Loading...
HomeMy WebLinkAbout20050801Application Part III.pdfPO-7 - Billing Completion Notification Timeliness (continued) Exclusions: PO-, 78 & 7C Services that are not billed through CRIS, e.g. Resale Frame Relay. Records with invalid completion dates. PO-7A & 78 . LSRs submitted manually. . ASRs submitted via EXACT. Product Reporting: Aggregate reporting for all products ordered through IMA- GUI and , separately, IMA-EDI (see disaggregation reporting). Standard: PO- 7 A and -78: Parity with PO- Availability: Available Notes: Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit 8 November 30, 2004 Page 19 PO-8 - Jeopardy Notice Interval Purpose: Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates jeopardy notifications are provided to CLECs (regardless of whether the due date was actually missed). Description: Measures the average time lapsed between the date the customer is first notified of an order jeopardy event and the original due date of the order. Includes all orders completed in the reporting period that received jeopardy notifications. Reporting Period: One month Unit of Measure: Average Business da s NU I t: 1 Reporting Comparisons: CLEC aggregate, individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. (This measure is reported by jeopardy notification process as used for the categories shown under Product Reporting. ) Formula: (L(Date of the original due date of orders completed in the reporting period that received jeopardy notification - Date of the first jeopardy notification) + Total orders completed in the reporting period that received jeopardy notification) Exclusions: Jeopardies done after the original due date is past. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missinq data essential to the calculation of the measurement per the PID.Product Reporting: Standards: A Non-Designed Services A. Parity with Retail POTS Unbundled Loops (with or without Parity with Retail POTS Number Portability) LIS Trunks D UNE-P (POTS) Parity with Feature Group D (FGD) services Parity with Retail POTS Availability: Available Notes: 1. For PO-8A and -, Saturday is counted as a business day for all non-dispatched orders for Resale Residence , Resale Business, and UNE- (POTS), as well as for the retail analogues specified above as standards. For dispatched orders for Resale Residence, Resale Business and UNE-P (POTS) and for all other products reported under PO-8B and -, Saturday is counted as a business day when the service order is due on Saturday. Qwest IdahoSGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 20 PO-9 - Timely Jeopardy Notices Purpose: When original due dates are missed , measures the extent to which Qwest notifies customers In advance of jeopardized due dates. Description: Measures the percentage of late orders for which advance jeopardy notification is provided. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed in the reporting period that missed the original due date. ange order types included in this measurement consist of all C orders representing inward activit Missed due date orders with jeopardy notifications provided on or after the original due date is past will be counted in the denominator of the formula but will not be counted in the numerator. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate, individual CLEC and Qwest Retail results Formula: ((Total missed due date orders completed in the reporting period that received jeopardy notification in advance of original due date) + (Total number of missed due date orders completed in the reporting period)) x 100 Disaggregation Reporting: Statewide level. (This measure is reported by jeopardy notification process as used for the cateqories shown under Product Reporting. Exclusions: Orders missed for customer reasons. Records with invalid product codes. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting: A Non-Designed Services Unbundled Loops (with or without Number Portability) LIS Trunks D UNE-P (POTS) Standards: Parity with Retail POTS Parity with Retail POTS Parity with Feature Group D (FGD) Services Parity with Retail POTS Availability:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 21 PO-15- Number of Due Date Changes per Order Purpose: To evaluate the extent to which Qwest changes due dates on orders. Description: Measures the average number of Qwest due date changes per order. Includes all inward orders (Change, New, and Transfer order types) that have been assigned a due date in the reporting period subject to the exclusions below. Change order types for additional lines consist of all "C" orders representing inward activit Counts all due date changes made for Qwest reasons following assignment of the original due date. Reporting Period: One month Unit of Measure: Average Number of Due Date Changes Reporting Comparisons:Disaggregation Reporting: Statewide level. CLEC aggregate , individual CLEC, and Qwest retail results. Formula: L(Count of Qwest due date changes on all orders) + (Total orders in reporting period) Exclusions: Customer requested due date changes. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standard: None Diagnostic Availability:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 22 PO-16- Timely Release Notifications Purpose: Measures the percent of release notifications for changes to specified ass interfaces sent by Qwest to CLECs within the intervals and scope specified within the change management plan found on Qwest's Chanqe Manaqement Process, (CMP) website at http://www.qwest.com/whoiesale/cmp/whatiscmp.htmi. Description: Measures the percent of release notices that are sent by Qwest within the intervals/timeframes prescribed by the release notification procedure on Qwest's CMP 'website. NOTE Release notices measured are: Draft Technical Specifications (for App to App interfaces only); Final Technical Specifications (for App to App interfaces only); Draft Release Notices (for IMA-GUI interfaces only); Final Release Notices (for IMA-GUI interfaces only); and - ass Interface Retirement Notices. NOTE 2 For the following ass interfaces: - IMA-GUI, IMA-EDI; CEMR; Exchange Access, Control , & Tracking (EXACT); NOTE 3 Electronic Bonding - Trouble Administration (EB - T A); NOTE 4 lABS and CRIS Summary Bill Outputs; NOTE 5 Loss and Completion Records; NOTE 5 New ass interfaces (for introduction notices only.) NOTE 6 Also included are notifications for connectivity or system function changes to Resale Product Database. Includes ass interface release notifications by Qwest relating to the following products and service categories: LlS/lnterconnection, Collocation , Unbundled Network Elements (UNE), Ancillary, and Resale Products and Services. Includes ass interface release notifications by Qwest to CLECs for the following ass functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Billing. Includes Types of Changes as specified in the "Qwest Wholesale Change Management Process Document" (Section 4 - Types of Changes). Includes all ass interface release notifications pertaining to the above ass systems, subject to the exclusions specified below. Release Notifications sent on or before the date required by the CMP are considered timely. A release notification "sent date" is determined by the date of the e-mail sent by Qwest that provides the Release Notification. NOTE 7 Release Notifications sent after the date required by the (CMP) are considered untimely. Release Notifications required but not sent are considered untimely. Reporting Period: One month Reporting Comparisons: CLEC Aggregate Unit of Measure: Percent Disaggregation Reporting: Region-wide level. Formula: ((Number of required release notifications for specified ass interface changes made within the reporting period that are sent on or before the date required by the change management plan (CMP) + Total number of required release notifications for specified ass interface changes within reporting period))x100 Exclusions: Changes to be implemented on an expedited basis (exception to ass notification intervals) as mutually agreed upon by CLECs and Qwest through the CMP. Chanqes where Qwest and CLECs agree, through the CMP, that notification is unnecessary. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 23 PO-16 Timely Release Notifications (continued) Product Reporting:None Standards: Vol. 1-10: No more than one untimely notification Vol. :;:. 10: 92.5% timely notifications Availability: Available Notes: 1. The Qwest Wholesale Change Management Process Document specifies the intervals for release notifications by type of notification. These intervals are documented in the change management plan. 2. The documents described in section "0 - Retirement of Existing ass Interfaces" of the "Qwest Wholesale Change Management Process Document" as "Initial Retirement Notice" and "Final Retirement Notice. 3. EXACT is a Telecordia system. Only release notifications for changes initiated by Qwest for hardware or connectivity will be included in this measurement. 4. EB-TA is the same system as MEDIACC. 5. CRIS, lABS, and Loss and Completions will adhere to the notification intervals documented in section 8.1 - Changes to Existing Application to Application Interface. 6. The documents described in section "0- Introduction of New ass Interface" of the "Qwest Wholesale Change Management Process Document" as "Initial Release Announcement and Preliminary Implementation Plan" (new App to App only), "Initial Interface Technical Specification" (new App to App only), "Final Interface Technical Specifications (new App to App only), "Release Notification (new GUI only). CMP notices for "Introduction of a New ass" are to be included in this measurement even though the new system is not explicitly listed in the Description" section of this -PID. However, once implemented, the system will not be added to the measurement for purposes of measuring release, change and retirement notifications unless specifically incorporated as an authorized change to the PID. 7. The intervals used to determine timeliness are based on CMP guidelines. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 24 PO-19- Stand-Alone Test Environment (SATE) Accuracy Purpose: Evaluates Qwest's ability to provide accurate production-like tests to CLECs for testing new releases in the SATE and production environments and testing between releases in the SATE environment. Description: PO-19A Measures the percentage of test transactions that conform to the test scenarios published in the IMA EDI Data Document for the Stand Alone Test Environment (SATE) that are successfully executed in SATE at the time a new IMA Release is deployed to SATE. In months where no release activity occurs, measures the percentage of test transactions that conform to the test scenarios published in the current IMA EDI Data Document-for the Stand Alone Test Environment (SATE) that are successfully executed in SATE during the between-releases monthly performance test. Includes one test transaction for each test scenario published in the IMA EDI Data Document for the Stand Alone Test Environment (SATE). Test transactions will be executed for each of the IMA releases supported in SATE utilizing all test scenarios for each of the current versions of the IMA EDI Data Document for the Stand Alone, Test Environment (SA TE). The successful execution of a transaction is determined by the Qwest Test Engineer according to: The expected results of the test scenario as described in the IMA EDI Data Document for the Stand Alone Test Environment (SATE) and the EDI disclosure document. The transactions strict adherence to business rules published in Qwest's most current IMA EDI Disclosure Documentation for each release and the associated Addenda. NOTE 1 For this measurement, Qwest will execute the test transactions in the Stand-Alone Test Environment. Release related test transactions will be executed when a full or point release of IMA is installed in SATE. These transactions will be executed within five business da s of the numbered release being originally installed in SATE. This five-business day period will be referred to as the "Testing Window. Mid-release monthly performance test transactions will be executed in the months when no Testing Window for a release is completed. These transactions will be executed on the 15 , or the nearest working day to the 15th of the month , in the months when no release related test transactions are executed. Test transaction results will be reported by release and included in the Reporting Period during which the release transactions or mid-release test transactions are completed. PO-19B Validates the extent that SATE mirrors production by measuring the percentage of IMA EDI test transactions that produce comparable results in SATE and in production. Transactions counted as producing comparable results are those that return correctly formatted data and fields as specified in the release s EDI disclosure document and developer worksheets related to the IMA release being tested. Comparability will be determined by evaluating the data and fields in each EDI message for the test transactions against the same data and fields for Preorder queries, LSRs, and Supplementals, and returned as Query Responses , Acknowledgements, Firm Order Confirmations (FOCs) for flow-through eligible products, and rejects. Test transactions are executed one time for each new major IMA release within 7 days after the IMA release. Test transactions consist of a defined suite of Product/Activity combinations. Qwest's three regions will be represented. NOTE 2 - Pre-order, Order, and Post-order transactions (FOCs for flow-through products) are included. With respect to the comparability of the structure and content of results from SATE and production environments, this measurement focuses only on the validity of the structure and the validity of the content, per developer worksheets and EID mapping examples distributed as part of releasenotifications. NOTE 3 . Reporting Period: PO-19A -- One month PO-19B: -- One month (for those months in Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B Unit of Measure:Percent November 30 2004 Page 25 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) which release-related test transactions are com pleted) Reporting Comparisons: None Disaggregation Reporting: PO-19A - Reported separately for each release tested in the reporting period PO-19B -- None Formula: PO-19A ((Total number of successfully completed SATE test transactions executed for a Software Release or between-releases performance test completed in the Reporting Period) + (Total number of SATE test transactions executed for each Software Release or between-releases performance test completed in the Reporting Period)) x 100 PO-19B ((Total number of completed IMA EDI test transactions executed in SATE and production that produce comparable results for each new major IMA Software Release completed in the Reporting Period) + (Total number of completed IMA ED I test transactions executed in SATE and production for each new major IMA Software Release completed in the Reporting Period)) x 100 Exclusions: For PO-19B: Transactions that fail due to the unavailability of a content item (e., TN exhaustion in SATE or the production environment) or a function in the SATE or production environments (e., address validation query or CSR query) that is unsuccessful due to an outage in systems that interface with IMA-EDI (e., PREMIS or SIA). Transactions that fail because of differences between the production and SATE results caused when an IMA candidate is implemented into IMA and not SATE (Le., where CMP decides not to implement an IMA candidate in a SATE release: e., the Reject Duplicate LSR candidate in IMA 12.0). This exclusion does not apply during reporting periods in which there are no differences between production IMA and SATE caused by SATE releases packaqed pursuant to CMP decisions. Product Reporting: None Standard: PO-19A - 95% for each release tested PO-19B - 95% Notes:1. Transactions that are executed and found to have inconsistencies with the data and format rules will be corrected and rerun. Rerun volumes will not be counted in the denominator for PO-19. Such corrections and re-executions are intended to enforce strict adherence to business rules published in Qwest's most current IMA EDI Data and Disclosure Documents. 2. The product and activity combinations that make up the test decks for PO-19B will be updated after each major IMA software release and provided to CLECs with the publication of IMA EDI Draft Interface Technical Specifications for the next major IMA software release as defined in the CMP process. All combinations with EDI transaction volumes :;:. 100 in the previous 12-month period will be included in the test deck. 75 days prior to the execution of the test, Qwest will run a query against IMA to determine which combinations meet the criteria for inclusion (Le., volumes :;:. 100). Availability: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 26 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) 3. The intent of this provision is to avoid including the effects of circumstances beyond the SATE environment that could cause differences in SATE and production results that are not due to problems in mirroring production. For example , because of real-time data manipulation in production, an appointment availability query transaction in SATE will not return the same list of available appointments as in production. Available appointments in production are fully dependent on real-time activities that occur there, whereas available appointments in SATE are based on a pre- defined list that is representative of production. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 27 PO-20 (Expanded) - Manual Service Order Accuracy Purpose: Evaluates the degree to which Qwest accurately processes CLECs' Local Service Requests (LSRs), which are electronically-submitted and manually processed by Qwest, into Qwest Service Orders , based on mechanized comparisons of specified LSR-Service Order fields and focusing on the percentage of manually- processed Service Orders that are accurate/error-free. Description: Measures the percentage of manually-processed Qwest Service Orders that are populated correctly, in specified data fields, with information obtained from CLEC LSRs. Includes only Service Orders created from CLEC LSRs that Qwest receives NOTE 1 electronically (via IMA- GUI or IMA-EDI) and manually processes in the creation of Service Orders, regardless of flow through eligibility, subject to exclusions specified below. Includes only Service Orders , from the product reporting categories specified below, that request inward line or feature activity (Change, New, and Transfer order types), are assigned a due date by Qwest, and are completed/closed in the reporting period. Change Service Order types included in this measurement consist of all C orders with "I" and "T" action-coded line or feature USOCs. All Service Orders satisfying the above criteria and as specified in the Availability section below are evaluated in this measurement. An inward line Service Order will be classified as "accurate" and thus counted in the numerator in the formula below when the mechanized comparisons of this measurement determine that the fields specified in the Service Order Fields Evaluated section below (when the source fields have been properly populated on the LSR) are all accurate on the Service Order. An inward feature Service Order will be classified as "accurate" if the fields specified in the Service Order Fields Evaluated section below (when the source fields have been properly populated on the LSR) are all accurate on the Service Order and if no CLEC notifications to the call center have generated call center tickets coded to LSRlSO mismatch for that order. Service Orders will be counted as being accurate if the contents of the relevant fields, as recorded in the completed Service Orders involved in provisioning the service, properly match or correspond to the information from the specified fields as provided in the latest version of associated LSRs. Service orders generated from LSRs receiving a PIA (Provider Initiated Activity value will be counted as being accurate if each and every mismatch has a correct and corresponding PIA value. Service Orders, including those otherwise considered accurate under the above-described mechanized field comparison, will not be counted as accurate if Qwest corrects errors in its Service Order(s) as a result of contacts received from CLECs no earlier than one business day prior to the original due date. Reporting Period: One month, reported in arrears (Le., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to exclude Service Orders that are the subject of call center tickets counted in OP-5B and OP-, as having new service problems attributed to Service Order errors. Unit of Measure:Percent Reporting Comparisons: CLEC Aggregate and individual CLEC Disaggregation Reporting: Statewide Level Formula: ((Number of accurate , evaluated Service Orders) + (Number of evaluated Service Orders completed inthe reporting period)) x 100 Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30,2004 Page 28 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Exclusions: Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T as having new service problems attributed to Service Order errors. Cancelled Service Orders. Service Orders that cannot be matched to a corresponding LSR Records missinq data essential to the calculation of the measurement per the PID.Product Reporting: Standard: Resale and UNE-P (POTS and Centrex 21) Benchmarks, as follows: Unbundled Loops (Analog and Non-Loaded 2/4-wire, DS1 Capable, DS3 and higher Capable , ADSL Compatible XDSL-I Capable, ISDN-BRI Capable) Availability: Phase 0 - PO-20 (Old) (the first version using sampling of limited fields). (Available now) Phase 1 NOTE 2 - PO-20 (Expanded) Mechanized version (as defined herein). All qualifying orders associated with initial LSRs received via IMA version 15.0 or higher beginning with May 2004 data reported in Jul 04. Phase 2 - Additional fields added. No later than Sep 04 results reported in Nov 04 Phase 3- Additional fields added. Targeted for 1 st Quarter 05 Phase 4 - Additional fields added. (Date TBD). Phase 1 Phase 2 Phase 3 & beyond 97% 96% 95% Notes: 1. To be included in the measurement, Service Orders created from CLEC LSRs must be received and completed in the same version of IMA-GUI or IMA-EDI. 2. Phase 1: Consists of all manually-processed qualifying Service Orders per product reporting category specified above, from throughout Qwest's 14-state local service region. LSR Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: CCNA Customer Carrier CGNA field of LSR form compared to the RSID/ZCID field LSR Name identifier in the Extended I D section of the Service Order. Abbreviation paN Purchase Order paN field of LSR form compared to the paN field in Bill Number Section of the Service Order. DITSENT Date and time The D/TSENT field of LSR form from the Firm Order sent Manager, using applied business day cut-off rules and business typing rules, and compare to the APP (Application Date) used on the Service Order. CHC Coordinated Hot Applies only to Unbundled Loop. Cut Requested Validate that the installation USOC used on the Service Order matches the Coordinated Cut request. (Evaluated in conjunction with the TEST field to determine correct USOC. TEST Testing required Applies only to Unbundled Loop. Validate that the installation USOC used on the Service Order matches the TEST request. (Evaluated in conjunction with the CHC field to determine correct USOC. Network Channel Applies only to Unbundled Loop. NC field on the LSR form Code compared to provisioning USOC for CKL 1 on the Service Order. Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 29 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: NCI Network Channel Applies only to Unbundled Loop NCI field on the LSR form Interface Code compared to provisioning USOC for CKL 1 on the Service Order. SECNCI Secondary Applies only to Unbundled Loop orders. Network Channel SECNCI field on the LSR form compared to the provisioning Interface Code USOC for CKL2 on the Service Order. PIC InterLA T A Pre-PIC field on Resale or Centrex form compared to PIC subscription populated on the "I" or "T" action lines in the Service and Indicator Code Equipment section of the Service Order. Note: LSR PIC = None; S.O. PIC = None Resale or LPIC IntraLA T A Pre-LPIC field on Resale or Centrex form compared to LPIC Centrex subscription populated on the "I" or "T" action lines in the Service and Indicator Code Equipment section of the Service Order. Note: LSR LPIC = None; S.O. LPIC = 9199 LSR LPIC = DFL T; S.O. LPIC = 5123 TNS Telephone Validate that all telephone numbers in the TNS fields in the Numbers Service Details section on the Resale or Centrex form reQuirinq inward activity are addressed on the Service Order. FA!Feature When the FA = N , T, V FEATURE Activity/Feature Validate line and feature USOCs provided in the FEATURE Codes field on the Resale or Centrex form are addressed with " Resale and/or "T" action lines on the Service Order. Note: Comparison will be based on the USOCs associated Centrex with line and feature activity listed in the PO-20 USOC List posted on Qwest's public website, on the web page containing the current PID www.qwest.com/whoiesale/results). Qwest may add USOCs to the list, delete grand-fathered/ discontinued or obsolete USOCs, or update USOCs assigned to listed descriptions by providing notice in the monthly Summary of Notes and updatinq the list. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 30 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: Form LS/ LSNP E .a.. ..J ~ C fh . (ij ;; co ..J 0 ~-: .s ~ !:: cC 0 I "0 ..J .Bc ~ LSR Field Code ECCKT CFA LTY TOA DML NOSL LSR Field Name Exchange Company Circuit Connecting Facility Assignment Listing Type Type of Account Direct Mail List No Solicitation Indicator Remarks/Service Order Field: Applies to LSRs with ACT = C (only when NC code has not changed, M, or T. ECCKT field on the LS form compared to the CLS field in the Service and Equipment section of the Service Order. CFA field on the LS or LSNP forms compared to the CFA field used in CKL 1 of the Service Order. (Verbal acceptance of CFA changes will be FOC'd and PIA', which will account for the mismatch and eliminate it as an error in the PO- calculation. TY = 1 (Listed - appears in DA and the directory.) Validate that there is a LN in the List section of the Service Order. TY = 2 (Non Listed - appears only in DA.) Validate that there is non listing instructions in the LN field in the List section of the Service Order. CentrallWestern Region: Validate that the left handed field is NLST and (NON-LIST) is contained in the NLST data field in the List section of the Service order. Eastern Region: Validate that the left handed field is NL and (NON LIST) is contained in the NL data field in the List section of the Service Order. L TY = 3 (Non Pub - does not appear in the directory and telephone number does not appear in DA.) Validate that there is non published instructions in the LN field in the List section of the Service Order. CentrallWestern Regions: Validate that the left handed field is NP and (NON-PUB) is contained in the NP data field in the List section of the Service Order. Eastern Region: Validate that the left handed field is NP and (NP LODA) or (NP NODA) is contained in the NP data field in the List section of the Service Order. Validate TOA entries (only reviewed when BRa field on DL form is not populated): TOA valid entries are B or RP Validate that there is a semi colon (;) within the LN in the List section of the Service Order. TOA valid entries are R or BP Validate that there is a comma (,) within the LN in the List section of the Service Order. Exception: When LSR-TOS = 3 , TOA review is Not Applicable. Handled by Complex Listing Group. Requires separate Service Order. DML field = a on DL form; Service Order LN contains (OCLS). Arizona Only NOSL field = Y on DL form; Service Order LN contains (NSOL) (OCLS). Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 31 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: TMKT Telemarketing Colorado Only TMKT field = a on DL form; Service Order LN contains (OATD). When both the DML and the TMKT fields are populated , DML validation applies. LNLN and Listed Name LNLN and LNFN fields on DL form compared to the LN field LNFN in the List section of the Service Order. ADI Address Indicator ADI = a on DL form; Service Order LA contains (OAD). LAPR Listed Address LAPR field of the Listing form compared to LA in the List Number Prefix section of the Service Order. LANa Listed Address LANa field of the Listing form compared to LA in the List Number section of the Service Order. LASF Listed Address LASF field of the Listing form compared to LA in the List Number Suffix section of the Service Order. LASD Listed Address LASD field of the Listing form compared to LA in the List Street Directional section of the Service Order. LASN Listed Address LASN field of the Listing form compared to LA in the List Street Name section of the Service Order. LATH Listed Address LATH field of the Listing form compared to LA in the List Street Type section of the Service Order. LASS Listed Address LASS field of the Listing form compared to LA in the List Street Directional section of the Service Order. Suffix LALOC Listed Address LALOC field of the Listing form compared to LA in the List Locality section of the Service Order. Phase 2 - No later than Sep 04 results LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: LSR DSPTCH Dispatch Limited to Unbundled Loops where ACT = Z or V only. If DSPTCH field on the LSR form = Y, validate dispatch USOC in the Service and Equipment section of the Service Order. LTC Line Treatment Applies only to Centrex 21 Code LTC field numeric value on the Centrex form compared to the data following the CAT field for the Line USOC on the Centrex Service Order.cas Class of Service Applies only to Centrex 21. - Qwest Specific cas field of the Centrex form compared to the CS field in the ID section of the Service Order. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 32 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Phase 2 - No later than Sep 04 results LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: Resale FEATURE Feature Details As specified in Appendix A of the 14 State Working PID. DETAILS Comparison would be based on the fields associated with the Centrex USOC list referenced under Feature Activity in Phase above. Phase 3 - Targeted for 1 st Quarter 05 LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: Resale BLOCK Blocking Type For each LNUM provided in the Service Detail section of the (Stage 1)Resale or Centrex form when BA = E: Centrex Note: The BLOCK field may have one or more alpha and/or numeric values per LNUM. This review will only validate based on BA/BLOCK fields and will not address blocking information provided in the "Remark" section on the LSR or the Feature Detail section of the LSR. The values listed below will be considered as follows: If BLOCK contains A, validate FID TBE A is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains B, validate FID TBE B is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains C, validate FID TBE C is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains H , validate FID BLKD is present on the service order floated behind line USOC associated with the TNS for that LNUM. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 33 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Phase 4 - Date TBD LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field CodeForm LSR DFDT DDD LTNC) a..~0 c ..J C . 0 a.."O~ - 0 Q).(J .... 10 ~ ~.:: canI ~ ~ LN PL..J Resale Centrex FEATURE DETAILS BLOCK (Stage 2) LSR Field Name Desired Frame Due Time Desired Due Date Listed Telephone Number Letter Name Placement Feature Details Blocking Type Remarks/Service Order Field: Applicable only to orders for Resale and UNE-P (POTS and Centrex 21 DFDT field on the LSR form compared to the FDT field in the Extended ID section of the Service Order. DDD field from the last FOC'd LSR compared to the original or last subsequent due date in the Extended ID section on the Service Order when no CFLAG/PIA is present on the FOC. (Le. Evaluation includes recognition of valid differences between DDD and Service Order based on population of the CFLAG/PIA field on the LSRC (FOC)) For Resale and UNE-P (POTS and Centrex 21): L TN field on the Listing form compared to the Main Account Number of the Service Order. For Unbundled Loop: L TN field on the Listing form compared to the TN floated after the LN in the Listing section of the Service Order. LNPL field on the Listing form = L, validate that LN on the Service Order follows letter placement versus word placement. If CLECs propose additional FIDs for review, Qwest will undertake a feasibility evaluation. If CLECs identify value in additional Blocking raview, Qwest will undertake development. (Requirements to be developed) Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 34 Ordering and Provisioning OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center Purpose: Evaluates the timeliness of CLEC access to Qwest's interconnection provisioning center(s) and retail customer access to the Business Office, focusing on the extent calls are answered within 20 seconds. Description: Measures the percentage of (Interconnection Provisioning Center or Retail Business Office) calls that are answered by an agent within 20 seconds of the first ring. Includes all calls to the Interconnect Provisioning Center/Retail Business Office during the reporting period, subject to exclusions specified below. Abandoned calls and busy calls are counted as calls which are not answered within 20 seconds. First ring is defined as when the customer s call is first placed in queue by the ACD (Automatic Call Distributor). Answer is defined as when the call is first picked up by the Qwest agent. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide level. Qwest Retail results Formula: ((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100 Exclusions: Time spent in the VRU Voice Response Unit is not counted. Product Reporting: Not applicable Standard: Parity Availability:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 35 OP-3 - Installation Commitments Met Purpose: Evaluates the extent to which Qwest installs services for Customers by the scheduled due date. Description: Measures the percentage of orders for which the scheduled due date is met. All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed during the reporting period are measured, subject to exclusions specified below. Change order types included in this measurement consist of all C orders representing inward activit . Also included are orders with customer-requested due dates longer than the standard interval. Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met due date. The Applicable Due Date is the original due date or, if changed or delayed by the customer the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for product/services listed in Product Reporting under "MSA Type Disaggregation" will be reported according to orders involving: OP-3A Dispatches within MSAs; OP-3B Dispatches outside MSAs; and OP-3C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to installations: OP-3D In Interval Zone 1 areas; and OP-3E In Interval Zone 2 areas. Formula: ((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders Completed in the Reporting Period)) x 100 Exclusions: . Disconnect, From (another form of disconnect) and Record order types. . Due dates missed for standard categories of customer and non-Qwest reasons. Standard categories of customer reasons are: previous service at the location did not have a customer- requested disconnect order issued, no access to customer premises, and customer hold for payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 36 OP - 3 Installation Commitments Met (continued) Product Reporting:Standards: MSA-TvDe Disaaareaation - Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-designed provisioning)Parity with retail service PBX Trunks (non-designed provisioning)Parity with retail service Primary ISDN (non-designed provisioning)Parity with retail service Basic ISDN (non-designed provisioning)Parity with retail service Qwest DSL (non-designed provisioning)Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting 95% Loop Splitting NOTE 1 Diagnostic Line Sharing 95% Sub-Loop Unbundling CO: 90% All Other States: Diagnostic Zone-Tyee Disaaareaation - Resale Primary ISDN (designed provisioning)Parity with retail service Basic ISDN (designed provisioning)Parity with retail service DSO (designed provisioning)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service Qwest DSL (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with retail DS 1 Private Line UDIT - Above DS11evei Parity with retail Private Lines above DS 1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop 90% Non-loaded Loop (2-wire)90% Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line DS1-capable Loop Parity with retail DS 1 Private Line xDSL-capable Loop 90% ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop 90% Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggregate)Line services (aggregate) Dark Fiber - Loop Diagnostic Loops with Conditioning 90% E911/911 Trunks Parity with retail E911/911 Trunks Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 37 OP - 3 Installation Commitments Met (continued) Enhanced Extended Loops (EELs) - (DSO WA: 90% level)All Other States: Diagnostic Enhanced Extended Loops (EELs) - (DS 1 90% level) Enhanced Extended Loops (EELs) - (DS3 WA: 90% level)All Other States: Diagnostic Availability:Notes: Available Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 38 OP-4 - Installation Interval Purpose: Evaluates the timeliness of Qwest's installation of services for customers, focusing on the average time to install service. Description: Measures the average interval (in business da s) NOTE 1 between the a lication date and the completion date for service orders accepted and implemented. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed during the reporting period, subject to exclusions specified below. Change order types for additional lines consist of all C orders representing inward activit Intervals for each measured event are counted in whole days: the application date is day zero (0); the day following the application date is day one (1). . The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (ab subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. N TE . Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest-initiated due date, if any, followin~ the Applicable Due Date, from the subsequent customer-initiated due date, if any. NOTE Reporting Period: One month Unit of Measure: Average Business Days Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for product/services listed in Product Reporting under "MSA Type Disaggregation" will be reported according to orders involving: OP-4A Dispatches within MSAs; OP-4B Dispatches outside MSAs; and OP-4C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to installations: OP-4D In Interval Zone 1 areas; and OP-4E In Interval Zone 2 areas. Formula: L((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date and the Applicable Date) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting period lanation: The average installation interval is derived by dividing the sum of installation intervals for all orders (in business days) NOTE 1 by total number of service orders completed in the reporting period. Exclusions: Orders with customer requested due dates greater than the current standard interval. . Disconnect, From (another form of disconnect) and Record order types. Records involving official company services. Records with invalid due dates or application dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 39 OP-4 - Installation Interval (continued) Product Reporting:Standards: MSA-Tvpe Disaaareaation - Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-designed provisioning)Parity with retail service PBX Trunks (non-designed provisioning)Parity with retail service Primary ISDN (non-designed Parity with retail service provisioning) Basic ISDN (non-designed provisioning)Parity with retail service Qwest DSL'(non-designed provisioning)Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting 3 days Loop Splitting NOTE 3 Diagnostic Line Sharing 3 days Sub-Loop Unbundling CO: 6 days All Other States: Diagnostic Zone-Type Disaaareaation - Resale Primary ISDN (designed provisioning)Parity with retail service Basic ISDN(designed provisioning) Parity with retail service DSO (designed provisioning)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service Qwest DSL (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with DS 1 Private Line Service UDIT - Above DS 1 level Parity with Private Lines above DS 1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop 6 days Non-loaded Loop (2-wire)6 days Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line DS 1-capable Loop Idaho, Iowa, Montana, Nebraska, North Dakota, Oregon, Wyoming: Parity with retail DS 1 Private Line Arizona, Colorado, Minnesota, New Mexico, South Dakota, Utah , Washington: 5.5 days xDSL-capable Loop 6 days ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop 6 days Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(aggregate) Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 40 OP-4 - Installation Interval (continued) Dark Fiber - Loop Loops with Conditioning E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO level) Enhanced Extended Loops (EELs) - (DS 1 level) Enhanced Extended Loops (EELs) - (DS3 level) Availability: Available Diagnostic 15 days Parity with retail E911/911 Trunks Diagnostic 6 days Diagnostic Notes: 1. For OP-, Saturday is counted as a business day for all orders for Resale Residence, Resale Business, and UNE-P (POTS), as well as for the retail analogues specified above as standards. For all other products under OP-4C and for all products under OP- , - , and -4E. Saturday is counted as a business day when the service order is due or completed on Saturday.2. According to this definition , the Applicable Due Date can change per successive customer-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point, the Applicable Due Date becomes fixed (Le., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest- initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest-initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer- initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest-initiated impacts on intervals are counted in the reported interval, and custqmer-initiated impacts on intervals are not counted in the reported interval.3. