for the managed cut requires up-front
planning and may. need to be coordinated between Qwest and CLEC. All
requests will be processed on a first come , first served basis and are subject to
Qwest's ability to meet a reasonable demand. Considerations such as system
downtime, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same FDT in the same End Office Switch (Switch
contention) must be reviewed. In the event that any of these situations would
occur, Qwest will coordinate with CLEC for an agreed upon FDT, prior to issuing
the Firm Order Confirmation (FOC). In special cases where a FDT must be
agreed upon , the interval to reach agreement will not exceed two (2) days.
addition, standard intervals will apply.
10.5.4.CLEC shall request a managed cut by submitting a Local
Service Request (LSR) and designating this order as a managed cut in the
remarks section of the LSR form.
10.5.4.CLEC will incur additional charges for the managed cut
dependent upon the FDT. The rates are based upon whether the request is
within Qwest's normal business hours or out of hours. Qwest's normal business
hours are 7:00 a.m. to 7:00 p., End User Customer local time, Monday through
Friday. The rate for managed cuts during normal business hours is the standard
rate. The rate for managed cuts out of hours, except for Sundays and Holidays
is the overtime rate. Sundays and Holidays are at premium rate.
10.5.4.4 Charges for managed cuts shall be based upon actual hours
worked in one-half (~) hour increments. Exhibit A of this Agreement contains the
rates for managed cuts. CLEC understands and agrees that in the event CLEC
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does not make payment for managed cuts, unless disputed as permitted under
Section 5.4 of this Agreement, Qwest shall not accept any new LSR requests for
managed cuts.
10.5.4.Qwest will schedule the appropriate number of employees prior
to the cut, normally not to exceed three (3) employees, based upon information
provided by CLEC. CLEC will also have appropriate personnel scheduled for the
negotiated FDT. If CLEC's information is modified during the cut, and, as a
result, non-scheduled employees are required , CLEC shall be charged a three
(3) hour minimum callout charge per each additional non-scheduled employee.
the cut is either cancelled , or supplemented to change the Due Date, within
twenty-four (24) hours of the negotiated FDT CLEC will be charged a one
person three (3) hour minimum charge. If the cut is cancelled due to a Qwest
error or a new Due Date is requested by Qwest within twenty-four (24) hours of
the negotiated FDT, Qwest may be charged by CLEC one person three (3) hour
minimum charge as set forth in Exhibit A.
10.5.4.In the event that the LNP managed cut conversion is not
successful , CLEC and Qwest agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the End User Customer. If the problem cannot be
corrected within an acceptable timeframe to CLEC or the End User Customer
CLEC may request the restoral of Qwest service for the ported End User
Customer. Such restoration shall begin immediately upon request. If CLEC is in
error then a supplemental order shall be provided to Qwest. If Qwest is in error
no supplemental order or additional order will be required of CLEC.
10.5.4.Qwest shall ensure that any LNP order activity requested in
conjunction with a managed cut shall be implemented in a manner that avoids
interrupting service to the End User Customer, including, without limitation
ensuring that the End User Customer s Qwest Loop will not be disconnected prior
to confirmation that CLEC's Loop has been successfully installed.
10.Maintenance and Repair
10.Each Party is responsible for its own End User Customers and will have
the responsibility for resolution of any service trouble report( s) from its End User
Customers. End User Customers will be instructed to report all cases of trouble to their
Current Service Provider.
10.Each Party will provide its respective End User Customers the correct
telephone numbers to call for access to its respective repair bureau. Each Party will
provide its repair contact telephone numbers to one another on a reciprocal basis.
10.Qwest will work cooperatively with CLEC to isolate and resolve trouble
reports. When the trouble condition has been isolated and found to be within a portion
of the Qwest network, Qwest will perform standard tests and isolate and repair the
trouble within twenty-four (24) hours of receipt of the report.
10.6.4 Qwest will proactively test new Switch features and service offerings to
ensure there are no problems with either the porting of telephone numbers or calls from
Qwest End User Customers to CLEC End User Customers with ported telephone
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numbers or vice versa.
10.Rate Elements
10.Qwest will comply with FCC and Commission rules on cost recovery for
Local Number Portability.
10.911/E911 Service
10.Description
10.911 and E911 provides an End User Customer access to the applicable
emergency service bureau, where available, by dialing a 3-digit universal telephone
number (911).
10.Automatic Location Identification/Data Management System (All/OMS).
The All/OMS database contains End User Customer information (including name
address, telephone number, and sometimes special information from the Current
Service Provider or End User Customer) used to determine to which Public Safety
Answering Point (PSAP) to route the call. The All/OMS database is used to provide
more routing flexibility for E911 calls than Basic 911.
10.Basic 911 directly connects to the PSAP all 911 calls from one or more
local exchange End Office Switches that serve a geographic area. E911 provides
additional Selective Routing flexibility for 911 calls. E911 uses End User Customer data
contained in the All/OMS , to determine to which Public Safety Answering Point (PSAP)
to route the call.
10.Terms and Conditions
10.Qwest will provide nondiscriminatory access to the same Basic 911 or
Enhanced 911 features, functions and services that Qwest provides to its End User
Customers. E911 functions provided to CLEC shall be at the same level of accuracy
and reliability as for such support and services that Qwest provides to its End User
Customers for such similar functionality.
10.In counties where Qwest has obligations under existing agreements as
the primary provider of the 911 system to the county, CLEC will participate in the
provision of the 911 System as described in Section 10.
10.
services.
Qwest shall conform to all state regulations concerning emergency
10.2.4 Qwest shall route E911 calls to the appropriate PSAP.
10.Each Party will be responsible for those portions of the 911 system for
which it has total control , including any necessary maintenance to each Party s portion of
the 911 system.
10.Qwest will provide CLEC with the identification of the Qwest 911
controlling office that serves each geographic area served by CLEC.
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10.Qwest will provide CLEC with the ten-digit telephone numbers of each
PSAP agency, for which Qwest provides the 911 function , to be used by CLEC to
acquire emergency telephone numbers for operators to handle emergency calls in those
instances where CLEC's End User Customer dials "0" instead of "911"It shall be the
responsibility of CLEC to verify or confirm the appropriate use of the contact information
provided by Qwest with each PSAP prior to offering 911 calls or publication of such data.
10.If a third party is the primary service provider to a county, CLEC will
negotiate separately with such third party with regard to the provision of 911 service to
the county. All relations between such third party and CLEC are separate from this
Agreement and Qwest makes no representations on behalf of the third party.
10.If CLEC is the primary service provider to the county, CLEC and Qwest
will negotiate the specific provisions necessary for providing 911 service to the county
and will include such provisions in an amendment to this Agreement.
10.10 CLEC will separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User Customer taxes for 911
service.
10.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliability Council Recommendations and meeting the
network standard of Qwest for the 911 call delivery.
10.12 The Parties shall provide a single point of contact to coordinate all
activities under this Agreement.
10.13 Neither Party will reimburse the other for any expenses' incurred in the
provision of E911 services. All costs incurred by the Parties for 911/E911 services shall
be billed to the appropriate PSAP.
10.14 Qwest's designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. CLEC shall have non-
discriminatory unbundled access to the E911 database , including the listings of other
LECs for purposes of providing 911 services related to the public health, safety and
welfare.
10.E911 Database Updates
10.CLEC exchanges to be included in Qwest's E911 Database will
indicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and will not require an amendment to this Agreement.
10.2 Qwest's designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. Qwest, or its designated
database provider, will provide to CLEC an initial copy of the most recent Master Street
Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge.
MSAGs provided outside the quarterly schedule will be provided and charged on an
Individual Case Basis. The data will be provided in computer readable format. Qwest
shall provide GLEe access to the Master Street Address Guide at a level of accuracy
and reliability that is equivalent to the access Qwest provides to itself.
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10.4 E911 Database Updates for Facilities-Based CLECs
10.3.4.Qwest will ensure that the 911 database entries for CLEC will be
maintained with the same accuracy and reliability that Qwest maintains for Qwest's own
End User Customers.
10.3.4.For Selective Routing table updates , facilities-based CLECs will negotiate
directly with Qwest's database provider for the input and validation of End User
Customer data into the Qwest Automatic Location Identification (All) database. CLEC
will negotiate directly with the PSAP (or PSAP agency s) OMS/All provider for input of
End User Customer data into the All database. In most cases the Selective Routing
table updates and the All database will be managed by the same provider. CLEC
assumes all responsibility for the accuracy of the data that CLEC provides for MSAG
preparation and E911 Database operation.
10.3.4.If it is facilities-based CLEC will provide End User Customer data to
Qwest's agent for the Qwest All database utilizing NENA-02-010 Recommended
Formats and Protocols For All Data Exchange standards. Qwest will furnish CLEC any
variations to NENA recommendations required for All database input.
10.3.4.4 If it is facilities-based CLEC will provide End User Customer data to
Qwest's database provider for Qwest's All database that is MSAG valid and meets all
components of the NENA-02-011 Recommended Data Standards for Local Exchange
Carriers, All Service Providers and 9-1 Jurisdictions standard format, as specified by Qwest.
10.3.4.If it is facilities-based, CLEC will update its End User Customer records
provided to Qwest's database provider for Qwest's All database to agree with the 911
MSAG standards for its service areas.
10.3.4.6 Qwest's E911 database administrator, an independent third party, shall
resolve failed Local Number Portability migrate records in accordance with the NENA
standard, NENA-02-011 Sections 22B., for Qwest records where Qwest is the donor
company as defined in the NENA standard. The Qwest E911 database administrator
will compare CLEC's (i.e., recipient company as defined in the NENA standard) failed
migrate records to the Regional Number Portability Administration Center s (NPAC)
database once each business day to determine if the migrate record (i.e., ported
telephone number) has been activated by the recipient company. If the migrate record
has been activated by CLEC in the NPAC, the record shall be unlocked and the migrate
record processed. If, at the end of ten (10) business days , the NPAC database does not
show the migrate record as activated or the record owner identification does not match
the migrate record will be rejected. The E911 database administrator will send reports
regarding CLEC'failed migrate records (i.e., 755 error code) and rejected migrate
records (i.e., 760 error code) to CLEC or CLEC's designated database administrator.
Qwest's E911 database administrator will also resolve failed migrate records for CLEC, if
valid based on the NPAC database.
10.5 E911 Database Updates for Resale Based CLECs
10.For resold services, Qwest, or its designated database provider, will
provide updates to the All database in a manner that is at the same level of accuracy
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and reliability as such updates are provided for Qwest's End User Customers. For
resold accounts, CLEC shall provide Qwest with accurate End User Customer location
information to be updated to the All/OMS database. Qwest shall use its current process
to update and maintain End User Customer information in the All/OMS database.
10.E911 Database Accuracy
10.E911 Database accuracy shall be measured jointly by the PSAPs and
Qwest's database provider in a format supplied by Qwest. The reports shall be
forwarded to CLEC by Qwest's database provider when relevant and will indicate
incidents when incorrect or no All data is displayed. The reports provided to CLEC shall
contain GLEe-specific information regarding CLEC's accounts.
10.Each discrepancy report will be jointly researched by Qwest and CLEC.
Corrective action will be taken immediately by the responsible Party.
10.Each Party providing updates to the E911 database will be responsible
for the accuracy of its End User Customer records. Each Party providing updates
specifically agrees to indemnify and hold harmless the other Party from any claims
damages, or suits related to the accuracy of End User Customer data provided for
inclusion in the E911 Database.
10.6.4 Qwest and its vendor will provide . non-discriminatory error correction for
records submitted to the Automatic Location Identification (All) database. For resold
accounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to
correct the error, vendor will contact Qwest for error resolution. For errors referred to
Qwest, Qwest will provide the corrections in a non-discriminatory manner. If Qwest is
unable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the
case of facilities-based CLECs, the vendor will interface directly with CLEC to resolve
record errors.
10.E911 Interconnection
10.If required by CLEC, Qwest shall interconnect direct trunks from CLEC'
network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be
provided by CLEC. If provided by Qwest, such trunks will be provided on a non-
discriminatory basis. Qwest shall provide special protection identification for CLEC 911
circuits in the same manner as Qwest provides for its 911 circuits.
10.The Parties shall establish a minimum of two (2) dedicated trunks
from CLEC's Central Office to each Qwest 911/E911 Selective Router (i.e., 911
Tandem Office) that serves the areas in which CLEC provides Exchange
Service , for the provision of 911/E911 services and for access to all subtending
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
911/E911 circuits, if facilities are available. When Qwest facilities are available
Qwest will comply with diversity of facilities and systems as ordered by CLEC.
Where there is alternate routing of 911/E911 calls to a PSAP in the event of
failures, Qwest shall make that alternate routing available to CLEC.
10.911 Interconnection Trunk Groups must be, at a minimum, DSO
level trunks configured as a 2-wire analog interface or as part of a digital (1.544
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Mbps) interface. Either configuration must use Centralized Automatic Message
Accounting (CAMA). type signaling with MF tones that will deliver Automatic
Number Identification (ANI) with the voice portion of the call, or Signaling System
7 (SS7) if available (i.e., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTY/TDDs).
10.Qwest shall begin restoration of 911/E911 trunking facilities
immediately upon notification of failure or outage. Qwest must provide priority
restoration of trunks or network outages on the same terms and conditions it
provides itself. CLEC will be responsible for the isolation, coordination, and
restoration of all 911 network maintenance problems to CLEC's demarcation.
Qwest will be responsible for the coordination and restoration of all 911 network
maintenance problems beyond the demarcation. Qwest repair service includes
testing and diagnostic service from a remote location , dispatch of or in-person
visit(s) of personnel. Where an on-site technician is determined to be required, a
technician will be dispatched without delay. CLEC is responsible for advising
Qwest of the circuit identification when notifying Qwest of a failure or outage.
The Parties agree to work cooperatively and expeditiously to resolve any 911
outage. Qwest will refer network trouble to CLEC if no defect is found in Qwest'
network. The Parties agree that 911 network problem resolution will be managed
in an expeditious manner at all times.
10.For GLEe-identified 911 trunk blockages, Qwest agrees to take corrective
action using the same trunking service procedures used for Qwest's own E911 trunk
groups.
10.The Parties will cooperate in the routing of 911 traffic in those instances
where the All/ANI information is not available on a particular 911 call.
10.7.4 For facilities-based CLEC using its own switch(es), Qwest shall provide
911 Interconnection , including the provision of dedicated trunks from CLEC End Office
Switch to the 911 control office, at Parity with what Qwest provides itself.
10.For CLEC's resale local exchange lines, Qwest shall provide access to
the same 911 trunks used for Qwest's retail End User Customers which extend from the
Qwest End Office Switch to the Basic 911 PSAP or the E911 Tandem Switch. CLEC
access to such 911 trunks shall be on a shared , non-discriminatory basis.
10.E911 and Number Portability
10.When a Qwest telephone number is ported out, receiving CLEC shall be
responsible to update the All/OMS database. When a CLEC telephone number is
ported in, Qwest shall be responsible to update the All/OMS database.
10.When Remote Call Forwarding (RCF) is used to provide number
portability to the End User and a remark or other appropriate field information is
available in the database , the shadow or "forwarded-" number and an indication that
the number is ported shall be added to the End User record by CLEC.
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10.9 Public Switch/Automatic Location Identification (PS/ALI) Service
10.PS/ALI Description
10.Private Switch/Automatic Location Identification (PS/ALI)
Service provides End User Customers using a private telephone Switch, such as
Private Branch Exchanges (PBXs) and some Centrex/Centron, with the Selective
Routing and/or Automatic Location Identification (SR/ALI) feature(s) of E911 for
individual telephone stations served by the PBX or Centrex/Centron. The PS/ALI
capability allows for the storage and retrieval of Automatic Location Identification
and/or the Selective Routing of that call to the appropriate Public Safety
Answering Point (PSAP).
10.2 CLEC's PS/ALI End User Customer systems are viewed as a
Serving Wire Center within the E911 network. The Automatic Number
Identification (ANI) generated by the PBX/Centrex/Centron will be read
processed , and utilized as if it were a typical End Office Switch. The E911
will route the E911 PS/ALI call to the appropriate PSAP based on the ANI
received , or the default Emergency Service Number (ESN). Upon receipt of the
information , the PSAP forwards the ANI information to the All database over an
existing data network, where it is then used to retrieve the stored station name,
address and location information. The PSAP monitor then displays the station
address and location information for handling by the emergency response
personnel.
10.The PS/ALI capability consists of the All database updates and
transport of PS/ALI calls to an E911 SR or to the appropriate PSAP.
10.PS/ALI Terms and Conditions
10.PS/ALI service is only available in areas where E911 is currently
supported. PS/ALI is not available with Basic 911 service.
10.CLEC or CLEC's PS/ALI End User Customer is responsible forestablishing and maintaining the E911 database records for the
PBX/Centrex/Centron. CLEC or CLEC's PS/ALI End User Customer shall
provide the PBX/Centrex/Centron All information to Qwest's designated E911
database provider. PS/ALI information includes the name, address and location
information for each station behind the PBX/Centrex/Centron. Qwest does not
guarantee or confirm the accuracy of End User Customer provided information.
10.When the station user dials 911 , the PBX/Centrex/Centron must
be able to recognize the digits as a complete dialing code. (In some systems, it
may be necessary to dial a single digit network access code before dialing 911
i.e., dial "9" to make a call outside of the private Switch prior to dialing 911). The
PBX/Centrex/Centron must provide a full seven (7) digit numbering system and
the associated ANI for every station within the private Switch. If the seven (7)
digit telephone number is not dialable, CLEC's PS/ALI End User Customer
responsible to identify the associated call back telephone number to
populated in the database. PS/ALI Service is not available with Digital Switched
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Service (DSS). PS/ALI is available over Primary Rate Interface (PRI) trunks.
CLEC's PS/ALI End User Customer uses Integrated Service Digital Network
Primary Rate Interface (ISDN-PRI) to provide PS/ALI , special Centralized
Automatic Accounting (CAMA) trunks are not required.
10.2.4 For PS/ALI resold service, CLEC shall meet the terms and
conditions for Qwest's PS/ALI retail product.
10.PS/ALI Database Updates
10.1 Qwest's designated E911 database provider, an independent
third party, will be responsible for maintaining the PS/ALI E911 database.
Qwest's E911 database provider will provide CLEC's PS/ALI End User Customer
with the specific PC based PS/ALI software requirements to access and update
the All database with their station name, address and location information.
10.2 CLEC's PS/ALI End User Customer will provide the input and
validation of station data directly into the All database. CLEC's PS/ALI End User
Customer will provide station data to Qwest's All database provider that is
Master Street Address Guide (MSAG) valid and ~tilizes National Emergency
Number Association (NENA) guidelines. PS/ALI follows the NENA-02-010
Recommended Formats and Protocols For All Data Exchange, NENA-02-011
Recommended Data Standards for Local Exchange Carriers (LEC), All Service
Providers and 911 Jurisdictions. Qwest will furnish CLEC with any variations to
NENA recommendations required for PS/ALI database input.
10.PSI All Database Accuracy
10.9.4.PS/ALI database accuracy shall be measured jointly by the
PSAPs and Qwest's database provider. The reports shall be forwarded to CLEC
or CLEC's PS/ALI End User Customer by Qwest's database provider when
relevant and will indicate incidents when incorrect or no All data is displayed.
The responsible Party will take corrective action immediately.
10.9.4.Each Party providing PS/ALI updates to the E911 database will
be responsible for the accuracy of its records.
10.PS/ALllnterconnection
10.1 Facilities-based CLEC using its own switch(es) shan
interconnect direct trunks from CLEC's network to the PSAP or the E911 tandem
(Selective Router), in accordance with the terms and conditions identified in
E911 Interconnection If technically capable CLEC may route PS/ALI calls
over CLEC's existing E911 Interconnection trunks. In some instances technical
requirements may necessitate provisioning dedicated PS/ALI CAMA trunks
between either CLEC's Switch and the E911 Selective Router or PSAP or
between CLEC's PS/ALI End User Customer PBX/Centrex/Centron and the E911
Selective Router or PSAP. In these instances the dedicated PS/ALI ES CAMA
trunks must comply with the terms and conditions of standard E911
ntercon nection.
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10.For reseller CLEC , CLEC'PS/ALI End User Customer
required to install a minimum of two (2) trunks for each main location listed where
the PBX/Centrex/Centron resides on an End User Customer s premises to the
911 system. The dedicated PS/ALI ES CAMA trunks will comply with the terms
and conditions of standard E911 Interconnection. PS/ALI service is available in
some Qwest End Office Switches over PRI trunks. If CLEC's PS/ALI End User
Customer uses ISDN PRI to provide PS/ALI ,. special CAMA trunks are not
required. Dedicated circuits are not required for Centron service.
10.PS/ALI Rate Elements
10.Rates and charges for PS/ALI service will be assessed based
on CLEC's specific requirements. Both nonrecurring and monthly recurring rates
may be applicable as shown in Exhibit A. Rate elements for PS/ALI include
charges for establishing the service account with the E911 database provider
trunks, transport, Selective Routing, and All service features, storage and
retrieval.
10.PS/ALI Ordering
10.
Ordering
Facilities-based CLEC Using its Own Switch(es) - PS/ALI
10.Once all critical information has been obtained and
agreed upon in the PS/ALI joint planning meeting, CLEC'PS/ALI
Interconnection arrangement will determine the ordering process to be
followed. If CLEC is planning on routing PS/ALI traffic over an existing
E911 ES trunk group, and capacity exists to handle the additional PS/ALI
traffic, CLEC will not be required to issue any changes to the existing
E911 Interconnection arrangement. If CLEC determines that a new
dedicated PS/ALI ES trunk group is required to route PS/ALI traffic from
CLEC Switch to the Qwest SR, CLEC will follow the process outlined in
the PCAT E911 ordering section.
10.All service features may be ordered from Qwest or
directly from the third party database provider. If ordering from Qwest
CLEC will use the ASR process. If ordering directly from the third party
provider, CLEC will need to establish service with the third party provider
for the PS/ALI update, storage and retrieval capability.
10.Resale - PS/ALI Ordering
10.Orders for Resold PS/ALI are submitted using the
Local Service Ordering Guidelines (LSOG) and should be placed via the
Interconnect Mediated Access Graphical User Interface (IMA GUI) or
Interconnect Mediated Access Electronic Data Interexchange (IMA EDI).
10.PS/ALI Billing
10.Upon completion of implementation of the PS/ALI service
Qwest will initiate PS/ALI nonrecurring and recurring Billing.
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10.White Pages Directory Listings
10.Description
White Pages Listings Service (Listings) consists of Qwest placing the names, addresses and
telephone numbers of CLEC's End User Customers in Qwest's Listings database, based on End
User Customer information provided to Qwest by CLEC. Qwest is authorized to use CLEC End
User Customer Listings as noted below.
10.Terms and Conditions
10.4.CLEC will provide in standard format, by mechanized or by manual
transmission to Qwest, its primary, premium and privacy Listings. Qwest will accept one
(1) primary Listing for each main telephone number belonging to CLEC's End User
Customers at no charge.
10.4.CLEC will be charged for premium Listings (e., additional , foreign
cross-reference) and privacy Listings (i.e., nonlisted and nonpublished) at Qwest'
General Exchange Listing Tariff -rates, less the wholesale discount, as described in
Exhibit A. Primary Listings and other types of Listings are defined in the Qwest General
Exchange Tariffs.
10.4.Information on submitting and updating Listings is available in "Facility
Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User
Document." Qwest will furnish CLEC the Listings format specifications. Directory
publishing schedules and deadlines for Qwest'official directory publisher will be
provided to CLEC.
10.4.2.4 If CLEC provides its End User Customer Listings to Qwest CLEC
grants Qwest access to CLEC's End User Customer Listings information for use in its
Directory Assistance Service , and for other lawful purposes, except that CLEC's Listings
supplied to Qwest by CLEC and marked as nonpublished or non listed Listings shall not
be used for marketing purposes subject to the terms and conditions of this Agreement.
Qwest will incorporate CLEC End User Customer Listings in the Directory Assistance
Database. Qwest will incorporate CLEC's End User Customer Listings information in all
existing and future Directory Assistance applications developed by Qwest. Should
Qwest cease to be a Telecommunications Carrier, by virtue of a divestiture, merger or
other transaction , this access grant automatically terminates.
10.4.CLEC End User Customer Listings will be treated tile same as Qwest'
End User Customer Listings. Prior written authorization from CLEC, which authorization
may be withheld , shall be required for Qwest to sell, make available, or release CLEC'
End User Customer Listings to directory publishers, or other third parties other than
Directory Assistance providers. No prior authorization from CLEC shall be required for
Qwest to sell make available, or release CLEC's End User Customer Directory
Assistance Listings to Directory Assistance providers. Listings shall not be provided or
sold in such a manner as to segregate End User Customers by Carrier. Qwest will not
charge CLEC for updating and maintaining Qwest's Listings databases. CLEC will not
receive compensation from Qwest for any sale of Listings by Qwest as provided for
under this Agreement.
10.4.To the extent that state Tariffs limit Qwest's liability with regard to Listings,
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the applicable state Tariff(s) is incorporated herein and supersedes the Limitation of
Liability section of this Agreement with respect to Listings only.
10.4.Qwest is responsible for maintaining Listings including entering,
changing, correcting, rearranging and removing Listings in accordance with CLEC
orders.
10.4.Qwest provides non-discriminatory appearance and integration of white
pages Listings for all CLEC's and Qwest's End User Customers. All requests for white
pages Directory Listings, whether CLEC or Qwest End User Customers, follow the same
processes for entry into the Listings database.
10.4.Qwest will take reasonable steps in accordance with industry practices to
accommodate nonpublished and nonlisted Listings provided that CLEC has supplied
Qwest the necessary privacy indicators on such Listings.
10.4.10 CLEC white pages Listings will be in the same font and size as Listings
for Qwest End User Customers, and will not be separately classified.
10.4.11 Qwest processes for publication of white pages Directory Listings will
make no distinction between CLEC and Qwest subscribers. CLEC Listings will be
provided with the same accuracy and reliability as Qwest's End User Customer Listings.
Qwest will ensure CLEC Listings provided to Qwest are included in the white pages
directory published on Qwest's behalf using the same methods and procedures, and
under the same terms and conditions, as Qwest uses for its own End User CustomerListings.
10.4.12 Qwest shall ensure its third party publisher distributes appropriate
alphabetical and classified directories (white and yellow pages) and recycling services to
CLEC End User Customers at Parity with Qwest End User Customers, including
providing directories a) upon establishment of new service; b) during annual mass
distribution; and c) upon End User Customer request.
10.4.13 CLEC shall use commercially reasonable efforts to ensure that Listings
provided to Qwest are accurate and complete. All third party Listings information
provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all
Listings information provided to Qwest, including End User Customer requested
restrictions on use, such as nonpublished and nonlisted restrictions.
1 0.4~Intentionally Left Blank.
10.4.15 CLEC shall be solely responsible for knowing and adhering to state lawsor rulings regarding Listings and for supplying Qwest with the applicable Listing
information.
10.4.16 CLEC agrees to provide to Qwest its End User Customer names
addresses and telephone numbers in a standard mechanized or manual format, as
specified by Qwest.
10.4.17 CLEC will supply its ACNA/CIC or CLCC/OCN , as appropriate, with each
order to provide Qwest the means of identifying Listings ownership.
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10.4.18 Prior to placing Listings orders on behalf of End User Customers, CLEC
shall be responsible for obtaining, and have in its possession, Proof of Authorization
(POA), as set forth in Section 5.3 of this Agreement.
10.4.19 Qwest will provide monthly Listing verification proofs that provide the datato be displayed in the published white pages directory and available on Directory
Assistance. Verification proofs containing nonpublished and nonlisted Listings are also
available upon request on the same monthly schedule.
10.4.20 Qwest will provide CLEC a reasonable opportunity to verify the accuracy
of the Listings to be included in the white pages directory and Directory Assistance.
10.4.21 CLEC may review and if necessary edit the white page Listings prior to
the close date for publication in the directory.
10.4.22 CLEC is responsible for all dealings with, and on behalf of, CLEC's End
User Customers , including:
10.4.22.All End User Customer account activity (e., End User
Customer queries and complaints);
10.4.22.All account maintenance activity (e., additions, changes
issuance of orders for Listings to Qwest);
10.4.22.Determining privacy requirements and accurately coding the
privacy indicators for CLEC's End User Customer information (if End User
Customer information provided by CLEC to Qwest does not contain a privacy
indicator, no privacy restrictions will apply); and
10.4.22.4
Customers.
Any additional services requested by CLEC'End User
10.4.23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the
Telecommunications Act Qwest will provide subscriber list information gathered in
Qwest's capacity as a provider of local Exchange Service on a timely basis, under non-
discriminatory and reasonable rates, terms and conditions to CLEC upon request for the
purpose of publishing directories in any format. Rates may be subject to federal or state
law or rules, as appropriate. Upon request by CLEC , Qwest shall enter into negotiations
with CLEC for CLEC's use of subscriber list information for purposes other than
publishing directories, and Qwest and CLEC will enter into a written contract if
agreement is reached for such use.
10.4.23.Qwest shall use commercially reasonable efforts to ensure that
its retail End User Customer Listings provided to CLEC are accurate and
complete. Any third party Listings are provided AS IS , WITH ALL FAULTS.
Qwest further represents that it shall review all its retail End User Customer
Listings information provided to CLEC including End User Customer requested
restrictions on use, such as nonpublished and nonlisted restrictions.
10.4.24 Qwest represents and warrants that any arrangement for the publication
of white pages Directory Listings with an Affiliate or contractor, requires such Affiliate or
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contractor-to publish the Directory Listings of CLEC contained in Qwest'Listings
database so that CLEC's Directory Listings are non-discriminatory in appearance and
integration , and have the same accuracy and reliability that such Affiliate or contractor
provides to Qwest's End User Customers.
10.4.25 Qwest further agrees that any arrangements for the publication of white
pages Directory Listings with an Affiliate or contractor shall require such Affiliate or
contractor to include in the customer guide pages of the white pages directory, a notice
that End User Customers should contact their Current Service Provider to request any
modifications to their existing Listing or to request a new Listing.
10.4.26 Qwest agrees that any arrangement with an Affiliate or contractor for the
publication of white pages Directory Listings shall require such Affiliate or contractor to
provide CLEC space in the Customer guide pages of the white pages directory for the
purpose of notifying End User Customers how to reach CLEC to: (1) request service; (2)
contact repair service; (3) dial Directory Assistance; (4) reach an account representative;
(5) request buried cable locate service; and (6) contact the special needs center for End
User Customers with disabilities.
10.3 Rate Elements
The following rate elements apply to White Pages Listings and are contained in Exhibit A of this
Agreement.
10.4.Primary Listings; and
10.4.Premium/Privacy Listings.
10.4 Ordering Process
10.4.4.Qwest provides training on white page Listings requests and submission
processes. The ordering process is similar to the service ordering process.
10.4.4.CLEC Listings can be submitted for inclusion in Qwest white pages
directories according to the directions in the Qwest Listings User Documents for Facility-
Based and Reseller CLECs, which is available on-line through the PCA
(http://www.qwest.com/whoiesale/pcat/) or will be provided in hard copy to CLEC upon
request. Initial information and directions are available in the PCA
10.4.4.CLEC can submit the OBF forms incorporated in the Local Service
Request via the IMA-EDI , IMA-GUI , or fax.
10.Directory Assistance
10.1 Description
10.Directory Assistance Service is a telephone number, voice InformationService that Qwest provides to its own End User Customers and to other
Telecommunications Carriers. Qwest provides CLEC non-discriminatory access to
Qwest's Directory Assistance centers, services and Directory Assistance Databases.
There are three (3) forms of Directory Assistance Services available pursuant to this
Agreement -- Directory Assistance Service, Directory Assistance List Services, and
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Directory Assistance Database Service. These services are available with CLEC-
specific branding, generic branding and Directory Assistance Call Completion Link
options. Qwest will provide CLEC with non-discriminatory access to its Directory
Assistance Service. Directory Assistance Service is provided to CLEC for resale with
resold local exchange lines at the wholesale discount as described in Exhibit A.
Directory Assistance Service is provided to CLEC as a facilities-based provider pursuant
to Section 251 (b)(3) of the Act.. As such , the pricing requirements of Section 252(d)(1) of
the Act are not applicable. Directory Assistance Service shall be provided to CLEC as a
facilities-based provider at the rates described in Exhibit A.
10.Directory Assistance Service. The published and non-listed
telephone numbers provided within the relevant geographic area are those
contained in Qwest's then current Directory Assistance Database.
10.Local Directory Assistance Service -- Allows CLEC'
End User Customers to receive published and non-listed telephone
numbers within the caller s NPA/LATA geographic areas, whichever is
greater.
10.National Directory Assistance Service -- Allows
CLEC's End User Customers to receive Listings from Qwest's Local
Directory Assistance Database and from the database of the National
Directory Assistance Services vendor selected by Qwest. National
Directory Assistance Service includes Local Directory Assistance Service.
10.Call Branding Service - Allows CLEC's End User
Customers to receive the service options listed in 10.1 and
10.2 branded with the brand of CLEC, where Technically Feasible
or with a generic brand. Call Branding announces CLEC's name
CLEC's End User Customer at the start and completion of the call. Call
Branding is an optional service available to CLEC.a) Front End Brand - Announces CLEC's name to CLEC'
End User Customer at the start of the call. There is a
nonrecurring charge to setup and record the Front End Brand
message.
b) Back End Brand - Announces CLEC's name to CLEC'
End User Customer at the completion of the call. There is a
nonrecurring charge to setup and record the Back End Brand
message.c) There is a nonrecurring charge to load CLEC's branded
message in each Switch.
Qwest will record CLEC's branded message.
10.1.4 Call Completion Link allows CLEC's End User
Customers' calls to be returned to CLEC for completion on CLEC'
network, where available. There is a recurring charge per call.
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10.Directory Assistance List Service -- Directory Assistance List
Service is the access to Qwest's Directory Listings for subscribers within Qwest'
fourteen (14) states for the purpose of providing Directory Assistance Service to
its local exchange End User Customers subject to the terms and conditions of
this Agreement. See Section 10.6 for terms and conditions relating to the
Directory Assistance List Services.
10.If CLEC elects to build its own Directory Assistance
Service, it can obtain Qwest Directory Listings through the purchase of
the Directory Assistance List.
10.Directory Assistance Database Service -- Qwest shall provide
CLEC non-discriminatory access to Qwest's Directory Assistance Database or
Directory1" database, where Technically Feasible, on a "per dip" basis.
1 0.Terms and Conditions
1 0.Qwest will provide CLEC non-discriminatory access to Qwest's Directory
Assistance Databases, Directory Assistance centers and personnel to provide Directory
Assistance Service.
10.2 Qwest'Directory Assistance Database contains only those published
and non-listed telephone number Listings obtained by Qwest from its own End User
Customers and other Telecommunications Carriers.
10.Qwest will provide access to Directory Assistance Service for facilities-
based CLEC using its own switch(es) via dedicated multi-frequency (MF) operator
service trunks. CLEC may purchase operator service trunks from Qwest or provide
them itself. These operator service trunks will be connected directly to a Qwest
Directory Assistance host or remote Switch. CLEC will be required to order or provide at
least one (1) operator services trunk for each NPA served.
10.2.4 Qwest will perform Directory Assistance Services for CLEC in accordance
with operating methods, practices, and standards in effect for all Qwest End User
Customers. Qwest will provide the same priority of handling for CLEC's End User
Customer calls to Qwest's Directory Assistance Service as it provides for its own End
User Customer calls. Calls to Qwest's Directory Assistance are handled on a first come
first served basis , without regard to whether calls are originated by CLEC or Qwest End
User Customers.
10.Call Branding for Directory Assistance will entail recording and setting up
a brand message. Dedicated interoffice facilities are required.
10.Call Completion Link requires dedicated interoffice facilities.
10.. If CLEC elects to access the Qwest Directory Assistance Databases on a
per dip basis Qwest will provide to CLEC the facility and equipment specifications
necessary to enable CLEC to obtain compatible facilities and equipment.
10.Reseller CLEC's End User Customers may use the same dialing pattern
to access Directory Assistance Service as used by Qwest's End User Customers (i.e.
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411 1+411 , or 1+NPA+555-1212).
10.9 Facilities-based CLEC using its own switch(es) may choose to have its
End User Customers dial a unique number or use the same dialing pattern as Qwest
End User Customers to access Qwest Directory Assistance operators.
10.10 Qwest will timely enter into its Directory Assistance Database updates of
CLEC's Listings. Qwest will implement quality assurance procedures such as random
testing for Listing accuracy. Qwest will identify itself to End User Customers calling its
Directory Assistance Service provided for itself either by company name or operating
company name or operating company number so that End User Customers have a
means to identify with whom they are dealing.
10.10.In accordance with Section 18, CLEC may request a
comprehensive audit of Qwest's use of CLEC's Directory Assistance Listings. In
addition to the terms specified in Section 18, the following also apply: as used
herein
, "
Audit" shall mean a comprehensive review of the other Party s delivery
and use of the Directory Assistance Listings provided hereunder and such other
Party s performance of its obligations under this Agreement. CLECmay perform
up to two (2) audits per twelve (12) month period commencing with the Effective
Date of this Agreement of Qwest's use of CLEC's Directory Assistance Listings in
Qwest'Directory Assistance Service. CLEC shall be entitled to "seed" or
specially code some or all of the Directory Assistance Listings that it provides
hereunder in order to trace such information during an Audit and ensure
compliance with the disclosure and use restrictions set forth in this Agreement.
10.11 Qwest shall use CLEC's Directory Assistance Listings supplied to Qwest
by CLEC under the terms of this Agreement for purposes of providing Directory
Assistance Service and for providing Directory Assistance List Information to Directory
Assistance providers, and for other lawful purposes, except that CLEC'Directory
Assistance Listings supplied to Qwest by CLEC and marked as non published or
nonlisted Listings shall not be used for marketing purposes.
10.3 Rate Elements
The following rate elements apply to Directory Assistance Service and are contained in Exhibit
A of this Agreement.
10.A per call rate is applicable for Local Directory Assistance and National
Directory Assistance Service selected by CLEC.
10.A nonrecurring setup and recording fee will be charged for establishing
each Call Branding option. A nonrecurring charge to load CLEC's brand in each Switch
is also applicable. Such nonrecurring fees must be paid before service commences.
10.A per call rate is applicable for Call Completion Link.
10.5.4 Ordering Process
CLEC will order Directory Assistance Service by completing the questionnaire entitled "Qwest
Operator Services/Directory Assistance Questionnaire for Local Service Providers.This
questionnaire may be obtained from CLEC's Qwest account manager.
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10.Billing
10.Qwest will track and bill CLEC for the number of calls placed to Qwest'
Directory Assistance Service by CLEC's End User Customers as well as for the number
of requests for Call Completion Link.
10.For purposes of determining when CLEC is obligated to pay the per call
rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is
received by the operator services Switch. An End User Customer may request and
receive no more than two (2) telephone numbers per Directory Assistance call. Qwest
will not credit, rebate or waive the per call charge due to any failure to provide a
telephone number.
10.Call Completion Link will be charged at the per call rate when the End
User Customer completes the required action (i.e.
, "
press the number one
" "
stay on the
line " etc.
10.Directory Assistance List
10.Description
10.Directory Assistance List (DA List) information consists of name , address
and telephone number information for all End User Customers of Qwest and other LECs
that are contained in Qwest'Directory Assistance Database and, where available
related elements required in the provision of Directory Assistance Service to CLEC's End
User Customers. No prior authorization from CLEC shall be required for Qwest to sell
make available, or release CLEC's End User Customer Directory Assistance Listings to
Directory Assistance providers. In the case of End User Customers who have non-
published Listings, Qwest shall provide the End User Customer s local Numbering Plan
Area (NPA), address, and an indicator to identify the non-published status of the Listing
to CLEC; however, Qwest will not provide the non-published telephone number.
Directory Assistance List service is provided pursuant to Section 251 (b )(3) of the Act.
As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable.
Directory Assistance List service shall be provided to CLEC at market-based rates as
described in Exhibit A.
10.Qwest will provide DA List information via initial loads and daily updates
by means of Network Data Mover (NOM) or as otherwise mutually agreed upon by the
Parties. Qwest will provide all changes, additions or deletions to the DA List information
overnight on a daily basis. The Parties will use a mutually agreed upon format for the
data loads.
10.DA List information shall specify whether the Qwest End User Customer
is a residential, business, or government subscriber, and the Listings of other Carriers
will specify such information where it has been provided on the Carrier s Listing order.
10.1.4 In the event CLEC requires a reload of DA List information from Qwest'
database in order to validate, synchronize or reconcile its database, a reload will be
made available according to the rate specified in Exhibit A.
10.Qwest and CLEC will cooperate in the designation of a location to which
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the data will be provided.
10.2 Terms and Conditions
10.Qwest grants to CLEC , as a competing provider of telephone Exchange
Service and telephone toll service, access to the Directory Assistance List information
Option 1) solely for the purpose of providing Directory Assistance Services, or Option 2)
for purposes of providing Directory Assistance Services and for other lawful purposes
except that Listings included in Qwest'Directory Assistance List information and
marked as non-published or non-listed Listings, or Listings marked with an "omit from
lists" indicator shall not be used for marketing purposes, subject to the terms and
conditions of this Agreement. CLEC will advise Qwest when it orders Qwest's Directory
Assistance List information whether it chooses Option 1 or 2. As it pertains to the use of
Directory Assistance List information in this Agreement
, "
Directory Assistance Service
shall mean the provision , by CLEC via a live operator or a mechanized system , of
telephone number and address information for an identified telephone service End User
Customer or the name and/or address of the telephone service End User Customer for
an identified telephone number. Should CLEC cease to be a Telecommunications
Carrier, a competing provider of telephone Exchange Service or telephone toll service
this access grant automatically terminates.
10.Qwest shall make commercially reasonable efforts to ensure
that Listings belonging to Qwest retail End User Customers provided to CLEC in
Qwest's DA List information are accurate and complete. All third party DA List
information is provided AS IS, WITH ALL FAULTS. Qwest further represents that
it shall review all of its End User Customer Listings information provided to
CLEC, including End User Customer requested restrictions on use , such as non-
published and non-listed restrictions.
10.CLEC will obtain and timely enter into its Directory Assistance Database
daily updates of the DA List information, will implement quality assurance procedures
such as random testing for Directory Assistance Listing accuracy, and will identify itself
to End User Customers calling its DA Service either by company name or operating
company number so that End User Customers have a means to identify with whom they
are dealing.
10.Intentionally Left Blank.