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 41 OP-5 - New Service Quality Purpose: Evaluates the quality of ordering and installing new services (inward line service orders), focusing on the percentage of newly-installed service orders that are free of CLEC/customer-initiated trouble reports during the provisioning process and within 30 calendar days following installation completion , and focusing on the quality of Qwest's resolution of such conditions with respect to multiple reports. Descri ption: Measures two components of new service provisioning quality (OP-5A and'5B) and also reports a combined result (OP-5T), as described below, each as a percentage of all inward line service orders completed in the reporting period that are free of CLEC/customer-reported provisioning and repair trouble reports, as described below. Also measures the percentage of all provisioning and repair trouble reports that constitute multiple trouble reports for the affected service orders. (OP-5R) Orders for new services considered in calculating all components of this performance indicator are all inward line service orders completed in the reporting period , including Change (C-type) orders for additional lines/circuits, subject to exclusions shown below. Chan~e order types considered in these measurements consist of all C orders representing inward activity. OTE 1 Orders for new service installations include conversions (Retail to CLEC, CLEC to CLEC , and same CLEC converting between products). Provisioning or repair trouble reports include both out of service and other service affecting conditions such as features on a line that are missing or do not function properly upon conversion, subject to exclusions shown below. OP-New Service Installation Quality Reported to Repair Measures the percentage of inward line service orders that are free of repair trouble reports NOTE 2 within 30 calendar days of installation completion, subject to exclusions below. Repair trouble reports are defined as CLEC/customer notifications to Qwest of out-of-service and other service affecting conditions for which Qwest opens repair tickets in its maintenance and repair management and tracking systems NOTE 3 that are closed in the reporting period or the following month, NOTE 4 subject to exclusions shown below. NOTES Qwest is able to open repair tickets for repair trouble reports received from CLECs/customers once the service order is completed in Qwest's systems. OP-New Service Provisionina Quality Measures the percentage of inward line service orders that are free of provisioning trouble reports during the provisioning process and within 30 calendar days of installation completion , subject to exclusions shown below. Provisioning trouble reports are defined as CLEC notifications to Qwest of out of service or other service affecting conditions that are attributable to provisioning activities, including but not limited to LSRlservice order mismatches and conversion outages. For provisioning trouble reports , Qwest creates call center tickets in its call center database. Subject to exclusions shown below, call center tickets closed in the reporting period or the following month NOTE 4 are captured in this measurement. Call center tickets closed to Network reasons will not be counted in OP-5B when a repair trouble report for that order is captured in OP-5A. NOTE s, 6 OP-5T: New Service Installation Quality Total Measures the percentage of inward line service orders that are free of repair or provisioning trouble reports during the provisioning process and within 30 calendar days of installation completion , subject to exclusion shown below. OP-5R: New Service Quality Multiple Report Rate Evaluates the quality of Qwest's responses to repair and provisioning trouble reports for inward line service orders completed in the reporting period. This measurement reports, for those service orders that were not free of repair or provisioning trouble reports in OP-5A or OP-, the percentage of trouble reports affecting the same service orders that were followed by additional repair and provisioning trouble reports, as specified below. Measures the percentage of all repair and provisioning trouble reports considered in OP-5A and OP-5B that are additional repair or provisioning trouble reports received by Qwest for the same service order during the provisioning process or within 30 calendar days following installation Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30 2004 Page 42 OP- 5 - New Service Quality (continued) completion. Additional repair or provisioning trouble reports are defined as all such reports that are received following the first report (whether the first report is represented by a call center ticket or a repair ticket) relating to the same service order during the provisioning process or within 30 calendar days following installation completion. In all cases, the trouble reports counted are those that are defined for OP-5A and OP-5B above. NOTE Reporting Period: One month , reported in arrears (Le., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 3D-day period following installation. Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level individual CLEC and Qwest Retail results Formulas: OP-5A = (Number inward line service orders completed in the reporting period Number of inward line service orders with any re air trouble re orts as specified above) + (Number of inward line service orders completed in the reporting period) x 100 Unit of Measure: Percent OP-5B = (Number of inward line service orders completed in the reporting period - Number of inward line service orders with any rovisionin trouble re orts as specified above) + (Number of inward line service orders completed in the reporting period) x 100 OP-5T = ((Number of inward line service orders completed in the reporting period) Number of inward line service orders with re air or rovisionin trouble re orts as defined above under OP-5A or OP- as applicable) + (Number of inward line service orders completed in the reporting period) x 100 OP-5R = (Number of all repair and provisioning trouble reports, relating to inward line service orders closed in the reporting period as defined above under OP-5A or OP-, that constitute additional repair and provisioning trouble reports, within 30 calendar days following the installation date + Number of all repair and provisioning trouble reports relating to inward line service orders closed In the reporting period, as defined above under OP-5A or OP-5B) x 100 Exclusions: licable to OP-OP-5T and OP-5R: Repair trouble reports attributable to CLEC or coded to non-Qwest reasons as follows: For products measured from MT AS data, repair trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous- Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider); and Reports from other than the CLEC/customer that result in a charge if dispatched. For products measured from WFA (Workforce Administration) data, repair reports coded to codes for: Carrier Action (IEC); Customer Provided Equipment (CPE); Commercial power failure; Customer requested service order activity; and Other non-Qwest. Repair reports coded to disposition codes for referral to another department (Le., for non-repair ticket resolutions of non-installation-related problems, except cable cuts, which are not excluded). licable to OP-OP-5T and OP-5R onl Provisioning trouble reports attributable to CLEC or non-Qwest causes. Call center tickets relating to activities that occur as part of the normal process of conversion (Le., while Qwest is actively and properly engaged in process of converting or installing the service). Provisioning trouble reports involving service orders that, at the time of the calls, have fallen out for manual handling and been disassociated from the related service order, as applicable, will be considered as not in the normal process of conversion and will not be excluded. licable to OP-OP-OP-5T and OP-5R: Repair or provisioning trouble reports related to service orders captured as misses under measurements OP-13 (Coordinated Cuts Timeliness) or OP-17 (LNP Timeliness). Subsequent repair or provisioning trouble reports of any trouble on the installed service before the original repair or provisioning trouble report is closed. Service orders closed in the reporting period with App Dates earlier than eight months prior to the Qwest Idaho SGA T Third Revision Seventh Amended Exhibit November 30, 2004 Page 43 OP- 5 - New Service Qualit continued beginning of the reporting period. Information tickets generated for internal Qwest system/network monitoring purposes. . Disconnect, From (another form of disconnect) and Record order types. When out of service or service affecting problems are reported to the call center on conversion and move requests, the resulting call center ticket will be included in the calculation of the numerator in association with the related inward order type even when the call center ticket reflects the problem was caused by the Disconnect or From order. Records involving official Qwest company services. Records missin data essential to the calculation of the measurement as defined herein. Product Reporting Categories: Standards: As specified below - one OP-5A: percentage result reported for .OP-5B: each bulleted category under the sub-measurements shown. Parity with retail service Diagnostic for six months following first reporting. After six months Benchmark (TBD) OP-5T: Diagnostic OP-5R: Diagnostic for six months following first reporting. Possible standard (TBD) (Where parity comparisons involve multiple service varieties in a product category, weighting based on the retail analogue volumes may be used if necessary to create a comparison that is not affected by different proportions of wholesale and retail analogue volumes in the same reporting category. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 44 OP- 5 - New Service Quality (continued) Product Reporting:I Standards: Reported under OP-5A, OP-5B, OP-5T and OP-5R: (Product categories may be combined as agreed upon by the parties in Long-Term PID Administration. OP-OP-OP-5T & OP- Resale Residential single line Parity with retail service 96.Diagnostic service Business single line Parity with retail service 96.Diagnostic service Centrex Parity with retail service 96.Diagnostic Centrex,Parity with retail service 96.Diagnostic PBX Trunks Parity with retail service 96.Diagnostic Basic ISDN Parity with retail service 96.Diagnostic Qwest DSL Parity with retail service 96.Diagnostic Primary ISDN Parity with retail service 96.Diagnostic DSO Parity with retail service 96.Diagnostic DS1 Parity with retail service 96.Diagnostic DS3 and higher bit-Parity with retail service 96.Diagnostic rate services (aggregate) Frame Relay Parity with retail service Diagnostic Diagnostic Unbundled Network Parity with like retail 96.Diagnostic Element - Platform service (UNE-P) (POTS) Unbundled Network Parity with retail Centrex 96.Diagnostic Element - Platform (UNE-P) (Centrex 21 ) Unbundled Network Parity with retail Centrex 96.Diagnostic Element - Platform (UNE-P) (Centrex) Line Splitting Parity with retail Qwest 96.Diagnostic DSL Loop Splitting Diagnostic Diagnostic Diagnostic Line Sharing Parity with retail RES &96.Diagnostic BUS POTS Sub-Loop Unbundling Diagnostic Diagnostic Diagnostic Unbundled Loops: Analog Loop Parity with retail Res &96.Diagnostic Bus POTS with dispatch Non-loaded Loop (2-Parity with retail ISDN 96.Diagnostic wire)BRI Non-loaded Loop (4-Parity with retail DS 1 96.Diagnostic wire) DS 1-capable Loop Parity with retail DS 1 96.Diagnostic xDSL-capable Loop Parity with retail Qwest 96.Diagnostic DSL ISDN-capable Loop Parity with retail ISDN 96.Diagnostic BRI ADSL-qualified Loop Parity with retail Qwest 96.Diagnostic DSL with dispatch Loop types of DS3 and Parity with retail DS3 96.Diagnostic higher bit-rates and higher bit-rate (aggregate)services (aggregate) Dark Fiber - Loop Diagnostic Diagnostic Diagnostic Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 45 OP- 5 - New Service Quality (continued) Diagnostic until volume criteria are met DiagnosticEnhanced Extended Loops (EELs) - (DSO level) 96. Parity with retail DS 1 Private Line Diagnostic until volume criteria are met Diagnostic96.Enhanced Extended Loops (EELs) - (DS 1 level) Enhanced Extended Loops (EELs) - (above DS1 level) Reported under OP-5A and under OP-5R (per OP-5A specifications): OP-5A OP- Parity with Feature Diagnostic Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT (DS1 Level) Parity with Retail Private Diagnostic Lines (DS 1 UDIT (Above DS1 Level) Parity with Retail Private Diagnostic Lines (Above DS 1 level) Diagnostic Parity with Retail E911/911 Trunks LIS Trunks Dark Fiber - IOF E911/911 Trunks Availability: Available . ' Diagnostic96. Diagnostic Diagnos~ic Notes: 1. The specified Change order types representing inward activity exclude Change orders that do not involve installation of lines (in both wholesale and retail results). Specifically this measurement does not include changes to existing lines, such as number changes and PIC changes.2. Including consideration of repeat repair trouble reports (Le., additional reports of trouble related to the same newly-installed linel.circuit that are received after the preceding repair report is closed and within 30 days following installation completion) to complete the determination of whether the newly-installed line/circuit was trouble free within 30 days of installation.3. Qwest's repair management and tracking systems consist of WFA (Work Force Administration), MTAS (Maintenance Tracking and Administration System), and successor repair systems, if any, as applicable to obtain the repair report data for this measurement. Not included are Call Center Database systems supporting call centers in logging calls from customers regarding problems or other inquiries (see OP-5B and OP-5T). 