10.2.4 Qwest shall retain all right, title, interest and ownership in and to the DA
Listing information it provides hereunder. CLEC acknowledges and understands that
while it may disclose the names, addresses, and telephone numbers (or an indication of
non-published status) of Qwest's End User Customers to a third party calling its
Directory Assistance for such information, the fact that such End User Customer
subscribes to Qwest's Telecommunications Services is Confidential and Proprietary
Information and shall not be disclosed to any third party.
10.CLEC shall not sublicense, copy or allow any third party to access
download, copy or use the DA List information , or any portions thereof, or any
information extracted therefrom. Each Party shall take commercially reasonable and
prudent measures to prevent disclosure and unauthorized use of Qwest's DA List
information at least equal to the measures it takes to protect its own Confidential and
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Proprietary InformationJ including but not limited to implementing adequate computer
security measures to prevent unauthorized access to Qwest's DA List information when
contained in any database.
10.Unauthorized use of Qwest's DA List information , or any
disclosure to a third party of the fact that an End User Customer, whose Listing is
. furnished in the DA List, subscribes to Qwest', another Local Exchange
Carrier , Reseller or CMRS'Telecommunications Services shall be
considered a material breach of this Agreement and shall be resolved under the
Dispute Resolution provisions of this Agreement.
10.Within five (5) Days after the expiration or earlier termination of this
Agreement, CLEC shall (a) return and cease using any and all DA List information which
it has in its possession or control, (b) extract and expunge any and all copies of such DA
List information, any portions thereof, and any and all information extracted therefrom
from its files and records, whether in print or electronic form or in any other media
whatsoever, and (c) provide a written certification to Qwest from an officer that all of the
foregoing actions have been completed. A copy of this certification may be provided to
third party Carriers if the certification pertains to such Carriers' DA List information
contained in Qwest's database.
10.CLEC is responsible for ensuring that it has proper security measures in
place to protect the privacy of the End User Customer information contained within the
DA List information. CLEC must remove from its database any telephone number for an
End User Customer whose Listing has become non-published - when so notified by
Qwest.
10.Audits -- In accordance with Section 18 , Qwest may request a
comprehensive audit of CLEC's use of the DA List information. In addition to the terms
specified in Section 18 , the following also apply:
10.As used herein
, "
Audit" shall mean a comprehensive review of
the other Party s delivery and use of the DA List information provided hereunder
and such other Party s performance of its obligations under this Agreement.
Either Party (the Requesting Party) may perform up to two (2) Audits per twelve
(12) month period commencing with the Effective Date of this Agreement. Qwest
shall be entitled to "seed" or specially code some or all of the DA List information
that it provides hereunder in order to trace such information during an Audit and
ensure compliance with the disclosure and use restrictions set forth in Section
10.2 above.
10.All paper and electronic records will be subject to Audit.
10.CLEC recognizes that certain Carriers who have provided DA List
information that is included in Qwest's database may be third party beneficiaries of this
Agreement for purposes of enforcing any terms and conditions of the Agreement other
than payment terms with respect to their DA List information.
10.10 Qwest will provide a non-discriminatory process and procedure for
contacting End User Customers with non-published telephone numbers in emergency
situations for non-published telephone numbers that are included in Qwest's Directory
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Assistance Database. Such process and procedure will be available to CLEC for
CLEC's use when CLEC provides its own Directory Assistance and purchases Qwest'
Directory Assistance List product.
10.Rate Elements
Recurring and nonrecurring rate elements for pA List information are described below and are
contained in Exhibit A of this Agreement.
10.Initial Database Load -- A "snapshot" of data in the Qwest DA List
information database or portion of the database at the time the order is received.
10.Reload -- A "snapshot" of the data in the Qwest .DA List information
database or portion of the database required in order to refresh the data in CLEC'
database.
10.Daily Updates -- Daily change activity affecting DA List information in the
Listings database.
10.3.4 One-Time Set-Up Fees -- Charges for special database loads.
10.Output Charges -- Media charges resulting from either the electronic
transmission or tape delivery of the DA List information, including any shipping costs.
10.Ordering
10.6.4.CLEC may order the initial DA List information load or update files for
Qwest'local Exchange Service areas in its 14 state operating territory or where
Technically Feasible, CLEC may order the initial DA List information load or update files
by Qwest White Page Directory Code or NPA.
10.6.4.Special requests for data at specific geographic levels . (such as NPA)
must be negotiated in order to address data integrity issues.
10.6.4.
PCA T.
CLEC shall use the Directory Assistance List Order Form found in the
10.Toll and Assistance Operator Services
10.Description
10.Toll and assistance operator services are a family of offerings that assist
End User Customers in completing EAS/local and Long Distance calls. Qwest provides
non-discriminatory access to Qwest operator service centers , services and personnel.
Qwest will provide CLEC with non-discriminatory access to its operator services. Toll
and assistance operator services are provided to CLEC for resale with resold local
exchange lines at the wholesale discount as described in Exhibit A. Toll and assistance
operator services are provided to CLEC as a facilities-based provider pursuant to
Section 251 (b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of
the Act are not applicable. Toll and assistance operator services shall be provided to
CLEC as a facilities-based provider at the rates described in Exhibit
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10.Local Assistance. Assists CLEC End User Customers
requesting help or information on placing or completing EAS/local calls, connects
CLEC End User Customers to home NPA Directory Assistance, and provides
other information and guidance, including referral to the business office and
repair, as may be consistent with Qwest's customary practice for providing End
User Customer assistance.
10.IntraLATA Toll Assistance. Qwest will direct GLEC's End User
Customer to contact its provider to complete InterLATA toll calls. Nothing in this
Section is intended to obligate Qwest to provide any toll services to CLEC or
CLEC's End User Customers.
10.Emergency Assistance. Provide assistance for handling CLEC'
End User Customer s EAS/local and IntraLATA toll calls to emergency agencies
including but not limited to, police, sheriff highway patrol and fire. CLEC is
responsible for providing Qwest with the appropriate emergency agency numbers
and updates.
10.1.4 Busy Line Verification (BLV) is performed when a calling party
requests assistance from the operator bureau to determine if the called line is in
use. The operator will not complete the call for the calling party initiating the BL
inquiry. Only one BL V attempt will be made per call, and a charge shall apply.
10.Busy Line Interrupt (BLI) is performed when a calling party
requests assistance from the operator to interrupt a telephone call in progress.
The operator will interrupt the busy line and inform the called party that there is a
call waiting. The operator will not connect the calling and called parties. The
operator will make only one BLI attempt per call and the applicable charge
applies whether or not the called party releases the line.
10.Quote Service - Provide time and charges to hotel/motel and
other CLEC End User Customers for guest/account identification.
10.Terms and Conditions
10.For facilities-based CLEC using its own switch(es), Interconnection to
Qwest's operator services Switch is Technically Feasible at two (2) distinct points on the
Trunk Side of the Switch. The first connection point is an operator services trunk
connected directly to the Qwest operator services host Switch. The second connection
point is an operator services trunk connected directly to a remote Qwest operator
services Switch.
10.Trunk Provisioning and facility ownership must follow Qwest guidelines.
10.In order for CLEC to use Qwest's operator services as a facilities-based
CLEC using its own switch( es), CLEC must provide an operator service trunk between
CLEC's End Office Switch and the Interconnection point on the Qwest operator services
Switch for each NPA served.
10.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR-
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NWT-000271 , Section 6 (Signaling) and Section 10 (System Interfaces) in general
requirements form.
10.Each Party s operator bureau shall accept BLV and BLI inquiries from the
operator bureau of the other Party in order to allow transparent provision of BL V /BLI
traffic between the Parties' networks.
10.CLEC will provide separate no-test trunks (not the 10cal/intraLATA trunks)
to the Qwest BLV/BLI hub or to the Qwest operator services Switches.
10.Qwest will perform operator services in accordance with operating
methods, practices, and standards in effect for all its End User Customers. Qwest will
respond to CLEC's End User Customer calls to Qwest's operator services according to
the same priority scheme as it responds to Qwest's End User Customer calls. Calls to
Qwest's operator services are handled on a first come , first served basis, without regard
to whether calls are originated by CLEC or Qwest End User Customers.
10.Qwest will provide operator services to CLEC where Technically Feasible
and facilities are available. Qwest may from time-to-time modify and change the nature,
extent, and detail of specific operator services available to its retail End User Customers,
and to the extent it does so, Qwest will provide forty-five (45) Days advance written
notice to CLEC of such changes.
10.Qwest shall maintain adequate equipment and personnel to reasonably
perform the operator services. CLEC shall provide and maintain the facilities necessary
to connect its End User Customers to the location$ where Qwest provides the operator
services and to provide all information and data needed or reasonably requested by
Qwest in order to perform the operator services.
10.10 Call Branding is an optional service available to CLEC. Call Branding
announces CLEC's name to CLEC's End User Customer at the start of the call and at
the completion of the call. If CLEC selects the Call Branding option , Qwest will provide
Call Branding to CLEC where Technically Feasible.a) Front End Brand - Announces CLEC's name to CLEC's End User
Customer at the start of the call. There is a nonrecurring charge to setup and
record the Front End Brand message.b) Back End Brand - Announces CLEC's name to CLEC's End User
Customer at the completion of the call. There is a nonrecurring charge to setup
and record the Back End Brand message.
10.11 Call Branding for toll and operator services will entail recording and setup
of a brand message. Qwest will record CLEC's branded message. Dedicated interoffice
facilities will be required.
10.12 Call Branding also entails a nonrecurring charge to load CLEC's branded
message in each Switch.
10.13 CLEC's End User Customers may dial "0" or "" to access Qwest
operator services. Facilities-based CLEC using its own switch(es) may choose to have
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its End User Customers access Qwest operators by dialing a unique number or by using
the same dialing pattern as Qwest End User Customers.
10.Rate Elements
Qwest toll and assistance operator services are offered under two (2) pricing options. Option
offers a per message rate structure. Option B offers a work second and a per call structure.
Applicable recurring and nonrecurring rate elements are detailed below and in Exhibit A of thisAg reement.
10.Option A - Operator Services Rate Elements
10.Operator Handled Calling Card - For each completed calling
card call that was dialed 0+ where the operator entered the calling card number.
10.Machine Handled Calling Card - For each completed call that
was dialed 0+ where the End User Customer entered the required information
such as calling card number.
10.Station Call - For each completed station call, including station
sent paid, collect, third number special Billing or 0- calling card call.
10.1.4 Person Call - For each completed person to person call
regardless of the Billing used by the End User Customer.
10.Connect to Directory Assistance - For each operator placed call
to Directory Assistance.
10.Busy Line Verify - For each call where the operator determines
that conversation exists on a line.
10.Busy Line Interrupt - For each call where the operator interrupts
conversation on a busy line and requests release of the line.
10.Operator Assistance - For each EAS/local call, whether
completed or not, that does not potentially generate an operator surcharge.
These calls include, but are not limited to: calls given the DDD rate because of
transmission problems; calls where the operator has determined there should be
no charge, such as Busy Line Verify attempts where conversation was not found
on the line; calls where the End User Customer requests information from the
operator and no attempt is made' to complete a call; and calls for quote service.
10.9 "Completed call" as used in this Section shall mean that the End
User Customer makes contact with the location, telephone number, person or
extension designated by the End User Customer.
10.Option B - Per Work Second and Computer Handled Calls
10.Operator Handled - CLEC will be charged per work second for
all calls originating from its End User Customers and facilities that are routed to
Qwest's operator for handling. Work second charging begins when the Qwest
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operator position connects with CLEC's End User Customer and terminates
when the connection between the Qwest operator position and GLEC's End User
Customer is terminated.
10.Machine Handled - calls that are routed without operator
intervention. Machine handled calls include, but are not limited to, credit card
calls where the End User Customer enters the calling card number, calls
originating from coin telephones where the computer requests deposit of coins
additional End User Customer key actions, recording of End User Customer
voice , etc.
10.Call Branding Nonrecurring Charge. Qwest will charge to CLEC a
nonrecurring setup and recording fee for establishing Call Branding and loading each
Switch with CLEC's branded message. CLEC must pay such nonrecurring charges prior
to commencement of the service. The nonrecurring set-up and recording charge will
apply each time CLEC's brand message is changed. The nonrecurring charge to load
the Switches with CLEC's branded message will be assessed each time there is any
change to the Switch.
10.4 Ordering Process
CLEC .will order operator services by completing the "Qwest Operator Services/Directory
Assistance Questionnaire for Local Service Providers. II Copies of this questionnaire may be
obtained from CLEC's designated Qwest account manager.
10.5 Billing
10.Qwest will track usage and bill CLEC for the calls placed by CLEC's End
User Customers and facilities.
10.Qwest will compute CLEC's invoice based on both Option A (Price Per
Message) and Option B (Price Per Work Second and Computer Handled Calls). Qwest
will charge CLEC whichever option results in a lower charge.
10.3 If, due to equipment malfunction or other error Qwest does not have
available the necessary information to compile an accurate Billing statement, Qwest may
render a reasonably estimated bill, but shall notify CLEC of the methods of such
estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate.
Qwest shall render a bill reflecting actual billable quantities when and if the information
necessary for the Billing statement becomes available.
10.Access to Poles, Ducts, Conduits, and Rights of Way
10.1 Description
10.Pole Attachments - Where it has ownership or control to do so, Qwest
will provide CLEC with access to available Pole Attachment space for the placing of
facilities for the purpose of transmitting Telecommunications Services.
10.The term Pole Attachment means any attachment by CLEC to a
pole owned or controlled by Qwest.
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10.Ducts and Conduits - Where it has ownership or control to do so, Qwest
will provide CLEC with access to available ducts/conduits for the purpose of placing
facilities for transmitting Telecommunications Services. A spare duct/conduit will be
leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC
may place innerduct in an empty duct/conduit. Control of GLEe-installed spare
innerduct shall vest in Qwest immediately upon installation; ownership of such innerduct
shall vest . to Qwest if and when CLEC abandons such innerduct. Within a multiple
tenant environment (MTE), duct may traverse building Entrance Facilities, building
entrance links, equipment rooms, Remote Terminals, cable vaults , telephone closets or
building riser.
10.The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may
follow streets, bridges , public or private ROW or may be within some portion of a
multiple tenant environment. Within a multiple tenant environment, duct and
conduit may traverse building entrance facilities building entrance links
equipment rooms, Remote Terminals, cable vaults, telephone closets or building
riser. The terms duct and conduit include riser conduit.
10.The term innerduct means a duct-like raceway smaller than a
duct/conduit that is inserted into a duct/conduit so that the duct may typically
carry three (3) cables.
10.The term microduct means a smaller version of innerduct. Four
(4) microducts can be placed within a 1 ~-inch innerduct.
10.Rights of Way (ROW) - Where it has ownership or control to do so
Qwest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to
Exhibit 0, access to available ROW for the purpose of placing Telecommunications
facilities. ROW includes land or other property owned or controlled by Qwest and may
run under, on , above, across, along or through public or private property or enter
multiple tenant environments.
10.ROW means a real property interest in privately-owned real
property, but expressly excluding any public, governmental , federal or Native
American, or other quasi-public or non-private lands, sufficient to permit Qwest to
place Telecommunications facilities on such real property; such property owner
may permit Qwest to install and maintain facilities under, on, above, across,
along or through private property or enter multiple tenant environments. Within a
multiple tenant environment, a ROW includes a pathway that is actually used or
has been specifically designated for use by Qwest as part of its transmission and
distribution network where the boundaries of the pathway are clearly defined
either by written specifications or unambiguous physical demarcation.
10.1.4 Intentionally Left Blank.
10.The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to Qwest through express
or implied agreements, or through Applicable Law as defined in this Agreement.
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10.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibility refers to
the transfer of the occupancy of space for either aerial or underground facilities to
assuming CLEC from vacating CLEC.
10.A PDR Transfer of Responsibility request received by Qwest is
irrevocable upon one hundred percent (1000/0) payment by assuming CLEC of
the nonrecurring transfer charge.
10.Terms and Conditions
Qwest shall provide CLEC non-discriminatory access to poles, ducts, conduit and Rights of Way
(ROW) on terms and conditions found in the Revised Qwest Rights of Way, Pole Attachment
and/or Duct/lnnerduct Occupancy General Information Document, attached hereto as Exhibit D.
Qwest will not favor itself over CLEC when Provisioning access to poles, ducts, conduits and
Rights of Way (ROW). Qwest shall not give itself preference when assigning space.
10.Subject to the provisions of this Agreement, Qwest agrees to issue to
CLEC authorization for CLEC to attach, operate , maintain , rearrange , transfer and
remove at its sole expense its facilities on poles/duct/innerduct or ROW owned or
controlled in whole or in part by Qwest, subject to orders placed by CLEC. Any and all
rights granted to CLEC shall be subject to and subordinate to any future local , state
and/or federal requirements.
10.Qwest will rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and generalengineering principles.
10.Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), will continue to apply to the extent such requirements affect requests for
attachments or occupancy to Qwest facilities under Section 224(f)( 1) of the Act.
10.2.4 CLEC shall provide access to map of the requested
poles/duct/innerduct/ROW route, including estimated distances between major points
the identification and location of the poles/duct/innerduct and ROWand a description of
CLEC's facilities. Qwest agrees to provide to CLEC access to relevant plats , maps
engineering records and other data within ten (10) business days of receiving a request
for such information, except in the case of extensive requests. Extensive requests
involve the gathering of plats from more than one (1) location , span more than five (5)
Wire Centers" or consist of ten (10) or more intra-Wire Center requests submitted
simultaneously. Responses to extensive requests will be provided within a reasonable
interval, not to exceed forty-five (45) calendar Days.
10.Except as expressly provided herein, or in the Pole Attachment Act of
1934 as amended and its regulations and rules, or in any applicable state or municipal
laws, nothing herein shall be construed to compel Qwest to construct, install , modify or
place any poles/duct/innerduct or other facility for use by CLEC.
10.Qwest retains the right to determine the availability of space on
poles/duct/innerduct, conduit and ROW consistent with 47 USC ~ 224 and FCC orders
rules and regulations pursuant to 47 USC ~ 224. In the event Qwest determines that
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rearrangement of the existing facilities on poles, duct/innerduct/conduit, and ROW is
required before CLEC'facilities can be accommodated , the actual cost of such
modification will be included in CLEC's nonrecurring charges for the associated order
(Make-Ready fee). When modifications to a Qwest spare duct/conduit include the
placement of innerduct, Qwest or CLEC will install the number of innerduct required to fill
the duct/conduit to its full capacity.
10.Qwest shall make manhole ingress and egress for duct/innerduct access
available to CLEC. Qwest will perform a feasibility study to determine whether to
provide a stub out via the pre-constructed knock out within the manhole , or to perform a
core drill of the manhole.
10.Where such authority does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct
on governmental , federal, Native American, and private rights of way. CLEC shall obtain
any permits , licenses, bonds, or other necessary legal authority and permission , at
CLEC's sole expense , in order to perform its obligations under this Agreement. CLEC
shall contact all owners of public and private rights-of-way to obtain the permission
required to perform the work prior to entering the property or starting any work thereon.
See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits.
Once such permission is obtained , all such work may be performed by Qwest or CLEC
at the option of CLEC.
10.Access to a Qwest Central Office manhole will be permitted where
Technically Feasible. If space is available, Qwest will allow access through the Central
Office manhole to the POI (Point of Interconnection). There shall be a presumption that
there shall be no fiber splices allowed in the Central Office manhole. However, where
CLEC can establish the necessity and Technical Feasibility of splicing in the Central
Office manhole, such action shall be permitted.
10.10 Replacement/Modification/Installation - If CLEC requests Qwest to
replace or modify existing poles/duct/innerduct to increase its strength or capacity for the
sole benefit of CLEC, CLEC shall pay Qwest the total actual replacement cost, Qwest'
actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, andthe actual cost for removal (including actual cost of destruction) of the replaced
poles/duct/innerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to
Qwest.
10.10.Upon request Qwest shall permit CLEC to install
poles/duct/innerduct. Qwest reserves the right to reject any non-conforming
replacement pole/duct/innerduct installed by CLEC that does not conform to the
NESC , OSHA or local ordinances.
10.10.To the extent that a modification is incurred for the benefit of
multiple parties, CLEC shall pay a proportionate share of the total actual cost
based on the ratio of the amount of new space occupied by the facilities of CLEC
to the total amount of space occupied by all parties including Qwest or its
Affiliates participating in the modification. Parties who do not initiate, request or
receive additional space from a modification; are not required to share in the cost
of the modification. CLEC, Qwest or any other party that uses a modification as
an opportunity to bring its facilities into compliance with applicable safety or other
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requirements will be deemed to be sharing in the modification and will
responsible for its share of the modification cost. Attaching entities will not be
responsible for sharing in the cost of governmentally mandated pole or other
facility modification. Qwest does not and will not favor itself over other Carriers
when Provisioning access to poles, innerduct and rights-of-way.
10.10.The modifying party or parties may recover a proportionate
share of the modification costs from parties that later are able to obtain access as
a result of the modification. The proportionate share of the subsequent attacher
will be reduced to take account of depreciation to the pole or other facility that
has occurred since the modification. The modifying party or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. Qwest shall
not be responsible for maintaining records regarding modification costs on behalf
of attaching entities.
10.11 Notification of modifications initiated by or on behalf of Qwest and at
Qwest's expense shall be provided to CLEC at least sixty (60) calendar Days prior to
beginning modifications. Such notification shall include a brief description of the nature
and scope of the modification. If CLEC does not respond to a requested rearrangement
of its facilities within sixty (60) Days after receipt of written notice from Qwest requesting
rearrangement , Qwest may perform or have performed such rearrangement and CLEC
shall pay the actual cost thereof. No such notice shall be required in emergency
situations or for routine maintenance of poles/duct/innerduct completed at Qwest'
expense.
10.12 Qwest reserves the right to make an on-site/final construction inspection
of CLEC's facilities occupying the poles/duct/innerduct system. CLEC shall reimburse
Qwest for the actual cost of such inspections except where specified in this Section.
10.13 When final construction inspection by Qwest has been completed, CLEC
shall correct such non-complying conditions within the reasonable period of time
specified by Qwest in its written notice. If corrections are not completed within the
specified reasonable period occupancy authorizations for the ROW
poles/duct/innerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether CLEC has energized the facilities occupying
said poles/duct/innerduct or ROW system and CLEC shall remove its facilities from said
poles/duct/innerduct or ROW in accordance with the provisions of this Section, provided,
however, if the corrections physically cannot be made within such specified time, and
CLEC has been diligently prosecuting such cure, CLEC shall be granted a reasonable
additional time to complete such cure. Qwest may deny further occupancy authorization
to CLEC until such non-complying conditions are corrected or until CLEC's facilities are
removed from the poles/duct/innerduct system where such non-complying conditions
exist. If agreed between both Parties, Qwest shall perform or have performed such
corrections and CLEC shall pay Qwest the actual cost of performing such work.
Subsequent inspections to determine if appropriate corrective actions have been taken
may be made by Qwest.
10.14 Once CLEC's facilities begin occupying the poles/duct/innerduct or ROW
system, Qwest may perform a reasonable number of inspections. Qwest shall bear the
cost of such inspections unless the results of the inspection reveal a material violation or
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hazard, or that CLEC has in any other way failed to comply with the provisions of
Section 10.20; in which case CLEC shall reimburse Qwest the costs of inspections
and re-inspections, as required. CLEC's representative may accompany Qwest on such
field inspections. The cost of periodic inspection or any special inspections found
necessary due to the existence of sub-standard or unauthorized occupancies shall be
billed separately.
10.15 The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be billed to CLEC upon completionof the inspections.
10.16 Final construction , subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve CLEC of any responsibilities, obligations, or
liability assigned under this Agreement.
10.17 CLEC may use individual workers of its choice to perform any work
necessary for the attaching of its facilities so long as such workers have the same
qualifications and training as Qwest's workers. CLEC may use any contractor approved
by Qwest to perform make-ready work.
10.18 If Qwest terminates an order for cause , or if CLEC terminates an order
without cause, subject to 10.8.4.4.4 , CLEC shall pay termination charges equal to the
amount of fees and charges remaining on the terminated order(s) and shall remove its
facilities from the poles/duct/innerduct within sixty (60) calendar Days, or cause Qwest to
remove its facilities from the poles/duct/innerduct at CLEC'expense; provided
however, that CLEC shall be liable for and pay all fees and charges provided for in this
Agreement to Qwest until CLEC's facilities are physically removed. "Cause" as used
herein shall include CLEC's use of its facilities in material violation of any Applicable Law
or in aid of any unlawful act or making an unauthorized modification to Qwest'
poles/duct/innerduct, or, in the case of ROW , any act or omission that violates the terms
and conditions of either (a) the Access Agreement by which Qwest conveys a right of
access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest
or its predecessor.
10.19 Qwest may abandon or sell any poles/duct/innerduct/conduit or ROW at
any time by giving written notice to CLEC. Any poles/duct/innerduct/conduit or ROW
that is sold, will be sold subject to all existing legal rights of CLEC. Upon abandonment
of poles/duct/innerduct/conduit or ROW, and with the concurrence of the other joint
user(s), if necessary, CLEC shall , within sixty (60) calendar Days of such notice , either:
1) continue to occupy the poles/duct/innerduct/conduit or ROW pursuant to its existing
rights under this Agreement if the poles/duct/innerduct/conduit or ROW is purchased by
another party; 2) purchase the poles/duct/innerduct/conduit or ROW from Qwest at the
current market value; or 3) remove its facilities therefrom. Failure to explicitly elect one
of the foregoing options within sixty (60) calendar Days shall be deemed an election to
purchase the poles/duct/innerduct/conduit or ROW at the current market value if no
other party purchased the poles/duct/innerduct/conduit or ROW within this sixty (60) Day
period.
10.20 CLEC's facilities shall be 'placed and maintained in accordance with the
requirements and specifications of the current applicable standards of T elcordia Manual
of Construction Standards, the National Electrical Code, the National Electrical Safety
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Code , and the rules and regulations of the Occupational Safety and Health Act, all of
which are incorporated by reference, and any governing authority having jurisdiction.
Where a difference in specifications exists, the more stringent shall apply.
Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest, its
Affiliates or any other Telecommunications Carrier is held. Failure to maintain facilities
in accordance with the above requirements or failure to correct as provided in Section
10.13 shall be cause for termination of the order. CLEC shall in a timely manner
comply with all requests from Qwest to bring its facilities into compliance with these
terms and conditions.
10.21 Should Qwest under the provisions of this Agreement remove CLEC'
facilities from the poles/duct/innerduct covered by any order Qwest will deliver the
facilities removed upon payment by CLEC of the cost of removal, storage and delivery,
and all other amounts due Qwest. If CLEC removes facilities from poles/duct/innerductfor other than repair or maintenance purposes no replacement on the
poles/duct/innerduct shall be made until all outstanding charges due Qwest for previous
occupancy have been paid in full. CLEC shall advise Qwest in writing as to the date on
which the removal of facilities from the poles/duct/innerduct has been completed.
10.22 If any facilities are found attached to poles/duct/innerduct for which no
order is in effect, Qwest, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual
fee per pole or per innerduct run between two (2) manholes for the number of years
since the most recent inventory, or (b) five (5) times the annual fee per pole or per
innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest
on these fees at a rate set for the applicable time period by the Internal Revenue Service
for individual underpayments pursuant to Section 6621 of the Internal Revenue Service
Code (25 U.C. 9 6621 , Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any
audit required to identify unauthorized CLEC attachments. Qwest shall waive half the
unauthorized attachment fee if the following conditions are met: (1) CLEC cures such
unauthorized attachment (by removing it or submitting a valid order for the attachment in
the form of Attachment 2 of Exhibit 0, within thirty (30) Days of written notification from
Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Qwest to take curative measures itself (e., pulling additional innerduct) prior to
cure by CLEC, (3) CLEC reimburses Qwest for cost of audit, or portion thereof, which
discovered the unauthorized attachment. Qwest shall also waive the unauthorized
attachment fee if the unauthorized attachment arose due to error by Qwest rather than
CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt
of written notification from Qwest of the unauthorized occupancy, a poles/duct/innerduct
application. If such application is not received by Qwest within the specified time period
CLEC will be required to remove its unauthorized facility within thirty (30) calendar Days
of the final date for submitting the required application, or Qwest may remove CLEC'
facilities without liability, and the cost of such removal shall be borne by CLEC.
10.23 No act or failure to act by Qwest with regard to an unauthorized
occupancy shall be deemed as the authorization of the occupancy. Any subsequently
issued authorization shall not operate retroactively or constitute a waiver by Qwest of
any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject
to all liabilities of the Agreement in regard to said unauthorized occupancy from its
inception.
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10.24 Qwest will provide CLEC non-discriminatory access
poles/ducts/innerducts/conduits and ROW pursuant to 47 USC ~ 224 and FCC orders,
rules and regulations pursuant to 47 USC ~ 224. In the event of a conflict between this
Agreement, on one hand , and 47 USC ~ 224 and FCC orders , rules and regulations
pursuant to 47 USC ~ 224, on the other, 47 USC ~ 224 and FCC orders, rules and
regulations pursuant to 47 USC ~ 224 shall govern. Further, in the event of a conflict
between Exhibit D on one hand, and this Agreement or 47 USC ~ 224 and FCC orders
rules and regulations pursuant to 47 USC ~ 224, on the other, this Agreement or 47 USC
~ 224 and FCC orders, rules and regulations pursuant to 47 USC ~ 224 shall govern
provided however, that any Access Agreement that has been duly executed
acknowledged and recorded in the real property records for the county in which the
ROW is located shall govern in any event pursuant to its terms.
10.25 Nothing in this Agreement shall require Qwest to exercise eminent
domain on behalf of CLEC.
10.26 Qwest will not enter into ROW agreements for the provision of
Telecommunications Services, including agreements relating to ROW within multiple
tenant environments , that preclude CLEC from using ROW over which Qwest has
ownership or control. Upon CLEC request, Qwest will certify to a landowner with whom
Qwest has an ROW agreement, the following:
10.26.that the ROW agreement with Qwest does not preclude the
landowner from entering into a separate ROW agreement with CLEC; and
10.26.that there will be no penalty under the agreement between the
landowner and Qwest if the landowner enters into a ROW agreement with CLEC.
10.27 For purposes of permitting CLEC to determine whether Qwest has
ownership or control over duct/conduit or ROW , including duct/conduit or ROW within a
specific multiple tenant environment, if CLEC requests a copy of an agreement between
Qwest and the owner of a duct/conduit or ROW, including duct/conduit or ROW within a
specific multiple tenant environment, that grants Qwest access to, ownership of, or
control of duct/conduit or ROW within a specific multiple tenant environment, Qwest will
provide the agreement to CLEC pursuant to the terms of this Section. CLEC will submit
a completed Attachment 1.A from Exhibit 0 that identifies a specific multiple tenant
environment or route for each agreement.
10.27.Upon receipt of a completed Attachment 1., Qwest will prepare
and return an MTE matrix or ROW matrix, as applicable, within ten (10) Days
which will identify (a) the owner of the duct/conduit or ROW or multiple tenant
environment as reflected in Qwest's records, and (b) whether or not Qwest has a
copy of an agreement that provides Qwest access to duct/conduit or ROW or
multiple tenant environment in its possession. Qwest makes no representations
or warranties regarding the accuracy of its records, and CLEC acknowledges that
the original property owner may not be the current owner of the property.
10.27.Qwest grants a limited waiver of any confidentiality rights it may
have with regards to the content of the agreement, subject to the terms and
conditions in Section 10.27.3 and the Consent to Disclosure form. Qwest will
provide to CLEC a copy of an agreement listed in the MTE matrix or ROW
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matrix, as applicable, that has not been publicly recorded after CLEC obtains
authorization for such disclosure from the third party owner(s) of the real property
at issue by presenting to Qwest an executed version of the Consent to
Disclosure form that is included in Attachment 4 to Exhibit 0 of this Agreement.
In lieu of submission of the Consent to Disclosure form, CLEC must comply with
the indemnification requirements in Section 10.8.4.
10.27.As a condition of its limited waiver of its right to confidentiality in
an agreement that provides Qwest access to a multiple tenant environment that
Qwest provides to CLEC or that CLEC obtains from the multiple tenant
environment owner or operator, Qwest shall redact all dollar figures from copies
of agreements that have not been publicly recorded that Qwest provides to CLEC
and shall require that the multiple tenant environment owner or operator make
similar redaction s prior to disclosure of the agreement.
10.27.4 In all instances, CLEC will use agreements only for the following
purposes: (a) to determine whether Qwest has ownership or control over duct
conduits , or rights-of-way within the property described in the agreement; (b) to
determine the ownership of wire within the property described in the agreement;
or (c) to determine the Demarcation Point between Qwest facilities and the
owner facilities in the property described in the agreement. CLEC further
agrees that CLEC shall not disclose the contents , terms, or conditions of any
agreement provided pursuant to Section 10.8 to any CLEC agents or employees
engaged in sales, marketing, or product management efforts on behalf of CLEC.
10.28 In cities where Qwest has deployed microduct technology but no
vacant microduct is available on the specified route, CLEC may request Qwest to place
microduct along the desired route or CLEC can choose to place microduct that must
meet Qwest specifications.
10.29 In cities where Qwest has not deployed microduct and CLEC
wishes to use this technology, CLEC must lease an innerduct. In these locations CLEC
will be required to furnish and place the microduct. At the conclusion of the lease, CLEC
and Qwest will make a joint decision whether or not CLEC will be required to remove
CLEC's microduct from the innerduct.
10.30 If any microduct is found occupying facilities for which no order
is in effect, Qwest, without prejudice to its other rights or remedies, may assess a charge
and CLEC agrees to pay the lesser of (a) the annual fee per microduct run between two
(2) manholes for the number of years since the most recent inventory, or (b) five (5)
times the annual fee per microduct run between two (2) manholes.
10.30.In addition, CLEC agrees to pay (a) interest on these fees at a
rate set for the applicable time period by the Internal Revenue Service for
individual underpayments pursuant to Section 6621 of the Internal Revenue
Service Code (25 U.C 6621 , Rev. Rul. 2000-, 2000-25 IRS 1262), and (b)
the cost of any audit required to identify unauthorized CLEC occupancy.
10.30.Qwest shall waive half the unauthorized occupancy fee if the
following conditions are met:
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10.30.1 CLEC cures such unauthorized occupancy by removing it
or submitting a valid order for the attachment within thirty (30) days of
written notification from Qwest.
10.30.2 The unauthorized occupancy did not require Qwest to take
curative measures (e., pulling additional microduct) prior to cure byCLEC.
10.30.3 CLEC reimburses Qwest for cost of audit, or portion
thereof, which discovered the unauthorized occupancy. Qwest shall also
waive the unauthorized occupancy fee if the unauthorized occupancy
arose due to error by Qwest rather than CLEC. CLEC is required to
submit in writing, within ten (10) business days after receipt of written
notification from Qwest of the unauthorized occupancy, a
Poles/Duct/lnnerduct/Microduct Application. If such application is not
received by Qwest within the specified time period , CLEC will be required
to remove its unauthorized facility within thirty (30) calendar Days of the
final date for submitting the required application, or Qwest may remove
CLEC's facilities without liability, and the cost of such removal shall be
borne by CLEC.
10.31 To be eligible for PDR Transfer of Responsibility of the
occupancy of space for poles or conduit, vacating CLEC must have a valid Agreement in
place for those facilities specified for transfer.
10.31.The assuming CLEC is required to have an Agreement with
Qwest that includes all elements involved in the transfer.
10.31.The Agreement referenced in the PDR Transfer of
Responsibility request will be transferred either in its entirety or portion thereof as
specified in the PDR Transfer of Responsibility Application Form and Transfer
Authorization Agreement.
10.31.The PDR Transfer of Responsibility includes changing the
following Qwest items: Customer name, Access Carrier Name Abbreviation
(ACNA), Master Customer Number (MCN), customer address, telephone
number, billing and contact information , and contact telephone number. The
eight (8) character CLEC CLLlTM code will remain the same.
10.31.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must
comply with 11 U.C. Section 365.61. The negotiation of the terms and
conditions between vacating CLEC and assuming CLEC is the responsibility of
those two parties. Qwest does not participate in these discussions. Qwest
manages the database and records the transfer.
10.31.
facilities.
Qwest is not responsible for the physical condition of CLEC'
10.31.Prior to submission of a PDR Transfer of Responsibility request
all work in progress must be negotiated between vacating and assuming CLEC.
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10.31.Prior to submitting a Transfer of Responsibility request
assuming CLEC's financial obligations to Qwest must be in good standing. If
vacating CLEC is unable to meet its financial obligations, assuming CLEC will be
required to assume the financial obligations of vacating CLEC.
10.31.Vacating and assuming CLEC must provide Qwest a signed
Qwest PDR Transfer Authorization Agreement providing the following
information: All Qwest Central Office Service Areas that may apply, PDR Billing
Authorization Numbers (BAN), requested completion date (not binding), and
state specific charge for the transfer as indicated in Exhibit A.
10.31.Once the transfer request is accepted Qwest will submit the
signed PDR Transfer of Responsibility Request Consent Form to vacating and
assuming CLECs and the transfer will be completed.
10.Rate Elements
Qwest fees for attachments are in accordance with Section 224 of the Act and FCC orders,
rules and regulations promulgated thereunder, as well as the rates established by the
Commission including the following rates, are reflected in Exhibit A.
10.Inquiry Fee. A non-refundable pre-paid charge used to recover the costs
associated with performing an internal record review to determine if a requested route
and/or facility is available, or with respect to ROW, to. determine the information
necessary to create the MTE matrix or ROW matrix, as applicable, which identifies, for
each ROW , the name of the original grantor and the nature of the ROW (i.e., publicly
recorded and non-recorded) and the MTE matrix or ROW matrix, as applicable, which
identifies each requested legal agreement between Qwest and a third party who has a
multiple tenant environment in Qwest's possession that relates to Telecommunications
Services provided to or through real property owned by the third party (MTE Agreement)
and, for each such MTE Agreement, the name of the third party. Separate Inquiry Fees
apply for ROW, poles and duct/conduit/innerduct.
10.Field Verification Fee/Access Agreement Preparation Fee. In the case of
poles and duct/innerduct, the Field Verification Fee is a non-refundable pre-paid charge
which recovers the estimated actual costs for a field survey verification required for a
route and to determine scope of any required make-ready work. Separate Field
Verification Fees apply for poles and manholes. In the case of ROW, the Access
Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the
estimated actual costs for preparation of the Access Agreement for each ROW
requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be
billed in advance.
10.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up) charge
which recovers the cost of necessary work required to make the requested facility/ROW
available for access. For innerduct, this could include, but is not limited to, the placing of
innerduct in conduit/duct systems or core drilling of manholes. For Pole Attachment
requests, this could include, but is not limited to, the replacement of poles to meet
required clearances over roads or land. For ROW, this make-ready could include, but is
not limited to, personnel time , including attorney time. With respect to ROW , make-
ready work refers to legal or other investigation or analysis arising out of CLEC's failure
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to comply with the process described in Exhibit 0 for ROW, or other circumstances
giving rise to such work beyond the simple preparation of one or more Access
Agreements. The estimated pre-paid fee shall be billed in advance.
10.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the occupancy,
including during any make-ready period, of one (1) foot of pole space (except for
antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC
requests that it be semi-annual.
10.Innerduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period , of an innerduct on a per foot basis.
This fee shall be annual unless CLEC requests that it be semi-annual.
10.Access Agreement Consideration. A pre-paid fee which constitutes
consideration for conveying access to the ROW to CLEC. This fee shall be a one-time
(i.e., nonrecurring) fee.
10.Microduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period , and billed annually per microduct
per foot.
10.PDR Transfer of Responsibility. Vacating CLEC will not incur charges for
a transfer of responsibility agreement. A PDR Transfer of Responsibility charge for
assuming CLEC will be a nonrecurring charge associated with the transfer of the
agreement.
10.Ordering
There are two (2) steps required before placing an order for access to ROW, duct/innerduct and
Pole Attachment: Inquiry Review and Field Verification.
10.8.4.Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole
Attachment or duct/innerduct occupancy, Qwest will provide CLEC with Exhibit D. CLEC
will review the documents and provide Qwest with maps of the desired area indicatingthe routes and entrance points for proposed attachment, proposed occupancy or
proposed CLEC construction on Qwest owned or controlled poles, duct/innerduct and
ROW as well as the street addresses of any multiple tenant environments upon or
through which CLEC proposes construction on ROW owned or controlled by Qwest.
CLEC will include the appropriate inquiry fee with a completed Attachment 1.A from
Exhibit D.
10.8.4.Inquiry Review - Duct/Conduit/lnnerduct. Qwest will complete
the database inquiry and prepare a duct/conduit structure diagram (referred to as
a "Flatline ) which shows distances and access points (such as manholes).
- Along with the Flatline will be estimated costs for field verification of available
facilities. These materials will be provided to CLEC within ten (10) calendar Days
or within the time frames of the applicable federal or state law, rule or regulation.
10.8.4.Inquiry Review Poles. Qwest will provide the name and
contact number for the appropriate local field engineer for joint validation of the
poles and route and estimated costs for field verification on Attachment 1.B of
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Exhibit 0 within ten (10) calendar Days of the request
10.8.4.Inquiry Review - ROW. Qwest shall , upon request of CLEC
provide the ROW matrix, the MTE matrix and a copy of all publicly recorded
agreements listed in those matrices to CLEC within ten (10) Days of the request.
Qwest will provide to CLEC a copy of agreements listed in the matrices that have
not been publicly recorded if CLEC obtains authorization for such disclosure from
the third party owner( s) of the real property at issue by an executed version of
the Consent to Disclosure form , which is included in Exhibit 0, Attachment 4.
Qwest may redact all dollar figures from copies of agreements listed in the
matrices that have not been publicly recorded that Qwest provides to CLEC. Any
dispute over whether terms have been redacted appropriately shall be resolved
pursuant to the Dispute Resolution procedures set forth in this Agreement.
Alternatively, in order to secure any agreement that has not been publicly
recorded CLEC may provide a legally binding and satisfactory agreement to
indemnify Qwest in the event of any legal action arising out of Qwest's provision
of such agreement to CLEC. In that event, CLEC shall not be required to providean executed Consent to Disclosure form. Qwest makes no warranties
concerning the accuracy of the information provided to CLEC; CLEC expressly
acknowledges that Qwest's files contain only the original ROW instruments , and
that the current owner(s) of the fee estate may not be the party identified in the
document provided by Qwest.
10.8.4.Field Verification - Poles Duct/lnnerduct and Access Agreement
Preparation (ROW). CLEC will review the inquiry results and determine whether to
proceed with field verification for poles/ducts or Access Agreement preparation for ROW.
If field verification or Access Agreement preparation is desired CLEC will sign and
return Attachment 1. B of Exhibit 0 along with a check for the relevant verification fee
(Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access
Agreement as consideration for the Access Agreement. Upon payment of the relevant
fee and Access Agreement consideration if applicable , Qwest will provide, as
applicable, depending on whether the request is for poles, duct/innerduct/conduit, or
ROW: (a) in the case of duct/innerduct/conduit, a field survey and site investigation of
the duct/innerduct/conduit, including the preparation of distances and drawings, to
determine availability of existing duct/innerduct/conduit; identification of make-ready
costs required to provide space; the schedule in which the make-ready work will be
completed; and , the annual recurring prices associated with the attachment of facilities;
(b) in the case of ROW, the completed Access Agreement(s), executed and
acknowledged by Qwest. Upon completion of the Access Agreement(s) by CLEC, in
accordance with the instructions, terms and conditions set forth in Exhibit 0, the Access
Agreement becomes effective to convey the interest identified in the Access Agreement
(if any). Any dispute regarding whether a legal agreement conveys a ROW shall be
resolved between CLEC and the relevant third party or parties, and such disputes shall
not involve Qwest; and/or (c) in the case of poles , estimates of make-ready costs and
the annual recurring prices associated with the attachment of facilities shall be as
provided in Exhibit A. The verification of (a), (b), and (c), above, shall be completed by
Qwest not later than forty-five (45) calendar Days after CLEC's submission of the inquiry
request. Make-ready time , if any, and CLEC review time is not part of the forty-five (45)
Day interval. The Attachment 2 quotation shall be valid for ninety (90) calendar Days.
10.8.4.GLEe-Performed Field Verification. At the option of CLEC, it
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may perform its own field verification (in lieu of Qwest performing same) with the
following stipulations: 1) Verifications will be conducted by a Qwest approved
contractor; 2) A Qwest contractor will monitor the activity of CLEC contractor and
a current labor rate will be charged to CLEC; 3) CLEC will provide Qwest with a
legible copy of manhole butterfly drawings that reflect necessary make-ready
effort; and 4) Qwest will use GLEe-provided butterfly drawings and
documentation to check against existing jobs and provide a final field report of
available duct/innerduct. CLEC will be charged standard rates for tactical
planner time.
10.8.4.Order - Poles and Duct/lnnerduct. The review, signing and return of
Attachment 2 of the General Information Document along with payment of the Make-
Ready and prorated recurring access charges for the current relevant period (annual or
semi-annual) shall be accepted as an order for the attachment or occupancy. Upon
receipt of the accepted order from CLEC and applicable payment for the fees identified,
Qwest will assign the requested space and commence any make-ready work which may
be required. Qwest will notify CLEC when poles/duct/innerduct are ready.
10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make-
Ready costs.
10.8.4.4.If Qwest requests, CLEC will be responsible for payment of the
actual Make-Ready costs determined if such costs exceed the estimate. Such
payment shall be made within thirty (30) Days of receipt of an invoice for the
costs that exceed the estimate.
10.8.4.4.Within fifteen (15) business days of a request, Qwest will
provide CLEC copies of records reflecting actual cost of Make-Ready work;
provided , however, that, if Qwest does not possess all such records at the time of
the request, then Qwestwill provide copies of such records within fifteen (15)
business days of receipt of such records. CLEC must request such records, if at
all , within sixty (60) calendar Days after written notification of the completion of
the Make-Ready wo"rk.
10.8.4.4.If the actual Make-Ready costs are less than the estimate, an
appropriate credit for the difference will be issued upon request. Such request
must be received within sixty (60) calendar Days following CLEC's receipt of
copies of records if CLEC has requested records under this paragraph, or within
sixty (60) calendar Days after written notification of the completion of Make-
Ready work if CLEC has not requested records under this paragraph. Such
credit will issue within ten (10) business days of Qwest's receipt of either all
records related to such actual costs or CLEC's request for credit, whichever
comes last, but in no event later than ninety (90) calendar Days following the
request for credit.
10.8.4.4.If CLEC cancels or if, due to circumstances unforeseen during
inquiry/verification Qwest denies the request for poles, ducts or ROW upon
CLEC request, Qwest will also refund the difference between the actual Make-
Ready costs incurred and those prepaid by CLEC, if any. Such request must be
made within thirty (30) calendar Days of CLEC'receipt of written denial or
notification of cancellation. Any such refund shall be made within ten (10)
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business days of either receipt of CLEC's request or Qwest's receipt of all
records relating to the actual costs, whichever comes last, but in no event later
than ninety (90) calendar Days following the denial.
10.8.4.The PDR Transfer of Responsibility process requires the
submission of the DPR Transfer of Responsibility Application Form containing
information for both the vacating and assuming CLECs, a sigf)ed Qwest PDR Transfer
Authorization Agreement, and full payment of the quoted PDR Transfer of Responsibility
charge.
10.8.4.The PDR Transfer of Responsibility Application Form and
Transfer Authorization Agreement are on Qwest'web site at:
http://www.Qwest.com/wholesale/pcat/poleductrow.html
10.8.4.The PDR Transfer of Responsibility Application Form and an
electronic version of the Transfer Authorization Agreement with "Agreed" entered
in the designated signature blocks (this will act as your electronic signature) must
be submitted to wsstcm.Qwest.com.
10.8.4.The printed and signed PDR Transfer Authorization Agreement
and full payment is to be mailed to: Resource Allocation, 700 W. Mineral MT-
G28., Littleton CO 80120.
10.5 Billing
10.CLEC agrees to pay the following fees in advance as specified in Exhibit A:
Inquiry Fee, Field Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee , Pole
Attachment Fee, Duct/lnnerduct Occupancy Fee and Access Agreement Consideration. Make-
Ready Fees will be computed in compliance with applicable local , state and federal guidelines.
Usage fees for poles/duct/innerduct (i.e., Pole Attachment Fee and Duct/lnnerduct Occupancy
Fee) will be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual
usage fees for poles/duct/innerduct will be assessed as of January 1 of each year. Semi-annual
usage fees for poles/duct/innerduct will be assessed as of January 1 and July 1 of each year.
All fees shall be paid within thirty (30) Days following receipt of invoices. All fees are not
refundable except as expressly provided herein.
10.Vacating CLEC is obligated to pay all recurring charges until Qwest completes
the PDR Transfer of Responsibility request. Once the transfer is complete, the effective date to
cease recurring billing will coincide with the same date recurring billing starts for assumingCLEC.
10.6 Maintenance and Repair
In the event of any service outage affecting both Qwest and CLEC, repairs shall be effectuated
on a non-discriminatory basis as established by local , state or federal requirements. Where
such requirements do not exist, repairs shall be made in the following order: electrical
telephone (EAS/local), telephone (Long Distance), and cable television , or as mutually agreed
to by the users of the affected poles/duct/innerduct.
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Section 11.0 - NETWORK SECURITY
11.Protection of Service and Property. Each Party shall exercise the same degree
of care to prevent harm or damage to the other Party and any third parties , its employees
agents or End User Customers, or their property as it employs to protect its own personnel , End
User Customers and property, etc.
11.Each Party is responsible to provide security and privacy of communications.
This entails protecting the confidential nature of Telecommunications transmissions between
End User Customers during technician work operations and at all times. Specifically, no
employee, agent or representative shall monitor any circuits except as required to repair or
provide service of any End User Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations , or who participated in such
communications or even that such communication has taken place. Violation of such security
may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible
for covering its employees on such security requirements and penalties.
11.The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.11.4 Qwest and CLEC share responsibility for security and network protection for
each Collocation arrangement. Each Party s employees , agents or representatives must secure
its own portable test equipment, spares, etc. and shall not use the test equipment or spares of
other parties. Use of such test equipment or spares without written permission constitutes theft
and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either
rolling or track, which CLEC may use in the course of work operations. Qwest assumes no
liability to CLEC , its agents employees or representatives, if CLEC uses a Qwest ladder
available in the Wire Center.
11.Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party.
11.In the event that one Party s employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties' technicians at the site or
telephone to each Party s 24 x 7 security numbers.
11.Each Party shall comply at all times with Qwest security and safety procedures
and requirements while performing work activities on Qwest's Premises.
11.Qwest will allow CLEC to inspect or observe spaces which house or contain
CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys , entry
codes, lock combinations, or other materials or information which may be needed to gain entry
into any secured CLEC space, in a manner consistent with that used by Qwest.
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11.Qwest will limit the keys used in its keying systems for enclosed collocated
spaces which contain or house CLEC equipment or equipment enclosures to its employees and
representatives to emergency access only. CLEC shall further have the right to change locks
where deemed necessary for the protection and security of such spaces.
11.10 Keys may entail either metallic keys or combination electronic ID/key cards. It
solely the responsibility of CLEC to. ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that office
security is always maintained. Qwest has similar responsibility for its employees.
11.11 CLEC will train its employees , agents and vendors on Qwest security policies
and guidelines.
11.12 When working on Qwest ICDF Frames or in Qwest's common or CLEC
equipment line-ups Qwest and CLEC employees, agents and vendors agree to adhere to
Qwest quality and performance standards provided by Qwest and as specified in this
Ag reement.
11.13 CLEC shall report all material losses to Qwest Security. All security incidents are
to be referred directly to local Qwest Security - 1-888-879-7328. In cases of emergency, CLEC
shall call 911 and 1-888-879-7328.
11.14 Qwest and CLEC employees agents and vendors will display the
identification/access card above the waist and visible at all times.
11.15 Qwest and CLEC shall ensure adherence by their employees, agents and
vendors to all applicable Qwest environmental health and safety regulations. This includes all
fire/life safety matters, OSHA, EPA, Federal, State and local regulations, including evacuation
plans and indoor air quality.
11.
and gates.
Qwest and CLEC employees , agents and vendors will secure and lock all doors
11.17 CLEC will report to Qwest all property and equipment losses immediately, any
lost cards or keys , vandalism, unsecured conditions, security violations, anyone who
unauthorized to be in the work area or is not wearing the Qwest identification/access card.
11.18 Qwest and CLEC's employees, agents and vendors shall comply with Qwest
Central Office fire and safety regulations, which include but are not limited to, wearing safety
glasses in designated areas, keeping doors and aisles free and clean of trip hazards such as
wire, checking ladders before moving, not leaving test equipment or tools on rolling ladders, not
blocking doors open, providing safety straps and cones in installation areas, using electrostatic
discharge protection , and exercising good housekeeping.
11.19 Smoking is not allowed in Qwest buildings, Wire Centers , or other Qwest
facilities. No open flames shall be permitted anywhere within the buildings, Wire Centers or
other facilities. Failure to abide by this restriction may result in denial of access for that
individual and may constitute a violation of the access rules, subjecting CLEC employee, agent
or vendor to denial of unescorted access. Qwest shall provide written notice within five (5)
calendar Days of CLEC violation of this provision to CLEC prior to denial of access and such
notice shall inQlude: 1) identification of the violation of this provision and the personnel involved
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2) identification of the safety regulation violated , and 3) date and location of such violation.
CLEC will have five (5) calendar Days to remedy any such violation for which it has received
notice from Qwest. In the event that CLEC fails to remedy any such violation of which it has
received notice within such five (5) calendar Days following receipt of such notice, CLEC shall
be denied unescorted access to.the affected Premises. In the event CLEC disputes any action
Qwest seeks to take or has taken pursuant to this provision , CLEC may pursue immediate
resolution by expedited Dispute Resolution.
11.20 No flammable or explosive fluids or materials are to be kept or used anywhere
within the Qwest buildings or on the grounds.
11.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest
property are subject to this restriction as well.
11.22 Except as otherwise provided in this Agreement, CLEC's employees, agents or
vendors may not make any modifications, alterations , additions or repairs to any space within
the building or on the grounds, provided , however, nothing in Section 11 shall prevent CLEC, its
employees or agents from performing modifications, alterations, additions or repairs to its own
equipment or facilities.
11.23 Qwest employees may request CLEC's employees, agents or vendors to stop
any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a
potential for damage to the Qwest Premises, Qwest equipment or Qwest services within the
facility until the situation is remedied. CLEC employees may report any work activity that in their
reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the
building, CLEC equipment or CLEC services within the facility, to Qwest Service Assurance
(800-713-3666) and the reported work activity will be immediately stopped until the situation is
remedied. In the event such non-compliant activity occurs in a Qwest Central Office, notification
of the non-compliant activity may be made to the Central Office supervisor, and the Central
Office supervisor shall immediately stop the reported work activity until the situation is remedied.
The compliant Party shall provide immediate notice of the non-compliant work activity to the
non-compliant Party and such notice shall include: 1) identification of the non-compliant work
activity, 2) identification of the safety regulation violated , and 3) date and location of safety
violation. If such non-compliant work activities pose an immediate threat to the safety of the
other Party s employees , interference with the performance of the other Party service
obligations , or pose an immediate threat to the physical integrity of the other Party s facilities,
the compliant Party may perform such work and/or take action as is necessary to correct the
condition at the non-compliant Party s expense. In the event the non-compliant Party disputes
any action the compliant Party seeks to take or has taken pursuant to this provision, the non-
compliant Party may pursue immediate resolution by expedited Dispute Resolution. If the non-
compliant Party fails to correct any safety non-compliance within ten (10) calendar Days of
written notice of non-compliance, or if such non-compliance cannot be corrected within ten (10)
calendar Days of written notice of non-compliance, and if the non-compliant Party fails to take
all appropriate steps to correct as soon as reasonably possible , the compliant Party may pursue
immediate resolution by expedited Dispute Resolution.
11.24 Qwest is not liable for any damage, theft or personal injury resulting from CLEC'
employees, agents or vendors parking in a Qwest parking area.
11.25 CLEC's employees, agents or vendors outside the designated CLEC access
area, or without proper identification may be asked to vacate the Premises and Qwest security
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may be notified. Continued violations may result in termination of access privileges. Qwest
shall provide immediate notice of the security violation to CLEC and such notice shall include:
1) identification of the security violation, 2) identification of the security regulation violated , and
3) date and location of security violation. CLEC will have five (5) calendar Days to remedy any
such alleged security violation before any termination of access privileges for such individual.
the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this
provision , GLEC may pursue immediate resolution by expedited or other Dispute Resolution.
11.
Centers:
Building related problems may be referred to the Qwest Work Environment
800-879-3499 (CO, WY, AZ, NM)
800-201-7033 (all other Qwest states)
11.27 CLEC will submit a Qwest Collocation Access Application form for individuals
needing to access Qwest facilities. CLEC and Qwest will meet to review applications and
security requirements.
11.28 CLEC employees, agents and vendors will utilize only corridors, stairways and
elevators that provide direct access to CLEC's space or the nearest restroom facility. Such
access will be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC will collect identification/access cards for any employees, agents or
vendors no longer working on behalf of CLEC and forward them to Qwest Security. If cards or
keys cannot be collected, CLEC will immediately notify Qwest at 800-210-8169.
11.30 CLEC will assist Qwest in validation and verification of identification of its
employees, agents and vendors by providing a telephone contact available seven (7) Days a
week, twenty-four (24) hours a Day.
11.31 Qwest and CLEC employees, agents and vendors will notify Qwest Service
Assurance (800-713-3666) prior to gaining access into a Central Office after hours , for the
purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00
m. to 5:00 p.
11.32 CLEC will notify Qwest if CLEC has information that its employee, agent or
vendor poses a safety and/or security risk. Qwest may deny access to anyone who in the
reasonable judgment of Qwest threatens the safety or security of facilities or personnel.
11.33 CLEC will supply to Qwest Security, and keep up to date, a list of its employees
agents and vendors who require access to CLEC's space. The list will include names and
social security numbers. Names of employees, agents or vendors to be added to the list will be
provided to Qwest Security, who will provide it to the appropriate Qwest personnel.
11.34 Revenue Protection. Qwest shall make available to CLEC all present and future
fraud prevention or revenue protection features. These features include, but are not limited to
screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud
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prevention, detection and control functionality within pertinent Operations Support Systems
which include but are not limited to LlDB Fraud monitoring systems.
11.34.Uncollectable or unbillable revenues resulting from , but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
11.34.Uncollectible or unbillable revenues resulting from the accidental or
malicious alteration of software underlying Network Elements or their subtending
Operational Support Systems by unauthorized third parties that could have reasonably
been avoided shall be the responsibility of the Party having administrative control of
access to said Network Element or operational support system software.
11.34.Qwest shall be responsible for any direct uncollectible or unbillable
revenues resulting from the unauthorized physical attachment to Loop facilities from the
Main Distribution Frame up to and including the Network Interface Device, including cllp-
on fraud, if Qwest could have reasonably prevented such fraud.
11.34.4 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by CLEC, those costs will be borne by CLEC.
11.34.To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e., clip-on , missing information digits, missing toll
restriction, etc.
11.34.If Qwest becomes aware of potential fraud with respect to CLEC'
accounts Qwest will promptly inform CLEC and , at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
11.35 Law Enforcement Interface. Qwest provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information froman emergency trap/trace or *57 trace; requests ' for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations , kidnappings bomb
threats, extortion/scams, runaways and life threats.
11.36 Qwest provides trap/trace, pen register and Title III assistance directly to law
enforcement, . if such assistance is directed by a court order. This service is provided during
normal business hours Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services will be billed directly to the law enforcement agency,
without involvement of CLEC, for any lines served from Qwest Wire Centers or cross boxes.
11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross
boxes whether the line is a resold line or Unbundled Loop element Qwest will perform
trap/trace Title III and pen register assistance directly with law enforcement. CLEC will not be
involved or notified of such actions, due to non-disclosure court order considerations, as well as
timely response duties when law enforcement agencies are involved. Exceptions to the above
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will be those cases, as yet undetermined where CLEC must participate due to technical
reasons wherein its circuitry must be accessed or modified to comply with law enforcement, or
for legal reasons that may evolve over time. CLEC will provide Qwest with a twenty-four (24)
hours a Day, seven (7) Days a week contact for processing such requests, should they occur.
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Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
12.Description
12.Qwest has developed and shall continue to provide Operational Support System
(OSS) interfaces using electronic gateways and manual processes. These gateways act as a
mediation or control point between CLEC's and Qwest's OSS. These gateways provide security
for the interfaces~ protecting the integrity of the Qwest OSS and databases. Qwest'OSS
interfaces have been developed to support Pre-ordering, Ordering and Provisioning,
Maintenance and Repair and Billing. This section describes the interfaces and manual
processes that Qwest has developed and shall provide to CLEC. Additional technical
information and details shall be provided by Qwest in training sessions and documentation and
support, such as the "Interconnect Mediated Access User s Guide." Qwest will continue to
make improvements to the electronic interfaces as technology evolves , Qwest's legacy systems
improve , or CLEC needs require. Qwest shall provide notification to CLEC consistent with the
provisions of the Change Management Process (CMP) set forth in Section 12.
12.Through its electronic gateways and manual processes Qwest shall provide
CLECnon-discriminatory access to Qwest's OSS for Pre-ordering, Ordering and Provisioning,
Maintenance and Repair, and Billing functions. For those functions with a retail analogue, such
as pre-ordering and ordering and Provisioning of resold services, Qwest shall provide CLEC
access to its OSS in substantially the same time and manner as it provides to itself. For those
functions with no retail analogue, such as pre-ordering and ordering and Provisioning of
Unbundled Elements, Qwest shall provide CLEC access to Qwest's OSS sufficient to allow an
efficient competitor a meaningful opportunity to compete. Qwest will comply with the standards
for access to OSS set forth in Section 20. Qwest shall deploy the necessary systems and
personnel to provide sufficient access to each of the necessary OSS functions. Qwest shall
provide assistance for CLEC to understand how to implement and use all of the available OSS
functions. Qwest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC
equivalent access to all of the necessary OSS functions. Through its web site, training,
disclosure documentation and development assistance Qwest shall disclose to CLEC any
internal business rules and other formatting information necessary to ensure that CLEC'
requests and orders are processed efficiently. Qwest shall provide training to enable CLEC to
devise its own course work for its own employees. Through its documentation available to
CLEC, Qwest will identify how its interface differs from national guidelines or standards. Qwest
shall provide OSS designed to accommodate both current demand and reasonably foreseeable
demand.
12.OSS Support for Pre-Ordering, Ordering and Provisioning
12.Local Service Request (LSR) Ordering Process
12.Qwest shall provide electronic interface gateways for submission of
LSRs, including both an Electronic Data Interchange (EDI) interface and a Graphical
User Interface (GUI).
12.The interface guidelines for EDI are based upon the Order & Billing
Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication Industry
Forum (TCI F) Customer Service Guidelines; and the American National Standards
Institute/Accredited Standards Committee (ANSI ASC) X12 protocols. Exceptions to the
above guidelines/standards shall be specified in the EDI disclosure documents.
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12.The GUI shall provide a single interface for Pre-Order and Order
transactions from CLEC to Qwest and is browser based. The GUI interface shall be
based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup
Language (HTML), JAVA and the Transmission Control Protocol/lnternet Protocol
(TCP/lP) to transmit messages.
12.1.4 Functions Pre Ordering - Qwest will provide real time , electronic access
to pre-order functions to support CLEC's ordering via the electronic interfaces described
herein. Qwest will make the following real time pre-order functions available to CLEC:
12.1.4.1 Features, services and Primary Interexchange Carrier (PIC)
options for IntraLATA toll and InterLATA toll available at a valid service address;
12.1.4.Access to Customer Service Records (CSRs) for Qwest retail or
resale End User Customers. The information will include Billing name, service
address, Billing address, service and feature subscription, Directory Listing
information, and Long Distance Carrier identity;
12.1.4.Telephone number request and selection;
12.1.4.4 Reservation of appointments for service installations requiring
the dispatch of a Qwest technician on a non-discriminatory basis;
12.1.4.Information regarding whether dispatch is required for service
installation and available installation appointments;
12.1.4.Service address verification;
12.1.4.Facility availability, Loop qualification, including resale-DSL, and
Loop make-up information, including, but not limited to, Loop length, presence of
Bridged Taps, repeaters , and loading coils.
12.1.4.A list of valid available CFAs for Unbundled Loops.
12.1.4.A list of one to five (1-5) individual Meet Points or a range of
Meet Points for shared Loops.
12.1.4.10 Design Layout Record (DLR) Query which provides the layout
for the local portion of a circuit at a particular location where applicable.
12.Dial-Up Capabilities
12.Intentionally Left Blank.
12.ntentionally Left Blank.
12.When CLEC requests from Qwest more than fifty (50) SecurlDs
for use by CLEC Customer service representatives at a single CLEC location
CLEC shall use a T1 line instead of dial-up access at that location. If CLEC is
obtaining the line from Qwest, then CLEC shall be able to use SecurlDs until
such time as Qwest provisions the T1 line and the line permits pre-order and
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order information to be exchanged between Qwest and CLEC.
12.Access Service Request (ASR) Ordering Process
12.Qwest shall provide a computer-to-computer batch file interface
for submission of ASRs based upon the OBF Access Service Order Guidelines
(ASOG). Qwest shall supply exceptions to these guidelines in writing in sufficient
time for CLEC to adjust system requirements.
12.Facility Based EDI Listing Process -- Qwest shall provide a Facility Based
EDI Listing interface to enable CLEC Listing data to be translated and passed into the
Qwest Listing database. This interface is based upon OBF LSOG and ANSI ASC X12
standards. Qwest shall supply exceptions to these guidelines/standards in writing in
sufficient time for CLEC to adjust system requirements.
12.Qwest will establish interface contingency plans and disaster recovery
plans for the interfaces described in this Section. Qwest will work cooperatively with
CLECs through the CMP process to consider any suggestions made by CLECs to
improve or modify such plans. CLEC specific requests for modifications to such plans
will be negotiated and mutually agreed upon between Qwest and CLEC.
12.Ordering and Provisioning - Qwest will provide access to ordering and
status functions. CLEC will populate the service request to identify what features
services, or elements it wishes Qwest to provision in accordance with Qwest's published
business rules.
12.Qwest shall provide all Provisioning services to CLEC during the
same business hours that Qwest provisions services for its End User Customers.
Qwest will provide out-of-hours Provisioning services to CLEC on a non-
discriminatory basis as it provides such Provisioning services to itself, its End
User Customers, its Affiliates or any other Party. Qwest shall disclose the
business rules regarding out-of-hours Provisioning on its wholesale web site.
12.When CLEC places an electronic order Qwest will provide
CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC will
follow industry-standard formats and contain the Qwest Due Date for order
completion. Upon completion of the order, Qwest will provide CLEC with an
electronic completion notice which follows industry-standard formats and which
states when the order was completed. Qwest supplies two (2) separate
completion notices: 1) service order completion (SOC) which notifies CLEC that
the service order record has been completed , and 2) Billing completion that
notifies CLEC that the service order has posted to the Billing system.
12.When CLEC places a manual order, Qwest will provide CLEC
with a manual Firm Order Confirmation notice. The confirmation notice will follow
industry-standard formats. Upon completion of the order, Qwest will provide
CLEC with a completion notice which follows industry-standard formats and
which states when the order was completed. Qwest supplies two (2) separate
completion notices: 1) service order completion (SOC) which notifies CLEC that
the service order record has been completed and 2) Billing completion that
notifies CLEC that the service order has posted to the Billing system.
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12.9.4 When CLEC places an electronic order Qwest shall provide
notification electronically of any instances when (1) Qwest's Committed Due
Dates are in jeopardy of not being met by Qwest on any service or (2) an order is
rejected. The standards for returning such notices are set forth in Section 20.
12.When CLEC places a manual order, Qwest shall provide
notifiGation of any instances when (1) Qwest's Committed Due Dates are
jeopardy of not being met by Qwest on any service or (2) an order is rejected.
The standards for returning such notices are set forth in Section 20.
12.Business rules regarding rejection of LSRs or ASRs are subject
to the provisions of Section 12.
12.Where Qwest provides installation on behalf of CLEC, Qwest
shall advise the CLEC End User Customer to notify CLEC immediately if CLEC'
End User Customer requests a service change at the time of installation.
12.Maintenance and Repair
12.Qwest shall provide electronic interface gateways , including an Electronic
Bonding interface and a GUI interface, for reviewing an End User Customer s trouble
history at a specific location conducting testing of an End User Customer s service
where applicable, and reporting trouble to facilitate the exchange of updated information
and progress reports between Qwest and CLEC while the Trouble Report (TR) is open
and a Qwest technician is working on the resolution. CLEC may also report trouble
through manual processes. For designed services, the TR will not be closed prior to
verification by CLEC that trouble is cleared.
12.Interface Availability
12.Qwest shall make its OSS interfaces available to CLEC during the hours
listed in the Gateway Availability PIDs in Section 20.
12.Qwest shall notify CLEC in a timely manner regarding system downtime
through mass email distribution and pop-up windows as applicable.
12.Billing
12.2.4.For products billed out of the Qwest Interexchange Access Billing System
(lABS), Qwest will utilize the existing CABS/BOS format and technology for thetransmission of bills.
12.2.4.For products billed out of the Qwest Customer Record Information
System (CRIS), Qwest will utilize the existing EDI standard for the transmission of
monthly local Billing information. EDI is an established standard under the auspices of
the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Billing. Any deviance from these standards and
guidelines shall be documented and accessible to CLEC.
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12.Outputs
Output information will be provided to CLEC in the form of bills, files, and reports. Bills will
capture all regular monthly and incremental/usage charges and present them in a summarized
format. The files and reports delivered to CLEC come in the following categories:
Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facility Based Line Usage Information
SAG/F AM Street Address/Facility Availability Information
12.Bills
12.CRIS Summary Bill - The CRIS Summary Bill represents
monthly summary of charges for most wholesale products sold by Qwest. This
bill includes a total of all charges by entity plus a summary of current charges
and adjustments on each sub-account. Individual sub-accounts are provided as
Billing detail and contain monthly, one-time charges and incremental/call detail
information. The Summary Bill provides one bill and one payment document for
CLEC. These bills are segmented by state and bill cycle. The number of bills
received by CLEC is dictated by the product ordered and the Qwest region in
which CLEC is operating.
12.lABS Bill - The lABS Bill represents a monthly summary of
charges. This bill includes monthly and one-time charges plus a summary of any
usage charges. These bills are segmented by product, LATA, Billing account
number (BAN) and bill cycle.
12.Files and Reports
12.Daily Usage Record File provides the accumulated set of call
information for a given Day as captured or recorded by the network Switches.
This file will be transmitted Monday through Friday, excluding Qwest holidays.
This information is a file of unrated Qwest originated usage messages and rated
CLEC originated usage messages. It is provided in A TIS standard Electronic
Message Interface (EMI) format. This EMI format is outlined in the document
SR-320; which can be obtained directly from A TIS. The Daily Usage Record File
contains multi-state data for the Data Processing Center generating this
information. Individual state identification information is contained with the
message detail. Qwest will provide this data to CLEC with the same level of
precision and accuracy it provides itself. This file will be provided for resale
products.
12.The charge for this Daily Usage Record File is contained in Exhibit
A of this Agreement.
12.Routing of in-region IntraLATA Collect, Calling Card, and Third
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Number Billed Messages - Qwest will distribute in-region IntraLA T A collect
calling card, and third number billed messages to CLEC and exchange with other
CLECs operating in region in a manner consistent with existing inter-company
processing agreements. Whenever the daily usage information is transmitted to
a Carrier, it will contain these records for these types of calls as well.
12.2.4 Loss Report provides GLEe with a daily report that contains a
list of accounts that have had lines and/or services disconnected. This may
indicate that the End User Customer has changed CLECs or removed services
from an existing account. This report also details the order number, service
name and address , and date this change was made. Individual reports will be
provided for the following list of products:
Interim Number Portability;
Resale;
Unbundled Loop;
Unbundled Line Side Switch Port; and
UNE-P for POTS.
12.Completion Report provides CLEC with a daily report. This
report is used to advise CLEC that the order(s) for the service(s) requested is
complete. It details the order number, service name and address and date this
change was completed. Individual reports will be provided for resale and
Unbundled Loop products.
12.Category 11 Records are Exchange Message Records (EMR)
which provide mechanized record formats that can be used to exchange access
usage information between Qwest and CLEC. Category 1101 series records are
used to exchange detailed access usage information.
12.Category 1150 series records are used to exchange summarized
Meet Point Billed access minutes-of-use. Qwest will make accessible to CLEC
through electronic means the transmission method/media types available for
these mechanized records.
12.SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features
Availability Matrix) files contain the following information:
SAG provides Address and Serving Central Office Information.
b) F AM provides USOCs and descriptions by state (POTS services
only), and USOC availability by NPA-NXX with the exception of Centrex.
InterLATA/lntraLATA Carriers by NPA-NXX.
These files are made available via a download process. They can be retrieved
by FTP (File Transfer Protocol), NOM connectivity, or a Web browser.
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12.Change Management
Qwest agrees to maintain a change management process, known as the Change Management
Process (CMP), that is consistent with or exceeds industry guidelines, standards and practices
to address Qwest's OSS , products and processes. The CMP shall include , but not be limited to,
the following: (i) provide a forum for CLEC and Qwest to discuss CLEC and Qwest change
requests (CR), CMP notifications, systems release life cycles, and communications; (ii) provide
a forum for CLECs and Qwest to discuss and prioritize CRs, where applicable pursuant to the
CMP Document; (iii) develop a mechanism to track and monitor CRs and CMP notifications; (iv)
establish intervals where appropriate in the process; (v) processes by which CLEC impacts that
result from changes to Qwest's OSS, products or processes can be promptly and effectively
resolved; (vi) processes that are effective in maintaining the shortest timeline practicable for the
receipt, development and implementation of all CRs; (vii) sufficient dedicated Qwest processes
to address and resolve in a timely manner CRs and other issues that come before the CMP
body; (viii) processes for OSS Interface testing; (ix) information that is clearly organized and
readily accessible to CLECs, including the availability of web-based tools; (x) documentation
provided by Qwest that is effective in enabling CLECs to build an electronic gateway; and (xi) a
process for changing CMP that calls for collaboration among CLECs and Qwest and requires
agreement by the CMP participants. Pursuant to the scope and procedures set forth in the
CMP Document, Qwest will submit to CLECs through the CMP among other things
modifications to existing products and product and technical documentation available to CLECs
introduction of new products available to CLECs, discontinuance of products available to
CLECs, modifications to pre-ordering, ordering/Provisioning, maintenance/repair or Billing
processes, introduction of pre-ordering, ordering/Provisioning, maintenance/repair or Billing
processes, discontinuance of pre-ordering, ordering/Provisioning, maintenance/repair or Billing
processes , modifications to existing OSS interfaces , introduction of new OSS interfaces , and
retirement of existing OSS interfaces. Qwest will maintain as 'part of CMP an escalation
process so that CMP issues can be escalated to a Qwest representative authorized to make a
final decision and a process for the timely resolution of disputes. The governing document for
CMP known as the "Change Management Process" Document is the subject of ongoing
negotiations between Qwest and CLECs in the ongoing CMP redesign process. The CMP
Document will continue to be changed through those discussions. The CMP Document reflects
the commitments Qwest has made regarding maintaining its CMP and Qwest commits to
implement agreements made in the CMP redesign process as soon as practicable after they are
made. The CMP Document will be subject to change through the CMP process, as set forth in
the CMP Document. Qwest will maintain the most current version of the CMP Document on itswholesale web site.
12.In the course of establishing operational ready system interfaces between
Qwest and CLEC to support local service delivery, CLEC and Qwest may need to define
and implement system interface specifications that are supplemental to existing
standards. CLEC and Qwest will submit such specifications to the appropriate
standards committee and will work towards their acceptance as standards.
12.Release updates will be implemented pursuant to the CMP.
12.Intentionally Left Blank.
12.CLEC Responsibilities for Implementation of OSS Interfaces
12.Before CLEC implementation can begin CLEC must completely and
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accurately answer the New Customer Questionnaire as required in Section 3.
12.Once Qwest receives a complete and accurate New Customer
Questionnaire, Qwest and CLEC will mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.Qwest Responsibilities for On-going Support for OSS Interfaces
Qwest will support previous EDI releases for six (6) months after the next subsequent EDI
release has been deployed.
12.
release.
Qwest will provide written notice to CLEC of the need to migrate to a new
12.Qwest will provide an EDI Implementation Coordinator to work with CLEC
for business scenario re-certification, migration and data conversion strategy definition.
12.Re-certification is the process by which CLEC demonstrates the ability to
generate correct functional transactions for enhancements not previously certified.
Qwest will provide the suite of tests for re-certification to CLEC with the issuance of the
disclosure document.
12.8.4 Qwest shall provide training mechanisms for CLEC to pursue in educating
its internal personnel. Qwest shall provide training necessary for CLEC to use Qwest'
OSS interfaces and to understand Qwest's documentation , including Qwest's business
rules.
12.CLEC Responsibilities for On-going Support for OSS Interfaces
12.If using the GUI interface, CLEC will take reasonable efforts to train CLEC
personnel on the GUI functions that CLEC will be using.
12.An exchange protocol will be used to transport EDI formatted content.
CLEC must perform certification testing of exchange protocol prior to using the EDI
interface.
12.Qwest will provide CLEC with access to a stable testing environment that
mirrors production to certify that its OSS will be capable of interacting smoothly and
efficiently with Qwest's OSS. Qwest has established the following test processes to
assure the implementation of a solid interface between Qwest and CLEC:
12.Connectivity Testing - CLEC and Qwest will conduct
connectivity testing. This test will establish the ability of the trading partners tosend and receive EDI messages effectively. This test verifies the
communications between the trading partners. Connectivity is established during
each phase of the implementation cycle. This test is also conducted prior to
controlled production and before going live in the production environment if
CLEC or Qwest has implemented environment changes when moving into
production.
12.Stand-Alone Testing Environment (SATE) - Qwest'stand-
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alone testing environment will take pre-order and order requests, pass them to
the stand-alone database, and return responses to CLEC during its development
and implementation of ED!. The SATE provides CLEC the opportunity to validate
its technical development efforts built via Qwest documentation without the need
to schedule test times. This testing verifies CLEC'ability to send correctly
formatted EDI transactions through the EDI system edits successfully for both
new and existing releases. SATE uses test account data supplied by Qwest.
Qwest will make additions to the test beds and test accounts as it introduces new
OSS electronic interface capabilities, including support of new products and
services , new interface features, and functionalities. All SATE pre-order queries
and orders are subjected to the same edits as production pre-order and order
transactions. This testing phase is optional.
12.Interoperability Testing - CLEC has the option of participating
with Qwest in Interoperability testing to provide CLEC with the opportunity to
validate technical development efforts and to quantify processing results.
Interoperability testing verifies CLEC'ability to send correct EDI transactions
through the EDI system edits successfully. Interoperability testing requires the
use of valid data in Qwest production systems. All Interoperability pre-order
queries and order transactions are subjected to the same edits as production
orders. This testing phase is optional when CLEC has conducted Stand-Alone
Testing suc~essfully. Qwest shall process pre-order transactions in Qwest'
production OSS and order transactions through the business processing layer of
the EDI interfaces.
12.3.4 Controlled Production - Qwest and CLEC will perform controlled
production. The controlled production process is designed to validate the ability
of CLEC to transmit EDI data that completely meets X12 standards definitions
and complies with all Qwest business rules. Controlled production consists of
the controlled submission of actual CLEC production requests to the Qwest
production environment. Qwest treats these pre-order queries and orders as
production pre-order and order transactions. Qwest and CLEC use controlled
production results to determine operational readiness. Controlled production
requires the use of valid account and order data. All certification orders are
considered to be live orders and will be provisioned.
12.If CLEC is using EDI , Qwest shall provide CLEC with a pre-
allotted amount of time to complete certification of its business scenarios. Qwest
will allow CLEC a reasonably sufficient amount of time during the day and a
reasonably sufficient number of days during the week to complete certification of
itsbusiness scenarios consistent with CLEC's business plan. It is the sole
responsibility of CLEC to schedule an appointment with Qwest for certification of
its business scenarios. CLEC must make every effort to comply with the agreed
upon dates and times scheduled for the certification of its business scenarios.
the certification of business scenarios is delayed due to CLEC , it is the sole
responsibility of CLEC to schedule new appointments for certification of its
business scenarios. Qwest will make reasonable efforts to accommodate CLEC
schedule. Conflicts in the schedule could result in certification being delayed.
a delay is due to Qwest, Qwest will honor CLEC's schedule through the use of
alternative hours.
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12.9.4 If CLEC is using the EDI interface, CLEC must work with Qwest to certify
the business scenarios that CLEC will be using in order to ensure successful transaction
processing. Qwest and CLEC shall mutually agree to the business scenarios for which
CLEC requires certification. Certification will be granted for the specified release of the
EDI interface. If CLEC is certifying multiple products or services, CLEC has the option of
certifying those products or services serially or in parallel where Technically Feasible.
12.9.4.For a new software release or upgrade Qwest will provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. For software releases and upgrades
Qwest has implemented the testing processes set forth in Sections 12.
12.3 and 12.3.4.
12.New releases of the EDI interface may require re-certification of some or
all business scenarios. A determination as to the need for re-certification will be made
by the Qwest coordinator in conjunction with the release manager of each IMA EDI
release. Notice of the need for re-certification will be provided to CLEC as the new
release is implemented. The suite of re-certification test scenarios will be provided to
CLEC with the disclosure document. If CLEC is certifying multiple products or services
CLEC has the option of certifying those products or services serially or in parallel , where
Technically Feasible.
12.CLEC will contact the Qwest EDI Implementation Coordinator to initiate
the migration process. CLEC may not need to certify to every new EDI release,
however, CLEC must complete the re-certification and migration to the new EDI release
within six (6) months of the deployment of the new release. CLEC will use reasonable
efforts to provide sufficient support and personnel to ensure that issues that arise in
migrating to the new release are handled in a timely manner.
12.The following rules apply to initial development and certification
of EDI interface versions and migration to subsequent EDI interface versions:
12.Stand Alone and/or Interoperability testing must
begin on the prior release before the neXt release is implemented.
Otherwise, CLEC will be required to move its implementation plan to the
next release.
12.New EDI users must be certified and in production
with at least one (1) product and one (1) order activity type on a prior
release two (2) months after the implementation of the next release.
Otherwise, CLEC will be required to move its implementation plan to thenext release.
12.Any EDI user that has been placed into production
on the prior release not later than two (2) months after the next release
implementation may continue certifying additional products and activities
until two (2) months prior to the retirement of the release. To be placed
into production , the products/order activities must have been tested in the
SATE or Interoperability environment before two (2) months after the
implementation of the next release.
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12.CLEC will be expected to execute the re-certification test cases in the
stand alone and/or Interoperability test environments. CLEC will provide Purchase
Order Numbers (PONs) of the successful test cases to Qwest.
12.In addition to the testing set forth in other sections of Section 12., upon
request by CLEC , Qwest shall enter into negotiations for comprehensive production test
procedures. In the event that agreement is not reached, CLEC shall be entitled to
employ, at its choice, the Dispute Resolution procedures of this Agreement or expedited
resolution through request to the state Commission to resolve any differences. In such
cases, CLEC shall be entitled to testing that is reasonably necessary to accommodate
identified business plans or operations needs, accounting for any other testing relevant
to those plans or needs. As part of the resolution of such dispute, there shall be
considered the issue of assigning responsibility for the costs of such testing. Absent a
finding that the test scope and activities address issues of common interest to the CLEC
community, the costs shall be assigned to CLEC requesting the test procedures.
12.CLEC Support
12.10.Qwest shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. Qwest shall
provide to CLEC in writing any internal business rules and other formatting information
necessary to ensure that CLEC's requests and orders are processed efficiently. This
assistance will include , but is not limited to, contacts to the CLEC account team, training,
documentation , and CLEC Help Desk. Qwest will also supply CLEC with an escalation
level contact list in the event issues are not resolved via contacts to the CLEC account
team , training, documentation and CLEC Help Desk.
12.10.CLEC Help Desk
12.10.The CLEC Systems Help Desk will provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availability, and file outputs. The CLEC Systems Help Desk areas are furtherdescribed below.
12.10.Connectivity covers trouble with CLEC's access to
the Qwest system for hardware configuration requirements with relevance
to EDI and GUI interfaces; software configuration requirements with
relevance to EDI and GUI interfaces; modem configuration requirements,T1 configuration and dial-in string requirements firewall access
configuration , SecurlD configuration Profile Setup, and passwordverification.
12.10.System Availability covers system errors generated
during an attempt by CLEC to place orders or open trouble reports
through EDI and GUI interfaces. These system errors are limited to:
Resale/POTS; UNE POTS; Design Services and Repair.
12.10.File Outputs covers CLEC's output files and reports
produced from its usage and order activity. File outputs system errors are
limited to: Daily Usage File; Loss / Completion File, lABS Bill CRIS
Summary Bill , Category 11 Report and SAG/FAM Reports.
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12.10.Additional assistance to CLEC is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on Qwest's wholesale web
site. Qwest will provide Interconnect Service Center Help Desks which will provide a
single point of contact for CLEC to gain assistance in areas involving order submission
and manual processes.
12.Compensation/Cost Recovery
Recurring and nonrecurring OSS startup charges, as applicable, will be billed at rates set forth
in Exhibit A. Any such rates will be consistent with Existing Rules. Qwest shall not impose any
recurring or nonrecurring OSS start up charges unless and until the Commission authorizes
Qwest to impose such charges and/or approves applicable rates at the completion appropriate cost docket proceedings.
12.Maintenance and Repair
12.1 Service Levels
12.Qwest will provide repair and maintenance for all services covered by this
Agreement in substantially the same time and manner as that which Qwest provides for
itself, its End User Customers, its Affiliates, or any other party. Qwest shall provide
CLEC repair status information in substantially the same time and manner as Qwest
provides for its retail services.
12.During the term of this Agreement, Qwest will provide necessary
maintenance business process support to allow CLEC to provide similar service quality
to that provided by Qwest to itself, its End User Customers, its Affiliates, or any other
party.
12.Qwest will perform repair service that is substantially the same
timeliness and quality to that which it provides to itself, its End User Customers, its
Affiliates, or any other party. Trouble calls from CLEC shall receive response time
priority that is substantially the same as that provided to Qwest, its End User Customers
its Affiliates, or any other party and shall be handled in a nondiscriminatory manner.
12.2 Branding
12.Qwest shall use unbranded Maintenance and Repair forms while
interfacing with CLEC End User Customers. Upon request, Qwest shall use CLEC
provided and branded Maintenance and Repair forms. Qwest may not unreasonably
interfere with branding by CLEC.
12.Except as specifically permitted by CLEC, in no event shall Qwest provide
information to CLEC subscribers about CLEC or CLEC product or services.
12.This section shall confer on Qwest no rights to the service marks
trademarks and trade names owned by or used in connection with services offered by
CLEC or its Affiliates, except as expressly permitted by CLEC.
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12.3 Service Interruptions
12.The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Party, its affiliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
affiliated companies, or its connecting concurring Carriers involved in its services; 3)
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Party s facilities; or 4) create hazards to the employees
of either Party or to the public. Each of these requirements is hereinafter referred to as
an "Impairment of Service
12.If it is confirmed that either Party is causing an Impairment of Service , as
set forth in this Section, the Party whose network or service is being impaired (the
Impaired Party ) shall promptly notify the Party causing the Impairment of Service (the
Impairing Party ) of the nature and location of the problem. The Impaired Party shall
advise the Impairing Party that, unless promptly rectified , a temporary discontinuance of
the use of any circuit, facility or equipment may be required. The Impairing Party and
the Impaired Party agree to work together to attempt to promptly resolve the Impairment
of Service. If the Impairing Party is unable to promptly remedy the Impairment of
Service, the Impaired Party may temporarily discontinue use of the affected circuit
facility or equipment.
12.To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall designate a
repair center for such service.
12.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records
are normally located and where current status reports on any trouble reports are readily
available. If necessary, alternative out-of-hours procedures shall be established
ensure access to a location that is staffed and has the authority to initiate corrective
action.
12.Before either Party reports a trouble condition , it shall use its best efforts
to isolate the trouble to the other s facilities.
12.In cases where a trouble condition affects a significant portion of
the other s service, the Parties shall assign the same priority provided to CLEC
as itself, its End User Customers, its Affiliates, or any other party.
12.The Parties shall cooperate in isolating trouble conditions.
12.4 Trouble Isolation
12.3.4.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 services it provides to its End User
Customers to the extent the capability to perform such trouble isolation is available to
CLEC, prior to reporting trouble to Qwest. CLEC shall have access for testing purposes
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at the Demarcation Point, NID, or Point of Interface. Qwest will work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of Qwest's network. Qwest and CLEC will report trouble isolation
test results to the other. Each Party shall be responsible for the costs of performing
trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4.
12.When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service charge will apply if the trouble is found to be on the End User
Customer s side of the Demarcation Point. If the trouble is on the End User Customer
side of the Demarcation Point, and CLEC authorizes Qwest to repair trouble on CLEC'
behalf, Qwest will charge CLEC the appropriate Additional Labor Charge set forth in
Exhibit A in addition to the Maintenance of Service charge.
12.3.4.When CLEC elects not to perform trouble isolation and Qwest performs
tests at CLEC request, a Maintenance of Service Charge shall apply if the trouble is not
in Qwest's facilities , including Qwest'facilities leased by CLEC. Maintenance of
Service charges are set forth in Exhibit A. When trouble is found on Qwest's side of the
Demarcation Point, or Point of Interface during the investigation of the initial or repeat
trouble report for the same line or circuit within thirty (30) Days , Maintenance of Service
charges shall not apply.
12.Inside Wire Maintenance
Except where specifically required by state or federal regulatory mandates, or as may be
provided for under Section 6 of this Agreement, Qwest will not perform any maintenance of
inside wire (premises wiring beyond the End User Customer s Demarcation Point) for CLEC or
its End User Customers.
12.Testing/Test Requests/Coordinated Testing/UNEs
12.Where CLEC does not have the ability to diagnose and isolate trouble on
a Qwest line, circuit, or service provided in this Agreement that CLEC is utilizing to serve
an End User Customer, Qwest will conduct testing, to the extent testing capabilities are
available to Qwest, to diagnose and isolate a trouble in substantially the same time and
manner that Qwest provides for itself, its End User Customers, its Affiliates , or any other
party.
12.Prior to Qwest conducting a test on a line, circuit, or service provided in
this Agreement that CLEC is utilizing to serve an End User Customer, Qwest must
receive a trouble report from CLEC.
12.On manually reported trouble for non-designed services Qwest will
provide readily available test results to CLEC or test results to CLEC in accordance with
any applicable Commission rule for providing test results to End User Customers or
CLECs. On manually reported trouble for designed services provided in this Agreement
Qwest will provide CLEC test results upon request. For electronically reported trouble
Qwest will provide CLEC with the ability to obtain basic test results in substantially the
same time and manner that Qwest provides for itself, its End User Customers, its
Affiliates, or any other party.
12.6.4 CLEC shall isolate the trouble condition to Qwest's portion of the line
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circuit, or service provided in this Agreement before Qwest accepts a trouble report for
that line, circuit or service. Once Qwest accepts the trouble report from CLEC, Qwest
shall process the trouble report in substantially the same time and manner as Qwest
does for itself, its End User Customers, its Affiliates , or any other party.
12.Qwest shall test to ensure electrical continuity of all UNEs, including
Central Office Demarcation Point, and services it provides to CLEC prior to closing a
trouble report.
12.Work Center Interfaces
12.Qwest and CLEC shall work cooperatively to develop positive , close
working relationships among corresponding work centers involved in the trouble
resolution processes.
12.Misdirected Repair Calls
12.CLEC and Qwest will employ the following procedures for handling
misdirected repair calls:
12.CLEC and Qwest will provide their respective End User
Customers with the correct telephone numbers to call for access to their
respective repair bureaus.
12.End User Customers of GLEC shall be instructed to report all
cases of trouble to CLEC. End User Customers of Qwest shall be instructed to
report. all cases of trouble to Qwest.
12.To the extent - the correct provider can be determined
misdirected repair calls will be referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit Qwest or CLEC from discussing its products and services
with CLEC's or Qwest's End User Customers who call the other Party seeking
such information.
12.1.4 CLEC and Qwest will provide their respective repair contact
numbers to one another on a reciprocal basis.
12.In responding to repair calls , CLEC's End User Customers
contacting Qwest in error will be instructed to contact CLEC; and Qwest's End
User Customers contacting CLEC in error will be instructed to contact Qwest.
responding to calls, neither Party shall make disparaging remarks about each
other. To the extent the correct provider can be determined, misdirected calls
received by either Party will be referred to the proper provider of local Exchange
Service; however, nothing in this Agreement shall be deemed to prohibit Qwest
or CLEC from discussing its products and services with CLEC's or Qwest's End
User Customers who call the other Party seeking. such information.
12.Major Outages/Restoral/Notification
12.Qwest will notify CLEC of major network outages in substantially the
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same time and manner as it provides itself, its End User Customers, its Affiliates, or any
other party. This notification will be via e-mail to CLEC's identified contact. With the
minor exception of certain Proprietary Information such as Customer information, Qwest
will utilize the same thresholds and processes for external notification as it does for
internal purposes. This major outage information will be sent via e-mail on the same
schedule as is provided internally within Qwest. The em ail notification schedule shall
consist of initial report of abnormal condition and estimated restoration time/date
abnormal condition updates , and final disposition. Service restoration will be non-
discriminatory, and will be accomplished as quickly as possible according to Qwest
and/or industry standards.
12.Qwest will meet with associated personnel from CLEC to share contact
information and review Qwest's outage restoral processes and notification processes.
12.Qwest's emergency restoration process operates on a 7X24 basis.
12.Protective Maintenance
12.10.Qwest will perform scheduled maintenance of substantially the same type
and quality to that which it provides to itself, its End User Customers, its Affiliates, or any
other party.
12.10.Qwest will work cooperatively with CLEC to develop industry-wide
processes to provide as much notice as possible to CLEC of pending maintenance
activity. Qwest shall provide notice of potentially CLEC Customer impacting
maintenance activity, to the extent Qwest can determine such impact, and negotiate
mutually agreeable dates with CLEC in substantially the same time and manner as it
does for itself, its End User Customers, its Affiliates, or any other party.
12.10.Qwest shall advise CLEC of non-scheduled maintenance testing,
monitoring, and surveillance activity to be performed by Qwest on any services
including, to the extent Qwest can determine, any hardware , equipment, software , or
system providing service functionality which may potentially impact CLEC and/or CLEC
End User Customers. Qwest shall provide the maximum advance notice of such non-
scheduled maintenance and testing activity possible, under the circumstances; provided
however, that Qwest shall provide emergency maintenance as promptly as possible to
maintain or restore service and shall advise CLEC promptly of any such actions it takes.
12.Hours of Coverage
12.11.1 Qwest's repair operation is seven (7) Days a week, twenty-four (24) hours
a day. Not all functions or locations are covered with scheduled employees on a 7X24
basis. Where such 7X24 coverage is not available , Qwest's repair operations center
(always available 7X24) can call-out technicians or other personnel required for the
identified situation.
12.Escalations
12.12.Qwest will provide trouble escalation procedures to CLEC. Such
procedures will be substantially the same type and quality as Qwest employs for itself
its End User Customers, its Affiliates, or any other party. Qwest escalations are manual
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processes.
12.12.Qwest repair escalations may be initiated by either calling the trouble
reporting center or through the electronic interfaces. Escalations sequence through five
tiers: tester, duty supervisor, manager, director, vice president. The first escalation point
is the tester. CLEC may request escalation to higher tiers in its sole discretion.
Escalations status is available through telephone and the electronic interfaces.
12.12.Qwest shall handle chronic troubles on non-designed services, which are
those greater than three (3) troubles in a rolling thirty (30) Day period , pursuant to
Section 12.
12.Dispatch
12.13.Qwest will provide maintenance dispatch personnel in substantially the
same time and manner as it provides for itself, its End User Customers, its Affiliates, or
any other party.
12.13.Upon the receipt of a trouble report from CLEC, Qwest will follow internal
processes and industry standards, to resolve the repair condition. Qwest will dispatch
repair personnel on occasion to repair the condition. It will be Qwest's decision whether
or not to send a technician out on a dispatch. Qwest reserves the right to make this
dispatch decision based on the best information available to it in the trouble resolution
process. It is not always necessary to dispatch to resolve trouble; should CLEC require
a dispatch when Qwest believes the dispatch is not necessary, appropriate charges will
be billed by Qwest to CLEC for those dispatch-related costs in accordance with Exhibit A
if Qwest can demonstrate that the dispatch was in fact unnecessary to the clearance of
trouble or the trouble is identified to be caused by CLEC facilities or equipment.
12.13.For POTS lines and designed service circuits , Qwest is responsible for all
Maintenance and Repair of the line or circuit and will make the determination to dispatch
to locations other than the CLEC Customer premises without prior CLEC authorization.
For dispatch to the CLEC Customer premises Qwest shall obtain prior CLEC
authorization with the exception of major outage restoration , cable rearrangements, andMTE terminal maintenance/replacement.
12.Electronic Reporting
12.14.CLEC may submit Trouble Reports through the Electronic Bonding or GUI
interfaces provided by Qwest.
12.14.The status of manually reported trouble may be accessed by CLEC
through electronic interfaces.
12.Intervals/Parity
12.15.Similar trouble conditions, whether reported on behalf of Qwest End User
Customers or on behalf of CLEC End User Customers, will receive commitment intervals
in substantially the same time and manner as Qwest provides for itself, its End User
Customers, its Affiliates, or any other party.
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12.Jeopardy Management
12.16.Qwest will notify CLEC , in substantially the same time and manner as
Qwest provides this information to itself, its End User Customers , its Affiliates, or any
other party, that a trouble report commitment (appointment or interval) has been or is
likely to be missed. At CLEC option , notification may be sent by email or fax through the
electronic interface. CLEC may telephone Qwest repair center or use the electronic
interfaces to obtain jeopardy status.
12.Trouble Screening
12.17.CLEC shall screen and test its End User Customer trouble reports
completely enough to insure, to the extent possible, that it sends to Qwest only trouble
reports that involve Qwest facilities. For services and facilities where the capability to
test all or portions of the Qwest network service or facility rest with Qwest, Qwest will
make such capability available to CLEC to perform appropriate trouble isolation and
screening.
12.17.Qwest will cooperate with CLEC to show CLEC how Qwest screens
trouble conditions in its own centers, so that CLEC may employ similar techniques in its
centers.
12.Maintenance Standards
12.18.Qwest will cooperate with CLEC to meet the maintenance standards
outlined in this Agreement.
12.18.On manually reported trouble , Qwest will inform CLEC of repair
completion in substantially the same time and manner as Qwest provides to itself, its
End User Customers, its Affiliates, or any other party. On electronically reported trouble
reports the electronic system will automatically update status information, including
trouble completion , across the joint electronic gateway as the status changes.
12.End User Customer Interface Responsibilities
12.19.CLEC will be responsible for all interactions with its End User Customers
including service call handling and notifying its End User Customers of trouble status
and resolution.
12.19.All Qwest employees who perform repair service for CLEC End User
Customers will be trained in non-discriminatory behavior.
12.19.Qwest will recognize the designated CLEC/DLEC as the Customer of
Record for all services ordered by CLEC/DLEC and will send all notices, invoices and
pertinent information directly to CLEC/DLEC. Except as otherwise specifically provided
in this Agreement, Customer of Record shall be Qwest's single and sole point of contact
for all CLEC/DLEC End User Customers.
12.Repair Call Handling
12.20.Manually-reported repair calls by CLEC to Qwest will be answered with
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the same quality and speed as Qwest answers calls from its own End User Customers.
12.Single Point of Contact
12.21.Qwest will provide a single point of contact for CLEC to report
maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a
day. A single 7X24 trouble reporting telephone number will be provided to CLEC for
each category of trouble situation being encountered.
12.Network Information
12.22.Qwest maintains an information database, available to CLEC for the
purpose of allowing CLEC to obtain information about Qwest's NPAs , LA T As, Access
Tandem Switches and Central Offices.
12.22.This database is known as the ICONN database, available to CLEC via
Qwest's Web site.
12.22.
database.
CPNI Information and NXX activity reports are also included in this
12.22.4 ICONN data is updated in substantially the same time and manner as
Qwest updates the same data for itself, its End User Customers, its Affiliates, or any
other party.
12.Maintenance Windows
12.23.Generally, Qwest performs major Switch maintenance activities off-hours
during certain "maintenance windows Major Switch maintenance activities include
Switch conversions, Switch generic upgrades and Switch equipment additions.
12.23.Generally, the maintenance window is between 10:00 p.m. through 6:00
m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.
Mountain Time. Although Qwest normally does major Switch maintenance during the
above maintenance window, there will be occasions where this will not be possible.
Qwest will provide notification of any and all maintenance activities that may impact
CLEC ordering practices such as embargoes, moratoriums, and quiet periods
substantially the same time and manner as Qwest provides this information to itself, its
End User Customers, its Affiliates, or any other party.
12.23.Intentionally Left Blank.
12.23.4 Planned generic upgrades to Qwest Switches are included in the ICONN
database, available to CLEC via Qwest's Web site.
12.Switch and Frame Conversion Service Order Practices
12.24.Switch Conversions. Switch conversion activity generally consists of the
removal of one Switch and its replacement with another. Generic Switch software or
hardware upgrades, the addition of Switch line and trunk connection hardware and the
apdition of capacity to a Switch do not constitute Switch conversions.
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12.24.Frame Conversions. Frame conversions are generally the removal and
replacement of one or more frames , upon which the Switch Ports terminate.
12.24.Conversion Date. The "Conversion Date" is a Switch or frame conversion
planned day of cut-over to the replacement frame(s) or Switch. The actual conversion
time typically is set for midnight of the Conversion Date. This may cause the actual
Conversion Date to migrate into the early hours of the day after the planned Conversion
Date.
12.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the
time period that the Switch or frame Trunk Side facility connections are frozen to
facilitate conversion from one Switch or frame to another with minimal disruption to the
End User Customer or CLEC services. During the embargo period, Qwest will reject
orders for Trunk Side facilities (see Section 12.24.4.1) other than conversion orders
described in Section 12.24.4.3. Notwithstanding the foregoing and to the extent Qwest
provisions trunk or trunk facility related service orders for itself, its End User Customers
its Affiliates, or any other party during embargoes , Qwest shall provide CLEC the same
capabilities.
12.24.4.ASRs for Switch or frame Trunk Side facility augments to
capacity or changes to Switch or frame Trunk Side facilities must be issued by
CLEC with a Due Date prior to or after the appropriate embargo interval as
identified in the ICONN database. Qwest shall reject Switch or frame Trunk Side
ASRs to augment capacity or change facilities issued by CLEC or Qwest, its End
User Customers, its Affiliates or any other party during the embargo period
regardless of the order s Due Date except for conversion ASRs described in
Section 12.24.4.
12.24.4.For Switch and Trunk Side frame conversions Qwest shall
provide CLEC with conversion trunk group service requests (TGSR) no less than
ninety (90) Days before the Conversion Date.
12.24.4.For Switch and Trunk Side frame conversions, CLEC shall issue
facility conversion ASRs to Qwest no later than thirty (30) Days before the
Conversion Date for like-for-like, where CLEC mirrors their existing circuit design
from the old Switch or frame to the new Switch or frame, and sixty (60) Days
before the Conversion Date for addition of trunk capacity or modification of circuit
characteristics (i.e., change of AMI to B8ZS).
12.24.Frame Embargo Period. During frame conversions , service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the
affected frame. For conversion of trunks where CLEC mirrors their existing circuit
design from the old frame to the new frame on a like-for-like basis, such embargo period
shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after
the Conversion Date. If CLEC requests the addition of trunk capacity or modification of
circuit characteristics (i.e., change of AMI to B8ZS) to the new frame, new facility ASRs
shall be placed , and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period Qwest shall identify the particular dates and locations for frame
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party.
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12.24.Switch Embargo Period. During Switch conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities associated with
the Trunk Side of the Switch. For conversion of trunks where CLEC mirrors their
existing circuit design from the old Switch to the new Switch on a like-for-like basis , such
embargo period shall extend from thirty (30) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or
modification of circuit characteristics to the new Switch new facility ASRs shall be
placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period Qwest shall identify the particular dates and locations for Switch
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party.
12.24.Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame
conversion quiet periods are the time period within which LSRs may not contain Due
Dates, with the exception of LSRs that result in disconnect orders, including those
related to LNP orders, record orders, Billing change orders for non-switched products,
and emergency orders.
12.24.. LSRs of any kind issued during Switch or frame conversion quiet-
periods create the potential for loss of End User Customer service due to manual
operational processes caused by the Switch or frame conversion. LSRs of any
kind issued during the Switch or frame conversion quiet periods will be handled
as set forth below, with the understanding that Qwest shall use its best efforts to
avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as Qwest uses for itself, its End User
Customers , its Affiliates, or any other party.
12.24.The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.24.7 are processed for the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion and is identified in the ICONN database.
12.24.The quiet period for frame conversions, where no LSRs except
those requesting order activity described in 12.24.7 are processed or the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion.
12.24.7.4 LSRs, except those requesting order activity described
12.24., (i) must be issued with a Due Date prior to or after the conversion
quiet period and (ii) may not be issued during the quiet period. LSRs that do not
meet these requirements will be rejected by Qwest.
12.24.LSRs requesting disconnect activity issued during the quiet
period , regardless of requested Due Date, will be processed after the quiet
period expires.
12.24.CLEC may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the
Day prior to the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change. Such changes shall
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be handled as emergency orders by Qwest.
12.24.CLEC may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the
Day after the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change and contacting the
Interconnect Service Center. Such changes shall be handled as emergency
orders by Qwest.
12.24.In the event that CLEC End User Customer service is
disconnected in error, Qwest will restore service in substantially the same time
and manner as Qwestdoes for itself, its End User Customers, its Affiliates, or
any other party. Restoration of CLEC End User Customer service will be
handled through the LNP escalations process.
12.24.Switch Upgrades. Generic Switch software and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above.
such generic Switch or software upgrades require significant activity related to
translations, an abbreviated embargo and/or quiet period may be required. Qwest shall
implement service order embargoes and/or quiet periods during Switch upgrades
substantially the same time and manner as Qwest does for itself its End User
Customers , its Affiliates, and any other party.
12.24.Switch Line and Trunk Hardware Additions. Qwest shall use its best
efforts to minimize CLEC service order impacts due to hardware additions and
modifications to Qwest's existing Switches. Qwest shall provide CLEC substantially the
same service order processing capabilities as Qwest provides itself, its End User
Customers, Affiliates, or any other party during such Switch hardware additions.
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Section 13
Access to Telephone Numbers
Section 13.0 - ACCESS TO TELEPHONE NUMBERS
13.Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party s right to request an assignment of any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling. Administration
Guidelines INC 99-0127 -023 when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines will be considered the current
standard.
13.North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with industry guidelines and Commission rules
including those sections requiring the accurate reporting of data to the NANPA.
13.It shall be the responsibility of each Party to program and update its own
Switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to
recognize and route traffic to the other Party s assigned NXX or NXX-X codes. Neither Party
shall impose any fees or charges on the other Party for such activities. The Parties will
cooperate to establish procedures to ensure the timely activation of .NXX assignments in their
respective networks.13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party is
responsible for updating the LERG data for NXX codes assigned to its End Office Switches.
Each Party shall use the LERG published by T elcordia or its successor for obtaining routing
information and shall provide through an authorized LERG input agent, all required information
regarding its network for maintaining the LERG in a timely manner.
13.Each Party shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction of
new NPAs.
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Section 14
Local Dialing Parity
Section 14.0 - LOCAL DIALING PARITY
14.The Parties shall provide local Dialing Parity to each other as required under
Section 251 (b )(3) of the Act. Qwest will provide local Dialing Parity to competing providers of
Telephone Exchange Service and telephone toll service, and will permit all such providers to
have non-discriminatory access to telephone numbers, operator services , Directory Assistance
and Directory Listings , with no unreasonable dialing delays. CLEC may elect to route all of its
End User Customers' calls in the same manner as Qwest routes its End User Customers. calls,
for a given call type (e., 0, 0+411).
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Section 15
Owest's Official Directory Publisher
Section 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER
15.Qwest and CLEC agree that certain issues outside the provision of basic white page
Directory Listings , such as yellow pages advertising, yellow pages Listings, directory coverage
access to call guide pages (phone service pages), applicable Listings criteria , white page
. enhancements and publication schedules will be the subject of negotiations between CLEC and
directory publishers, including Qwest's Official Directory Publisher. Qwest acknowledges that
CLEC may request Qwest to facilitate discussions between CLEC and Qwest's Official Directory
Publisher.
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Section 16
Referral Announcement
Section 16.0 - REFERRAL ANNOUNCEMENT
16.When an End User Customer changes from Qwest to CLEC , or from CLEC to
Qwest, and does not retain its original main/listed telephone number, the Party formerly
providing service to the End User Customer will provide a transfer of service announcement on
the abandoned telephone number. Each Party will provide this referral service consistent with
its tariff. This announcement will provide details on the new number that must be dialed to
reach the End User Customer.
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Section 17
Bona Fide Request Process
Section 17.0 - BONA FIDE REQUEST PROCESS
17.Any request for Interconnection or access to an Unbundled Network Element or
ancillary service that is not already available as described in other sections of this Agreement
including but not limited to Exhibit F or any other interconnection agreement, Tariff or otherwise
defined by Qwest as a product or service shall be treated as a Bona Fide Request (BFR).
Qwest shall use the BFR Process to determine the terms and timetable for providing the
requested Interconnection, access to UNEs or ancillary services, and the technical feasibility of
new/different points of Interconnection. Qwest will administer the BFR Process in a non-
discriminatory manner.
17.A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs.
CLEC and Qwest may work together to prepare the BFR form and either Party may request that
such coordination be handled on an expedited basis. This form shall be accompanied by the
processing fee specified in Exhibit A of this Agreement. Qwest will refund one-half (1/2) of the
processing fee if the BFR is cancelled within ten (10) business days of the receipt of the BFR
form. The form will request, and CLEC will need to provide, the following information, and may
also provide any additional information that may be reasonably necessary in describing and
analyzing CLEC's request:
17.technical description of each requested Network Element or
new/different points of Interconnection or ancillary services;
17.the desired interface specification;
17.each requested type of Interconnection or access;
17.2.4 a statement that the Interconnection or Network Element or ancillary
service will be used to provide a Telecommunications Service;
17.the quantity requested; and
17.the specific location requested.
17.Within two (2) business days of its receipt, Qwest shall acknowledge receipt of the
BFR and in such acknowledgment advise CLEC of missing information , if any, necessary to
process the BFR. Thereafter, Qwest shall promptly advise CLEC of the need for any additional
information required to complete the analysis of the BFR. If requested, either orally or in writing,
Qwest will provide weekly updates on the status of the BFR.17.4 Within twenty-one (21) calendar Days of its receipt of the BFR and all information
necessary to process it, Qwest shall provide to CLEC an analysis of the BFR. The analysis
shall specify Qwest's conclusions as to whether or not the requested Interconnection or access
to an Unbundled Network Element complies with the unbundling requirements of the Act or
state law.
17.If Qwest determines during the twenty-one (21) Day period that a BFR does not
qualify as an Unbundled Network Element or Interconnection or ancillary service that is required
to be provided under the Act or state law, Qwest shall advise CLEC as soon as reasonably
possible of that fact, and Qwest shall promptly, but in no case later than the twenty-one (21)
Day period , provide a written report setting forth the basis for its conclusion.
17.If Qwest determines during such twenty-one (21) Day period that the BFR
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Section 17
Bona Fide Request Process
qualifies under the Act or state law, it shall notify CLEC in writing of such determination within
ten (10) calendar Days, but in no case later than the end of such twenty-one (21) Day period.
17.As soon as feasible, but in any case within forty-five (45) calendar Days after
Qwest notifies CLEC that the BFR qualifies under the Act, Qwest shall provide to CLEC a BFR
quote. The BFR quote will include, at a minimum, a description of each Interconnection
Network Element, and ancillary service , the quantity to be provided, any interface specifications
and the applicable rates (recurring and nonrecurring) including the separately stated
development costs and construction charges of the Interconnection , Unbundled Network
Element or ancillary service and any minimum volume and term commitments required, and the
timeframes the request will be provisioned.
17.CLEC has sixty (60) business days upon receipt of the BFR quote, to either agree
to purchase under the quoted price, or cancel its BFR.
17.If CLEC has agreed to minimum volume and term commitments under the
preceding paragraph , CLEC may cancel the BFR or volume and term commitment at any time,
but may be subject to termination liability assessment or minimum period charges.
17.10 If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
17.11 All time intervals within which a response is required from one Party to another
under this Section are maximum time intervals. Each Party agrees that it will provide all
responses to the other Party as soon as the Party has the information and analysis required to
respond, even if the time interval stated herein for a response is not over.
17.12 In the event CLEC has submitted a request for Interconnection , Unbundled
Network Elements or any combinations thereof, or ancillary services and Qwest determines in
accordance with the provisions of this Section 17 that the request is Technically Feasible
subsequent requests or orders for substantially similar types of Interconnection Unbundled
Network Elements or combinations thereof or ancillary services by CLEC shall not be subject to
the BFR process. To the extent Qwest has deployed or denied a substantially similar
Interconnection Unbundled Network Elements or combinations thereof or ancillary services
under a previous BFR, a subsequent BFR shall not be required and the BFR application fee
shall be refunded immediately. Qwest may only require CLEC to complete a New Product
Questionnaire before ordering such Interconnection, Unbundled Network Elements or
combinations thereof, or ancillary services. 1GB pricing and intervals will still apply for requests
that are not yet standard offerings. For purposes of this Section 17., a "substantially similar
request shall be one with substantially similar characteristics to a previous request with respect
to the information provided pursuant to Subsections 17.1 through 17.8 of Section 17.
above. The burden of proof is upon Qwest to prove the BFR is not substantially similar to a
previous BFR.
17.13 The total cost charged to CLEC shall not exceed the BFR quoted price.
17.14 Upon request Qwest shall provide CLEC with Qwest's supporting cost data
and/or studies for the Interconnection Unbundled Network Element or ancillary service that
CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a
release from its vendors within seven (7) business days , in which case Qwest will make the data
available as soon as Qwest receives the vendor release. Such cost data shall be treated as
Confidential Information, if requested by Qwest under the non-disclosure sections of this
Ag reement.
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Bona Fide Request Process
17.15 Qwest will provide notice to CLECs of all BFRs which have been deployed or
denied, provided, however, that identifying information such as the name of the requesting
CLEC and the location of the request shall be removed. Qwest shall make available a topical
list of the BFRs that it has received from CLECs.. The description of each item on that list shall
be sufficient to allow CLEC to understand the general nature of the product, service, or
combination thereof that has been requested and a summary of the disposition of the request as
soon as it is made. Qwest shall also be required upon the request of CLEC to provide $ufficient
details about the terms and conditions of any granted requests to allow CLEC to take the same
offering under substantially identical circumstances. Qwest shall not be required to provide
information about the request initially made by CLEC whose BFR was granted , but must make
available the same kinds of information about what it offered in response to the BFR as it does
for other products or services available under this Agreement. CLEC shall be entitled to the
same offering terms and conditions made under any granted BFR, provided that Qwest may
require the use of 1GB pricing where it makes a demonstration to CLEC of the need therefor.
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Section 18
Audit Process
Section 18.0 - AUDIT PROCESS
18.Nothing in this Section 18 shall limit or expand the Audit provisions in the
Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the Audit
provisions in this Section 18. For purposes of this section the following definitions shall apply:
18.1 "Audit" shall mean the comprehensive review of the books, records , and
other documents used in the Billing process for services performed , including, without
limitation , reciprocal compensation and facilities provided under this Agreement.
18.2 "Examination" shall mean an inquiry into a specific element or process
related to the above. Commencing on the Effective Date of this Ag~eement, either Party
may perform Examinations as either Party deems necessary.
18.This Audit shall take place under the following conditions:
18.Either Party may request to perform an Audit or Examination.
18.The Audit or Examination shall occur upon thirty (30) business days
written notice by the requesting Party to the non-requesting Party.
18.The Audit or Examination shall occur during normal business hours.
However, such Audit will be conducted in a commercially reasonable manner and both
Parties will work to minimize disruption to the business operations of the Party being
audited.
18.2.4 There shall be no more than two (2) Audits requested by each Party
under this Agreement in any twelve (12) month period. Either Party may audit the other
Party s books , records and documents more frequently than twice in any twelve (12)
month period (but no more than once in each quarter) if the immediately preceding audit
found previously uncorrected net variances , inaccuracies or errors in invoices in the
audited Party s favor with an aggregate value of at least two percent (20/0) of the
amounts payable for the affected services during the period covered by the Audit.
18.The requesting Party may review the non-requesting Party s records
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
18.The location of the Audit or Examination shall be the location where the
requested records, books and documents are retained in the normal course of business.
18.All transactions under this Agreement which are over twenty-four (24)
months old will be considered accepted and no longer subject to Audit. The Parties
agree to retain records of all transactions under this Agreement for at least twenty-four
(24) months.
18.Audit or Examination Expenses
18.Each Party shall bear its own expenses in connection with
conduct of the Audit or Examination. The requesting Party will pay for the
reasonable cost of special data extractions required by the Party to conduct the
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Audit Process
Audit or Examination. For purposes of this section, a "Special Data Extraction
means the creation of an output record or informational report (from existing data
files) that is not created in the normal course of business. If any program is
developed to the requesting Party s specification and at that Party s expense, the
requesting Party will specify at the time of request whether the program is to be
retained by the other Party for reuse for any subsequent Audit or Examination.
18.Notwithstanding the foregoing, the non-requesting Party shall
pay all of the requesting Party s commercially reasonable expenses in the event
an Audit or Examination identifies a difference between the amount billed and the
amount determined by the Audit that exceeds five percent (50/0) of the amount
billed and results in a refund and/or reduction in the Billing to the requesting
Party.
18.The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor, which agreement will not be unreasonably
withheld or delayed by the non-requesting Party. Under this circumstance, the costs of
the independent auditor shall be paid for by the Party requesting the Audit subject to
Section 18.
18.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties. The portion of this expenSe borne by the
requesting Party shall be borne by the non-requesting Party if the terms of Section
18.2 are satisfied.
18.11 Adjustments , credits or payments will be made and any corrective action
must commence within thirty (30) Days after the Parties' receipt of the final Audit report
to compensate for any errors and omissions which are disclosed by such Audit or
Examination and are agreed to by the Parties. The interest rate payable shall be in
accordance with Commission requirements. In the event that any of the following
circumstances occur within thirty (30) business days after completion of the Audit or
Examination, they may be resolved at either Party s election, pursuant to the Dispute
Resolution Process; (i) errors detected by the Audit or Examination have not been
corrected; (ii) adjustments, credits or payments due as a result of the Audit or
Examination have not been made , or (iii) a dispute has arisen concerning the Audit or
Examination.
18.12 Neither the right to examine and Audit nor the right to receive
adjustment will be affected by any statement to the contrary appearing on checks or
otherwise.
18.13 This Section will survive expiration or termination of this Agreement for a
period of two (2) years after expiration or termination of the Agreement.
18.All information received or reviewed by the requesting Party or the' independent
auditor in connection with the Audit is to be considered Proprietary Information as defined by
this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non-
employee who is involved directly or indirectly in any Audit or the resolution of its findings as
described above to execute a nondisclosure agreement satisfactory to the non-requesting Party.
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Section 18
Audit Process
To the extent an Audit involves access to information of other competitors, CLEC and Qwest will
aggregate such competitors' data before release to the other Party, to insure the protection of
the proprietary nature of information of other competitors. To the extent a 'competitor is an
Affiliate of the Party being audited (including itself and its subsidiaries), the Parties shall be
allowed to examine such Affiliate s disaggregated data, as required by reasonable needs of the
Audit. Information provided in an Audit or Examination may only be reviewed by individuals with
a need to know such information for purposes of this Section 18 and who are bound by the
nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information
be shared with the Parties' retail marketing, sales or strategic planning.
18.Either Party may request an Audit of the other s compliance with this
Agreement's measures and requirements applicable to limitations on the distribution
maintenance, and use of proprietary or other protected information that the requesting
Party has provided to the other. Those Audits shall not take place more frequently than
once in every three (3) years, unless cause is shown to support a specifically requested
Audit that would otherwise violate this frequency restriction. Examinations will not be
permitted in connection with investigating or testing such compliance. All those other
provisions of this Section 18 that are not inconsistent herewith shall apply, except that in
the case of these Audits , the Party to be audited may also request the use of
independent auditor.
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Section 19
Construction Charges
Section 19.0 - CONSTRUCTION CHARGES
19.All rates , charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services and access to Unbundled Loops
or ancillary services to the extent existing facilities are available. Except for modifications to
existing facilities necessary to accommodate Interconnection and access to Unbundled Loops
or ancillary services specifically provided for in this Agreement, Qwest will consider requests to
build additional or further facilities for network Interconnection and access to' Unbundled Loops
or ancillary services, as described in the applicable section of this Agreement.
19.All necessary construction will be undertaken at the discretion of Qwest
consistent with budgetary responsibilities, consideration for the impact on the general body of
End User Customers and without discrimination among the various Carriers.
19.A quote for CLEC's portion of a specific job will be provided to CLEC. The quote
will be in writing and will be binding for ninety (90) business days after the issue date. When
accepted , CLEC will be billed the quoted price and construction will commence after receipt of
payment. If CLEC chooses not to have Qwest construct the facilities, Qwest reserves the right
to bill CLEC for the expense incurred for producing the engineered job design.19.4 In the event a construction charge is applicable , CLEC's service Application Date
will become the date upon which Qwest receives the required payment.
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Section 20
Service Performance
Section 20.0 - SERVICE PERFORMANCE
Performance Indicator Definitions (PI Os), in their current form as developed by the Regional
Oversight Committee, are included in Exhibit B of this Agreement. Subsequent changes to
these PIDs that are made by the Regional Oversight Committee shall be incorporated into
Exhibit B by reference. Modifications of PIDs that apply to the Qwest Performance Assurance
Plan (QPAP) shall be made in accordance with Section 16.0 of Exhibit K.
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Section 21
Network Standards
Section 21.0 - NETWORK STANDARDS
21.The Parties recognize that Qwest services and Network Elements have been
purchased and deployed , over time, to T elcordia and Qwest technical standards. Specification
of standards is built into the Qwest purchasing process, whereby vendors incorporate such
standards into the equipment Qwest purchases. Qwest supplements generally held industry
standards with Qwest Technical Publications.
21.The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to Persons or property.
21.Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:
21.Switching
GR 1428-CORE Common Channel Signaling Network Interface Specification
(CCSNIS) Supporting Toll Free Service
GR 1432-CORE CCSNIS Supporting TCAP
GR 317-CORE Call Control Using Integrated Services Network Digital User Part
(ISDNUP)
GR 905-CORE CCSNIS Supporting Network Interconnection , Message Transfer
Part (MTP), and ISUP
GR 1357-CORE Switched Fractional DS1
TR-TSY-000540 Tandem Supplement
GR 305-CORE
GR 1429-CORE CCSNIS Supporting Call Management Services
FR-64 LATA Switching System Generic Requirement (LSSGR)
GR 334-CORE Switched Access Service
TR-NWT -000335 Voice Grade Special Access Services
TR-TSY-000529 Public Safety LSSGR
TR-NWT -000505 LSSGR Call Processing
FR-NWT -000271 OSSGR
TR-NWT -001156 OSSGR Operator Subsystem
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21.
21.
21.3.4
Section 21
Network Standards
SR-TSY-001171 Methods and Procedures for System Reliability Analysis
Transport
FR-440 Transport System Generic Requirements (TSGR)
TR-NWT -000499 (TSGR) Transport Systems Generic Requirements
GR 253-CORE Synchronous Optical Network Systems (SONET) Transport
Systems: Common Generic Criteria
TR-NWT -000507 LSSGR: Transmission
TR-NWT-000776 NID for ISDN Subscriber Access
GR 342-CORE High Capacity Digital Special Access Service
ST-TEC 000051 52 Telecommunications
Handbooks Volumes 1 & 2
Transmission Engineering
ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface, Annex B
Loops
TR-NWT-000057 Functional Criteria for Digital Loop Carrier (IDLC) Systems
TR-NWT -000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR 253-CORE SONET Transport Systems: Common Generic Criteria
TR-TSY-000673 Operations Interface for an IDLC System
GR 303-CORE Integrated Digital Loop Carrier System Generic Requirements
TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier
System and a Local Digital Switch
TA-TSY-000120 Subscriber Premises or Network Ground Wire
GR 49-CORE Generic Requirements for Outdoor Telephone Network Interface
Devices (NID)
TR-NWT -000937 Generic Requirements for Building Entrance Terminals
TR-NWT-000133 Generic Requirements for Network Inside Wiring
ANSI T1.417, Spectrum Management for Loop Transmission Systems
Local Number Portability
Number Portability Generic Switching and Signaling Requirements for Number
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Section 21
Network Standards
Portability, Issue 1., February 12, 1996 (Editor - Lucent Technologies, Inc.
Generic Requirements for SCP Application and GTT Function for Number
Portability, Issue 0., Final Draft, September 4, 1996 (Editor - Ameritech Inc.
Generic Operator Services Switching Requirements for Number Portability, Issue
, Final Draft, April 12, 1996 (Editor - Nortel);
A TIS TRQ No., Technical Requirements for Number Portability Operator
Services Switching Systems, April 1999;
ATIS TRQ No., Technical Requirements for Number Portability Switching
Systems, April 1999;
A TIS, TRQ No., Technical Requirements for Number Portability Database and
Global Title Translation , April 1999;
FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC
96-286; CC Docket 95-116, RM 8535; Released July 2 , 1996;
FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC
Docket 95-116, RM 8535; Released March 11 , 1997.
FCC Second Report and Order FCC 97-298; CC Docket 95-116, RM 8535;
Released August 18 , 1997.21.4 The Parties will cooperate in the development of national standards for
Interconnection elements as the competitive environment evolves. Recognizing that there are
no current national standards for Interconnection Network Elements , Qwest has developed its
own standards for some Network Elements. Details of these standards are documented in the
Qwest Technical Publications. Qwest Technical Publications have been developed to support
service offerings, inform End User Customers and suppliers, and promote engineering
consistency and deployment of developing technologies. Qwest provides all of its Technical
Publications at no charge via web site: http://www.qwest.com/techpub/.
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Section 22
Signature Page
Section 22.0 - SIGNATURE PAGE
By signing below, and in consideration of the mutual promises set forth herein, and other good
and valuable consideration, the Parties agree to abide by the terms and conditions set forth in
this Interconnection Agreement.
Qwest Corporation
Signature Signature
Name Printed/Typed
L. T. Christensen
Name Printed/Typed~~b8J
Title
Director - Interconnection AQreements
Title
!t2-kS-
Date
1..?
Date
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