4. The "following month" includes also the period of a few business da s (typically four or five) afterward, up to the time when Qwest pulls the repair data to begin processing results for this measurement.5. Includes repair and provisioning trouble reports generated by new processes that supersede or supplement existing processes for submitting repair and provisioning trouble reports as specified in Qwest's documented or agreed upon procedures.6. For purposes of calculating OP-, a call center ticket for multiple orders with provisioning trouble reports will result in all orders reporting trouble counting as a miss in OP-5B. If a repair trouble report(s) is received for the same orders, the number of orders counted as a miss in OP-5B for Network reasons will be reduced by the number of orders with repair troubles counted as a miss in OP-5A. 7. OP-5R will be counted on a per ticket basis.8. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 46 OP-6 - Delayed Days Purpose: Evaluates the extent Qwest is late in installing services for customers, focusing on the average number of days that late orders are completed beyond the committed due date. Description: OP-6A - Measures the average number of business da s NOTE 1 that service is delayed beyond the Applicable Due Date for non-facility reasons attributed to Qwest. Includes all inward orders (Change, New, and Transfer order types) that are completed/closed during the reporting period, later, due to non-facility reasons, than the Applicable Due Date recorded by Qwest, subject to exclusions specified below. OP-6B - Measures the average number of business days NOTE 1 that service is delayed beyond the Applicable Due Date for facility reasons attributed to Qwest. Includes all inward orders (Change, New, and Transfer order types) that are completed/closed during the reporting period later due to facility reasons than the original due date recorded by Qwest, subject to exclusions specified below. For both OP-6A and OP-6B: . Change order types for additional lines consist of "C" orders representing inward activit . The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE 2 Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest- initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated due date, if any. NOTE 2 Reporting Period: One month Unit of Measure: Average Business Days Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for products/services listed under Product Reporting under "MSA type Disaggregation" will be reported for OP-6A and OP-6B according to orders involving:1. Dispatches within MSAs;2. Dispatches outside MSAs; and3. No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to installations:4. In Interval Zone 1 areas; and5. In Interval Zone 2 areas. Formula: OP-6A = L((Actual Completion Date of late order for non-facility reasons) - (Applicable Due Date of late order) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) + (Total Number of Late Orders for non-facility reasons completed in the reporting period) OP-6B = L((Actual Completion Date of late order for facility reasons) - (Applicable Due Date of late order)) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date) + (Total Number of Late Orders for facility reasons completed in the reporting period) Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 47 OP- 6 - Delayed Days (continued) Exclusions: Orders affected only by delays that are solely for customer and/or CLEC reasons. Disconnect, From (another form of disconnect) and Record order types. Records involving offiCial company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standards: MSA-TvDe Disaaareaation - Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-designed provisioning)Parity with retail service PBX Trunks (non-designed provisioning)Parity with retail service Primary ISDN (non-designed provisioning)Parity with retail service Basic ISDN (non-designed provisioning)Parity with retail service Qwest DSL (non-designed provisioning)Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting Parity with retail Qwest DSL Loop Splitting NOT~ 3 Diagnostic Line Sharing Parity with retail Qwest DSL Sub-Loop Unbundling Diagnostic Zone-tvDe Disaaareaation - Resale Primary ISDN (designed provisioning)Parity with retail service Basic ISDN (designed provisioning)Parity with retail service DSO (designed provisioning)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service Qwest DSL (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with retail OS 1 Private Line- Service UDIT - Above DS 1 level Parity with retail Private Line- Services above DS level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS with dispatch Non-loaded Loop (2~wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line DS 1-capable Loop Parity with retail DS 1 Private Line xDSL-capable Loop Parity with retail Qwest DSL, with dispatch ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Qwest DSL, with dispatch Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 48 OP- 6 - Delayed Days (continued) Loop types of DS3 and higher bit-rates (aggregate) Dark Fiber - Loop E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO level) Enhanced Extended Loops (EELs) - (DS1 level) Enhanced Extended Loops (EELs) - (DS3 level) Availability: Available Parity with retail DS3 and higher bit-rate Private Line services (aggregate) Diagnostic Parity with retail E911/911 Trunks Diagnostic OP-6A: Parity with retail DS 1 Private Line OP-6B: Diagnostic Diagnostic Notes:1. For OP-6A-3 and OP-6B-, Saturday is counted as a business day for all orders for Resale Residence, Resale Business, and UNE- (POTS), as well as for the retail analogues specified above as standards. For all other products under OP-6A-3 and OP-6B-, and for all products under OP-6A- , - 6A- , - 6A- , - 6A-6B- , - 6B- , - 6B-, and -6B-, Saturday is counted as a business day when the service order is due or completed on Saturday.2. According to this definition, the Applicable Due Date can change , per successive customer-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point the Applicable Due Date becomes fixed (Le., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest-initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest- initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer-initiated due date change or delay. The intervals thus calculated from each pairing of 'Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest- initiated impacts on intervals are counted in the reported interval, and customer-initiated impacts on intervals are not counted in the reported interval.3. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 49 OP-7 - Coordinated "Hot Cut" Interval Unbundled Loop Purpose: Evaluates the duration of completing coordinated "hot cuts" of unbundled loops, focusing on the time actually involved in disconnecting the loop from the Qwest network and connecting/testing the loop. Description: Measures the average time to complete coordinated "hot cuts" for unbundled loops, based on intervals beginning with the "lift" time and ending with the completion time of Qwest's applicable tests for the loop. Includes all coordinated hot cuts of unbundled loops that are completed/closed during the reporting period, subject to exclusions specified below. . " Hot cut" refers to moving the service of existing customers from Qwest's switch/frames to the CLEC's equipment, via unbundled loops, that will serve the customers. . " Lift" time is defined as when Qwest disconnects the existing loop. . " Completion time" is defined as when Qwest completesthe applicable tests after connecting the loop to the CLEC. Reporting Period: One month Unit of Measure: Hours and Minutes Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: L(Completion time - Lift time) + (Total Number of unbundled loops with coordinated cutovers completed in the reporting period) ~isaggregation Reporting: Statewide level. Exclusions: Time intervals associated with CLEC-caused delays. Records missing data essential to the calculation of the measurement per the PID. Invalid start/stop dates/times or invalid scheduled date/times. Product Reporting: Coordinated Unbundled Standard: Loops - Reported separately for: CO: 1 hourAnalog Loops All Other States: Diagnostic in light of OP-All other Loop Types (Coordinated Cuts On Time) Availability:Notes: Available Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 50 OP-8 - Number Portability Timeliness Purpose: Evaluates the timeliness of cutovers of local number portability (LNP). Description: OP-8B - LNP Timeliness with Loop Coordination (percent): Measures the percentage of coordinated LNP triggers set prior to the scheduled start time for the loop. All orders for LNP coordinated with unbundled loops that are completed/closed during the reporting period are measured , subject to exclusions specified below. OP-8C - LNP Timeliness without Loop Coordination (percent): Measures the percentage of LNP triggers set prior to the Frame Due Time or scheduled start time for the LNP cutover as applicable. All orders for LNP for which coordination with a loop was not requested that are completed/closed during the reporting period are measured (including standalone LNP coordinated with other than Qwest-provided Unbundled Loops and non-coordinated standalone LNP), subject to exclusions specified below. For purposes of these measurements (OP-8B and -8C), "trigger" refers to the "1 O-digit unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Qwest. . " Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated time. In the case of LNP cutovers coordinated with loops , the scheduled time used in this measurement will be no later than the "lay" time for the loop. Reporting Period: One month Unit of Measure: Percent of triggers set on time Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: OP-8B = ((Number of LNP triggers set before the scheduled time for the coordinated loop cutover) + (Total Number of LNP activations coordinated with unbundled loops completed)) x 100 Disaggregation Reporting: Statewide level. OP-8C = ((Number of LNP triggers set before the Frame Due Time or Scheduled Start Time) + (Total Number of LNP activations without loop cutovers completed)) x 100 Exclusions: CLEC-caused delays in trigger setting. LNP requests that do not involve automatic triggers (e., DID lines without separate, unique telephone numbers and Centrex 21). LNP requests for which the records used as sources of data for these measurements have the following types of errors: Records with no PON (purchase order number) or STATE. Records where triggers cannot be set due to switch capabilities. Records with invalid due dates , a lication dates, or start dates. Records with invalid completion dates. Records missing data essential to the calculation of the measurement per the PID. Invalid start/stop dates/times or invalid frame due or scheduled date/times. Product Reporting: None Standard:95%- Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 51 OP-13- Coordinated Cuts On Time - Unbundled Loop Purpose: Evaluates the percentage of coordinated cuts of unbundled loops that are completed on time, focusing on cuts completed within one hour of the committed order due time and the percent that were started without CLEC approval. Description: Includes all LSRs for coordinated cuts of unbundled loops that are completed/closed during the reporting period, subject to exclusions specified below. . OP-13A - Measures the percentage of LSRs (CLEC orders) for all coordinated cuts of unbundled loops that are started and completed on time. For coordinated loop cuts to be counted as " time" in this measurement, the CLEC must agree to the start time, and Qwest must (1) receive verbal CLEC approval before starting the cut or lifting the loop, (2) complete the physical work and appropriate tests, (3) complete the Qwest portion of any associated LNP orders and (4) call the CLEC with completion information, all within one hour of the time interval defined by the committed order due time. . OP-13B - Measures the percentage of all LSRs for coordinated cuts of unbundled loops that are actually started without CLEC approval. . " Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated appointment time. . The "committed order due time" is based on the number and type of loops involved in the cut and is calculated by adding the applicable time interval from the following list to the scheduled start time: Analog unbundled loops: 1 to 16 lines: 1 Hour 17 to 24 lines: 2 Hours 25+ lines: Project* All other unbundled loops: 1 to 5 lines: 1 Hour 6 to 8 lines: 2 Hours 9 to 11 lines: 3 Hours 12 to 24 lines: 4 Hours 25+ lines: Project* For Pro ects scheduled due dates and scheduled start times will be negotiated between CLEC and Qwest, but no committed order due time is established. Therefore, projects are not included in OP-13A (see exclusion below). . " Stop" time is defined as when Qwest notifies the CLEC that the Qwest physical work and the appropriate tests have been successfully accomplished, including the Qwest portion of any coordinated LNP orders. . Time intervals following the scheduled start time or during the cutover process associated with customer-caused delays are subtracted from the actual cutover duration. . Where Qwest's records of completed coordinated cut transactions are missing evidence of CLEC approval of the cutover, the cut will be counted as a miss under both OP-13A and OP-13B. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide level. Results for this measurement will be reported according to: OP-13A Cuts Completed On Time OP-13B Cuts Started Without CLEC Approval Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30 , 2004 Page 52 OP-13- Coordinated Cuts On Time - Unbundled Loop (continued) Formula: OP-13A = ((Count of LSRs for Coordinated Unbundled Loop cuts completed "On Time ) + (Total Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period)) x 100 OP-13B = ((Count of LSRs for Coordinated Unbundled Loop cuts whose actual start time occurs without CLEC approval) + (Total Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period)) x 100 Exclusions: Applicable to OP-13A: Loop cuts that involve CLEC-requested non-standard methodologies, processes, or timelines. OP-13A & OP-13B: Records with invalid completion dates. Records missing data essential to the calculation of the measurement per the PID which are not otherwise designated to be "counted as a miss Invalid start/stop dates/times or invalid scheduled date/times. Projects involvinq 25 or more lines. Product Reporting: Coordinated Unbundled Loops - Reported separately for: Analog Loops All Other Loops Standards: OP-13A: AZ.: 90 Percent or more All Other States: 95 Percent or more Availability: OP-13B: Diagnostic Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 53 OP-15- Interval for Pending Orders Delayed Past Due Date Purpose: Evaluates the extent to which Qwest's pending orders are late, focusing on the average number of days the pending orders are delayed past the Applicable Due Date, as of the end of the reporting period. Description: OP-15A - Measures the average number of business da s that pending orders are delayed beyond the Applicable Due Date for reasons attributed to Qwest. Includes all pending inward orders (Change, New, and Transfer order types) for which the Applicable Due Date recorded by Qwest has been missed, subject to exclusions specified below. Change order types included in this measurement consist of all "C" orders representing inward activit . The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date , if any, that is ~a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE . Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest- initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated due date, if any. NOTE 1 dp-15B - Reports the number of pending orders measured in the numerator of OP-15A that were delayed for Qwest facility reasons. Reporting Period: One month Unit of Measure: OP-15A - Average Business Days NOTE 2 OP-15B - Number of orders pending facilities Disaggregation Reporting: Statewide Reporting Comparisons: CLEC aggregate, individual CLEC , Qwest retail Formula: OP-15A = L((Last Day of Reporting Period) - (Applicable Due Date of Late Pending Order) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) + (Total Number of Pending Orders Delayed for Qwest reasons as of the last day of Reporting Period) OP-15B = Count of pending orders measured in numerator of OP-15A that were delayed for Qwest facility reasons Exclusions: . Disconnect, From (another form of disconnect) and Record order types. . Records involving official company services. . Records with invalid due dates or a lication dates. . Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 54 Product Reporting: OP-15- Interval for Pending Orders Delayed Past Due Date (continued) Resale Residential sin Ie line service Business sin Ie line service Centrex Centex 21 Sub-Loo Unbundlin LIS Trunks Unbundled Dedicated Interoffice Trans ort UDIT - DS 1 level UDIT - Above DS1 level Dark Fiber - IOF Unbundled Loops: Analog Loop Non-loaded Loo 2-wire Non-loaded Loo 4-wire DS 1-capable Loop ISDN-ca able Loop ADSL-qualified Loop Loop types of DS3 or higher bit rate re ate Dark Fiber - Loo E911/911 Trunks Standards: OP-15B = diagnostic only For OP-15A: with retail service with retail service with retail service with retail service Dia nostic Ex ectation: Parit with retail service Diagnostic (Expectation: Parity with retail service) Diagnostic (Expectation: Parity with retail Centrex 21) Diagnostic (Expectation: Parity with retail Centrex) Diagnostic (Expectation: Parity with retail Qwest DSL Diagnostic Diagnostic (Expectation: Parity with retail Qwest DSL Diagnostic Diagnostic (Expectation: Parity with Feature Group D re ate se aratel re orted UDIT Diagnostic (Expectation: Parity with DS1 Private Line- Service Diagnostic (Expectation: Parity with Private Line- Services above DS 1 level Diagnostic Diagnostic (Expectation: Parity with retail Res and Bus POTS with dis atch Dia nostic Expectation: Parit with retail ISDN BRI Diagnostic Ex ectation: Parit with retail DS1 Diagnostic Ex ectation: Parit with retail DS1 Diagnostic Ex ectation: Parit with ISDN-BRI Diagnostic (Expectation: Parity with retail Qwest DSL with dis atch Diagnostic (Expectation: Parity with retail DS3 and hi her bit-rate services re ate Dia nostic Diagnostic (Expectation: Parity with retail E911/911 Trunks Diagnostic Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 55 OP-15- Interval for Pending Orders Delayed Past Due Date (continued) Availability: Available Notes: 1. According to this definition, the Applicable Due Date can change, per successive customer-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point, the Applicable Due Date becomes fixed (Le., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change , if any. Following the first Qwest-initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest- initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer-initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest-initiated impacts on intervals are counted in the reported interval, and customer-initiated impacts on intervals are not counted in the reported interval.2. For OP-15A, Saturday is counted as a business day for all non-dispatched orders for Resale Residence, Resale Business, and UNE-P (POTS), as well as for non-dispatched orders in the retail analogues specified above as standards. For all other non-dispatched products and for all dispatched products under OP-15A, Saturday is not counted as a business day.3. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 56 OP-17- Timeliness of Disconnects associated with LNP Orders Purpose: Evaluates the quality of Qwest completing LNP telephone number porting, focusing on the degree to which porting occurs without implementing associated disconnects before the scheduled time/date. Descri ption: OP-17 A Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with loops, that are ported without the incidence of disconnects being made by Qwest before the scheduled time/date, as identified by associated qualifying trouble reports. Focuses on disconnects associated with timely CLEC requests for delaying the disconnects or no requests for delays. The scheduled time/date is defined as 11 :59 p.m. on (1) the due date of the LNP order recorded by Qwest or (2) the delayed disconnect date requested by the CLEC , where the CLEC submits a timely request for delay of disconnection. - A CLEC request for delay of disconnection is considered timely if received by Qwest before 8:00 m. MT on the current due date of the LNP order recorded by Qwest. OP-17B Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with loops, that are ported without the incidence of disconnects being made by Qwest before the scheduled time/date, as identified by associated qualifying trouble reports. Includes only disconnects associated with untimely CLEC requests for delaying the disconnects. A CLEC request for delay of disconnection is considered "untimely" if received by Qwest after 8:00 p.m. MT on the current due date of the LNP order recorded by Qwest and before 12:00 p.m. MT .(noon) on the day after the current due date. Disconnects are defined as the removal of switch translations, including the 1 O-digit trigger. Disconnects that are implemented early, and thus counted as a "miss" under this measurement, are those that the CLEC identifies as such to Qwest via trouble reports, within four calendar days of the actual disconnect date, that are confirmed to be caused by disconnects being made before the scheduled time. Includes all CLEC orders for LNP TNs completed in the reporting period, subject to exclusions specified below. Reporting Period: One month Reporting Comparisons: CLEC Aggregate and Individual CLEC Formula: ((Total number of LNP TNs ported pursuant to orders completed in the reporting period Number of TNs with qualifying trouble reports notifying Qwest that disconnection before the scheduled time has occurred) + Total Number of LNP TNs ported pursuant to orders completed in the reporting period) x 100 Unit of Measure:Percent Disaggregation Reporting:Statewide Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 57 OP-17- Timeliness of Disconnects associated with LNP Orders (continued) Exclusions: OP-17 A only Trouble reports notifying Qwest of early disconnects associated with situations for which the CLEC has failed to submit timely requests to have disconnects held for later implementation. OP-17A & B Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. LNP requests that do not involve automatic triggers (e., DID lines without separate, unique TNs and Centrex 21). Records with invalid trouble receipt dates. Records with invalid cleared , closed or due dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. OP-17B only Trouble reports notifying Qwest of early disconnects associated with situations for which the CLEC did not submit its untimely requests by 12:00 p.m. MT (noon) on the day after the LNP due date to have disconnects held for later implementation. Product Reporting:LNP Standards: OP-17A - 98.25% OP-17B - Diagnostic only, in light of its measuring only requests for delay of disconnect that are defined as untimely. Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 58 Maintenance and Repair MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center Purpose: Evaluates Customer access to Qwest's Interconnection and/or Retail Repair Center(s), focusing on the number of calls answered within 20 seconds. Description: Measures the percentage of Interconnection and/or Retail Repair Center calls answered within 20 seconds of the first ring. Includes all calls to the Interconnect Repair Center during the reporting period , subject to exclusions specified below. First ring is defined as when the customer s call is first placed in queue by the ACD (Automatic Call Distributor). Answer is defined as when the call is first picked up by the Qwest agent. Abandoned calls and busy calls are counted as calls which are not answered within 20 seconds. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide level. Qwest Retail levels. Formula: ((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100 Exclusions: Time spent in the VRU (Voice Response Unit) is not counted. Product Reporting: None Standard: Parity Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 59 MR-3 - Out of Service Cleared within 24 Hours Purpose: Evaluates timeliness of repair for specified services , focusing on trouble reports where the out-of- service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours for out-of-service conditions). Description: Measures the percentage of out of service trouble reports, involving specified services, that are cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports, closed during the reporting period, which involve a specified service that is out-of-service (Le., unable to place or receive calls), subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for product/services listed in Product Reporting under "MSA-Type Disaggregation" will be disaggregated and reported according to trouble reports involving: MR-3A Dispatches within MSAs; MR-3B Dispatches outside MSAs; and MR-3C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-3D In Interval Zone 1 areas; and MR-3E In Interval Zone 2 areas. Formula: ((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24 hours) + (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MT AS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE Customer Instruction, Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 60 MR-3 - Out of Service Cleared within 24 Hours (Continued) Product Reporting:Standards: MSA-TvDe Disaaareaation - Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with appropriate retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting Parity with retail Qwest DSL Loop Splitting NOTI= 1 Diagnostic Line Sharing CO: Parity with Qwest DSL All Other States: Parity with RES and BUS POTS Sub-Loop Unbundling CO: Parity with retailISDN-BRI All Other States: Diagnostic Zone-tvDe Disaaareaation - Resale Qwest DSL Parity with retail service Unbundled Loops Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2 wire)Parity with retailISDN-BRI xDSL-capable Loop Parity with retail Qwest IDSL' ISDN-capable Loop Parity with ISDN-BRI ADSL-qualified Loop Parity with retail Qwest DSL Availability:Notes: Available Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 61 MR-4 - All Troubles Cleared within 48 hours Purpose: Evaluates timeliness of repair for specified services, focusing on trouble reports of all types (both out of service and service affecting) and on the number of such trouble reports cleared within the standard estimate for specified services (Le., 48 hours for service-affecting conditions). Description: Measures the percentage of trouble reports , for specified services, that are cleared within 48 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports , closed during the reporting period, which involve a specified service subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for producUservices listed in Product Reporting under "MSA-Type Disaggregation" will be disaggregated and reported according to trouble reports involving: MR-4A Dispatches within MSAs; MR-4B Dispatches outside MSAs; and MR-4C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-4D In Interval Zone 1 areas; and MR-4E In Interval Zone 2 areas Formula: ((Total Trouble Reports closed in the reporting period that are cleared within 48 hours) + (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MT AS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE Customer Instruction , Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missinq data essential to the calculation of the measurement per the PID. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 62 MR-4 - All Troubles Cleared within 48 Hours (Continued) ation - Standards: Parit with retail service Parit with retail service Parit with retail service Parit with retail service Parit with retail service Parit with retail service Parity with appropriate retail service Parity with retail Centrex 21 Parity with retail Centrex Parity with retail Qwest DSL Diagnostic Parity with RES and BUS POTS Diagnostic Parit with retail Res and Bus POTS Parit with retailISDN-BRI Parit with retail Qwest IDSL Parit with retailISDN-BRI Parit with retail Qwest DSL Notes:1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 63 MR-5 - All Troubles Cleared within 4 hours Purpose: Evaluates timeliness of repair for specified services, focusing on all trouble reports of all types (including out of service and service affecting troubles) and on the number of such trouble reports cleared within the standard estimate for specified services (Le., 4 hours). Descri ption: Measures the percentage of trouble reports for specified services that are cleared within 4 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports, closed during the reporting period, which involve a specified service subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate, individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for listed products will be disaggregated according to trouble reports: MR- MR- In Interval Zone 1 areas; and In Interval Zone 2 areas. Formula: ((Number of Trouble Reports 'closed in the reporting period that are cleared within 4 hours) + (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured using WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time. Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 64 MR-5 - All Troubles Cleared within 4 hours (continued) Product Reporting:Standards: Zone-Type Disaggregation - Resale Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with DS 1 Private Line Service UDIT - Above DS 1 level Parity with Private Line Services above DS 1 level Unbundled Loops: Non-loaded Loop (4-wire)Parity with retail DS 1 DS 1-capable Loop Parity with retail DS 1 Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(agQregate ) E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS 1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 65 MR-6 - Mean Time to Restore Purpose: Evaluates timeliness of repair, focusing how long it takes to restore services to proper operation. Description: Measures the time actually taken to clear trouble reports. Includes all trouble reports closed during the reporting period, subject to exclusions specified below. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a trouble report. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Hours and Minutes Reporting Com parisons: CLEC aggregate individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for producUservices listed in Product Reporting under "MSA-Type Disaggregation" will be reported according to trouble reports involving: MR-6A Dispatches within MSAs; MR-6B Dispatches outside MSAs; and MR-6C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-6D In Interval Zone 1 areas; and MR-6E In Interval Zone 2 areas. Formula: 2:((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of Trouble Reports closed in the reporting period) Exclusions: Trouble reports coded as follows: For products measured from MT AS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE , Customer Instruction , Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 66 MR-6 - Mean Time to Restore (Continued) Product Reporting:Standards: MSA- Type Disaaareaation Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting Parity with retail Qwest DSL Loop Splitting NUTE 1 Diagnostic Line Sharing CO: Parity with Qwest DSL All Other States: Parity with RES and BUS POTS Sub-Loop Unbundling CO: Parity with retailISDN-BRI All Other States: Diagnostic Zone-Type Disaaareaation - Resale Qwest DSL Parity with retail service Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with retail DS 1 Private Line UDIT - Above DS1 level Parity with retail Private Lines above DS 1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line DS 1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Qwest DSL Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggregate)Line services (aggregate) Dark Fiber - Loop Diagnostic E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS 1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 67 MR-6 - Mean Time to Restore (Continued)Availability: Notes:Available 1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 68 MR-7 - Repair Repeat Report Rate Purpose: Evaluates the accuracy of repair actions, focusing on the number of re eated trouble re orts received for the same line/circuit within a specified period (30 calendar days). Description: Measures the percentage of trouble reports that are repeated within 30 days on end user lines and circuits. Includes all trouble reports closed during the reporting period that have a repeated trouble report received within thirty (30) days of the initial trouble report for the same service (regardless of whether the report is about the same type of trouble for that service), subject to exclusions specified below. In determining same service Qwest will compare the end user telephone number or circuit access code of the initial trouble reports closed during the reporting period with reports received within 30 days of when the initial trouble report closed. Includes reports due to Qwest network or system causes, customer-direct and customer-relayed reports. . The 3D-day period applied in the numerator of the formula below is from the date and time that the initial trouble report is closed to the date and time that the next, or "repeat" trouble report is received (Le., opened). Reporting Period: One month , reported in arrears (Le., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 3D-day period following the initial trouble report.Reporting Disaggregation Reporting: Statewide level. Comparisons: . Results for product/services listed in Product Reporting under "MSA-TypeCLEC Disaggregation" will be reported according to trouble reports involving: aggregate, MR-7A Dispatches within MSAs;individual MR-7B Dispatches outside MSAs; andCLEC and MR-7C No dispatches. Qwest Retail Results for products/services listed in Product Reporting under "Zone-typeresults Disaggregation" will be disaggregated according to trouble reports involving: MR-7D In Interval Zone 1 areas; and MR- 7E In Interval Zone 2 areas. Unit of Measure: Percent Formula: ((Total trouble reports closed within the reporting period that had a repeated trouble report received within 30 calendar days of when the initial trouble report closed) + (Total number of Trouble Reports Closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MT AS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE Customer Instruction, Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. Records involving official company services. Records with invalid trouble receipt dates. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 69 MR-7 - Repair Repeat Report Rate (Continued) Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standards: MSA-Tvpe Disaaareaation - Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform (UNE-Parity with retail Centrex P) (Centrex) Line Splitting Parity with Qwest Retail DSL Loop Splitting NOTE 1 Diagnostic Line Sharing AZ & CO: Parity with Qwest Retail DSL All Other States: Diagnostic Comparison with Qwest Retail DSL Sub-Loop Unbundling CO: Parity with RetaiIISDN-BRI All Other States: Diagnostic Zone-Type Disaaareaation - Resale Qwest DSL Parity with retail service Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with retail DS 1 Private Line UDIT - Above DS11evei Parity with retail Private Lines above DS 1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line DS 1-capable Loop Parity with retail DS 1 Private Line xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Qwest DSL Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggregate)Line services (aggregate) Dark Fiber - Loop Diagnostic E911/911 Trunks Parity with retail E911/911 Trunks Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 70 MR-7 - Repair Repeat Report Rate (Continued) Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS 1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Targeted availability with July 2004 Reporting will begin at the time CLECs order results reported in September 2004 the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 71 MR-8 - Trouble Rate Purpose: Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or element. Description: Measures trouble reports by product and compares them to the number of lines in service. Includes all trouble reports closed during the reporting period , subject to exclusions specified below. Includes all applicable trouble reports, including those that are out of service and those that are only service-affecting. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results Formula: ((Total number of trouble reports closed in the reporting period involving the specified service grouping) + (Total number of the specified services that are in service in the reporting period)) x 100 Disaggregation Reporting: Statewide level. Exclusions: Trouble reports coded as follows: For products measured from MT AS data, tro~ble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch , non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). For products measured from WFA data trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 72 MR-8 - Trouble Rate (continued) Product Reporting:Standards: Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service , Basic ISDN Parity with retail service Qwest DSL Parity with Qwest DSL service Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element -Parity with retail Centrex Platform(UNE-P) (Centrex) Line Splitting Parity with retail Qwest DSL Loop Splitting NOTE 1 Diagnostic Line Sharing CO: Parity with Qwest DSL All Other States: Parity with RES and BUS POTS Sub-Loop Unbundling CO: Parity with retailISDN-BRI All Other States: Diagnostic LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail DS 1 Private Line Service UDIT - Above DS11evei Parity with retail Private Lines above DS 1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line DS 1-capable Loop Parity with retail DS 1 Private Line xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Qwest DSL Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(aggregate) Dark Fiber - Loop Diagnostic E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS 1 Parity with retail DS 1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 73 MR-8 - Trouble Rate (continued) Availability: Available Notes:1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 74 MR-9 - Repair Appointments Met Purpose: Evaluates the extent to which Qwest repairs services for Customers by the appointment date and time. Description: Measures the percentage of trouble reports for which the appointment date and time is met. Includes all trouble reports closed during the reporting period, subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate, individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for listed services will be disaggregated and reported according to trouble reports involving: MR-9A Dispatches within MSAs; MR-9B Dispatches outside MSAs; and MR-9C No dispatches. Formula: ((Total Trouble Reports Cleared by appointment date and time) + (Total Trouble Reports Closed in the Reporting Period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MT AS data, trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch , non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time by using the rescheduled appointment time to determine if the repair appointment is met. Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID.Product Reporting: Standard: Parity Resale: Residential single line service Business single line service Centrex Centrex 21 PBX Trunks Basic ISDN Unbundled Elements - Platform (UNE- (POTS) Availability:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 75 MR-10 Customer and Non-Qwest Related Trouble Reports Purpose: Evaluates the extent that trouble reports were customer related, and provides diagnostic information to help address potential issues that might be raised by the core maintenance and repair performance indicators. Description: Measures the percentage of all trouble reports that are attributed to the customer as a percentage of all trouble reports resolved during the reporting period, subject to exclusions specified below. Includes trouble reports closed during the reporting period coded as follows: For products measured from MTAS data , trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant, Trouble Beyond the Network Interface; and Miscellaneous - Non- Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider) and trouble reports involving a "no access" delay for MSA type disaggregated products. For products measured from WFA (Workforce Administration) data trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Formula: ((Number of Trouble Reports coded to disposition codes specified above) + (Total Number of Trouble Reports Closed in the Reporting Period)) x 100 Exclusions: Subsequent trouble reports of any trouble before the original trouble report is closed Information tickets generated for internal Qwest system/network monitoring purposes. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 76 MR-10 Customer and Non-Qwest Related Trouble Reports (continued) Product Reporting:Standards: Resale Residential single line service Diagnostic Business single line service Diagnostic Centrex Diagnostic Centrex 21 Diagnostic PBX Trunks Diagnostic Basic ISDN Diagnostic Qwest DSL Diagnostic Unbundled Network Element - Platform Diagnostic (UNE-P) (POTS) Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex) Resale Primary ISDN Diagnostic DSO Diagnostic DS1 Diagnostic DS3 and higher bit-rate services Diagnostic (aggregate) Frame Relay Diagnostic LIS Trunks Diagnostic Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Diagnostic UDIT - Above DS11evei Diagnostic Unbundled Loops: Analog Loop Diagnostic Non-loaded Loop (2-wire)Diagnostic Non-loaded Loop (4-wire)Diagnostic DS 1-capable Loop Diagnostic xDSL-capable Loop Diagnostic ISDN-capable Loop Diagnostic ADSL-qualified Loop Diagnostic Loop types of DS3 and higher bit-rates Diagnostic (aggregate) E911/911 Trunks Diagnostic Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 77 MR-11 - LNP Trouble Reports Cleared within 24 Hours Purpose: Evaluates timeliness of clearing LNP trouble reports, focusing on the degree to which residence and business, disconnect-related, out-of-service trouble reports are cleared within four business hours and all LNP-related trouble reports are cleared within 48 hours. Description: MR-11A: Measures the percentage of specified LNP-only (Le., not unbundled-loop), residence and business, out-of-service trouble reports that are cleared within four business hours of Qwest receiving these trouble reports from CLECs. Includes only trouble reports that are received on or before the currently-scheduled due date of the actual LNP-related disconnect time/date, or the next business da , that are confirmed to be caused by disconnects being made before the scheduled time, and that are closed during the reporting period, subject to exclusions specified below. MR-11 B: Measures the percentage of specified LNP-only trouble reports that are cleared within 48 hours of Qwest receiving these trouble reports from CLECs. Includes all LNP-only trouble reports, received within four calendar days of the actual LNP- related disconnect date and closed during the reporting period. The "currently-scheduled due date/time" is the original due date/time established by Qwest in response to CLEC/customer request for disconnection of service ported via LNP or, if CLEC submits to Qwest a timely or untimely request for delay of disconnection, it is the CLEC/customer-requested later date/time. . A request for delay of disconnection is considered timely if received by Qwest before 8:00 p.m. MT on the due date that Qwest has on record at the time of the request. . A request for delay of disconnection is considered untimely if received by Qwest after 8:00 p.m. MT on the due date and before 12:00 p.m. MT (noon) on the day after the due date Time measured is from the date and time Qwest receives the trouble report to the date ,and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC Aggregate and Individual CLEC Disaggregation Reporting: Statewide level (all are non-dispatched" Formula: MR-11A = ((Number of specified out-of-service LNP-only Trouble Reports, for LNP-related troubles confirmed to be caused by disconnects , that Qwest executed before the currently-scheduled due date/time , that were closed in the reporting period and cleared within four business hours)+ (Total Number of specified out of service LNP-only Trouble Reports for LNP-related troubles confirmed to be caused by disconnects that Qwest executed before the currently- scheduled due date/time, that were closed in the reporting period)) x 100 MR-11 B = ((Number of specified LNP-only Trouble Reports closed in the reporting period that were cleared within 48 hours) + (Total Number of specified LNP-only Trouble Reports closed in the reporting period)) x 100 Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 78 MR-11 - LNP Trouble Reports Cleared within 24 Hours (Continued) Exclusions: Trouble reports attributed to customer or non-Qwest reasons Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. Subsequent trouble reports of LNP trouble before the original trouble report is closed. For MR-11 B only: Trouble reports involving a "no access" delay. Information tickets generated for internal Qwest system/network monitoring purposes. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting: LNP Standards: MR-11A: If OP-17 result meets its standard , the MR-11A standard is Diagnostic. If OP-17 result does not meet its standard , the MR-11A standard is as follows: For 0-20 trouble reports : No more than 1 ticket cleared in :;:. four business hours For:;:. 20 trouble reports : The lesser of 95% or Parity with MR- results for Retail Residence and Business MR-11 B: For 0-20 trouble reports : No more than 1 ticket cleared:;:. 48 hours For:;:. 20 trouble reports : The lesser of 95% or Parity with MR- results for Retail Residence and Business * Based on MR-11A denominator. Based on MR-11 B denominator. Availability: Available Notes: , , Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 79 Billing BI-1 - Time to Provide Recorded Usage Records Purpose: Evaluates the timeliness with which Qwest provides recorded daily usage records to CLECs. Descri ption: Measures the. average time interval from date of recorded daily usage to date usage records are transmitted or made available to CLECs as applicable. BI-1A - Measures recorded daily usage for UNEs and Resale and includes industry standard electronically transmitted usage records for feature group switched access, NOTE 1 local measured usage, local message usage, toll usage, and local exchange service components priced on a per-use basis, subject to exclusions specified below. BI-1 B - Measures the percent of recorded daily usage for Jointly provided switched access provided within four days. This includes usage created by the CLEC and Qwest or IXC providing access, usually via 2-way Feature Group X trunk groups for Feature Group A, Feature Group , Feature Group D, Phone to Phone IP Telephony, 8XX access, and 900 access and their successors or similar Switched Access services. BI-1C - Provides separate reporting for two elements captured in BI-1A above, as follows: . BI-1C-1 - Measures recorded daily usage for UNEs and Resale and includes industry standard electronically transmitted usage records for feature group switched access, NOTE 1 subject to exclusions specified below. . BI-1C-2 - Measures recorded daily usage for UNEs and Resale and includes industrystandard electronically transmitted usage records for local measured usage, local message usage, toll usage, and local exchange service components priced on a per-use basis, subject to exclusions specified below. Reporting Period: One month Unit of Measure: BI-, BI-1C-, BI-1C-2: Average Business Da BI-1 B: Percent Disaggregation Reporting: State level.Reporting Comparisons: CLEC aggregate individual CLECs, and Qwest Retail results Formula: BI-, BI-1C-, BI-1C-2 (for specified products & records) = L(Date Record Transmitted or made available - Date Usage Recorded) + (Total number of records) BI-1B = ((# of daily usage records for Jointly provided switched access sent within four days) + (Total daily usage records for Jointly provided switched access in the report period)) x 100 Exclusions: Instances where the CLEC requests other than daily usage transmission or availability. Duplicate records. Product Reporting: . UNEs and Resale . Jointly-provided Switched Access Standards: BI-1A: Parity with Qwest retail. BI-1 B: 95% within 4 business days BI-1C-, BI-1C-2: Diagnostic Comparison with the Qwest Retail results used in standard for BI- Availability: Available Notes: 1. "Feature group switched access" includes all type 110XXX detail records for Feature Groups A, B, C, and D. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 80 BI-2 - Invoices Delivered within 10 Days Purpose: Evaluates the timeliness with which Qwest delivers industry standard electronically transmitted bills to CLECs, focusing on the percent delivered within ten calendar days. Description: Measures the percentage of invoices that are delivered within ten days , based on the number of days between the bill date and bill delivery. Includes all industry standard electronically transmitted invoices for local exchange services and toll, subject to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: Combined Qwest Disaggregation Reporting: State level Retail/CLEC results (Parity by design) Formula: ((Count of Invoices for which Bill Transmission Date to Bill Date is ten calendar days or less) + (Total Number of Invoices)) x 100 Exclusions: Bills transmitted via paper, magnetic tape , CD-ROM, diskette. Records with missing data essential to the calculation of the measurement per the PID. Product Reporting:Standard: UNEs and Resale Parity by design. Availability:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 81 BI-3 - Billing Accuracy Adjustments for Errors Purpose: Evaluates the accuracy with which Qwest bills CLECs, focusing on the percentage of billed revenue adjusted due to errors. Description: Measures the billed revenue minus amounts adjusted off bills due to errors, as a percentage of total billed revenue. Both the billed revenue and amounts adjusted off bills due to error are calculated from bills rendered in the reporting period. Amounts adjusted off bills due to errors" is the sum of all bill adjustments made in the reporting period that involve, either in part or in total, adjustment codes related to billing errors. (Each adjustment thus Qualifying is added to the sum in its entirety. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: State level. individual CLECs, and Qwest Retail results Formula: (L(Total Billed Revenue Billed in Reporting Period - Amounts Adjusted Off Bills Due to Errors) + (Total Billed Revenue billed in Reporting Period)) x 100 Exclusions: . BI-3A - UNEs and Resale - None . BI-3B - Reciprocal Compensation Minutes of Use - Billing adjustments as a result of CLEC-caused errors in return of minutes of use Product Reporting:Standards: BI-3A - UNEs and Resale BI-3A - UNEs and Resale: Parity with Qwest BI-3B - Reciprocal Compensation Minutes of retail bills. Use (MOU)BI-3B - Reciprocal Compensation (MOU) - 95% Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 82 BI-4 - Billing Completeness Purpose: . UNEs and Resale - Evaluates the completeness with which Qwest reflects non-recurring and recurring charges associated with completed service orders on the bills. Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with which Qwest reflects the revenue for Local Minutes of Use associated with CLEC local traffic over Qwest's network on the bills. Description: BI-4A - UNEs and Resale: Measures the percentage of non-recurring and recurring charges associated with completed service orders appear on the correct bill. BI-4B - Reciprocal Compensation (MOU): Measures the percentage of revenue associated with local minutes of use appearing on the correct (current) bill. * Correct bill = next available bill Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLECs, and Qwest Retail results Formula: BI-4A - UNEs and Resale = (L(Count of service orders with non-recurring and recurring charges associated with completed service orders on the bills that are billed on the correct bill + total count of service orders with non-recurring and recurring charges associated with completed service orders billed on the bill)) x 100 Disaggregation Reporting: Statewide level. BI-4B - Reciprocal Compensation MOU = (L(Revenue for Local Minutes of Use billed on the correct* bill + Total revenue for Local Minutes of Use collected during the month)) x 100 Exclusions: None Product Reporting: . UNEs and Resale Reciprocal Compensation (MOU) Standards: B~ 4A - UNEs and Resale: Parity with Qwest Retail bills. B~ 4B - Reciprocal Compensation (MOU): 95% Notes:Availability: Available Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 83 Database Updates DB-1 - Time to Update Databases Purpose: Evaluates the time required for updates to the databases of E911 , LlDB, and Directory Builder. Description: Measures the average time required to update the databases of E911 , LlDB, and Directory Builder. Includes all database updates as specified under Disaggregation Reporting completed during the reporting period. For DB-1A the time to update the E911 database is provided by the third party vendor that performs the update. The elapsed time is captured automatically by the database system. There are no "individual E911 database update records" provided with which to measure the database update process. The numerator of DB-1A is calculated by multiplying the vendor-calculated results (Average Minutes in Process Time) by the denominator (Count of records Processed). This method produces a result from the vendor data that is the same as that which would be produced by totalling the update times from individual E911 database update records. Reporting Period: One month Unit of Measure: E911 - Hrs: Mins. LlDB & Directory Listings - Seconds Disaggregation Reporting: DB-1A: E911 for Qwest Retail and Reseller CLEC-State level DB""1 B: LlDB for Qwest Retail, Reseller CLEC and Facilities Based CLEC - Multi state region-wide level DB-1 C-1: Listings for all Provider types including Qwest Retail, Reseller CLEC, and Facilities Based CLEC , ILEC and Unknown Provider, Electronically Submitted , Electronically Processed- Sub-region applicable to state Reporting Comparisons: DB-1A - E911: Combined results for Qwest Retail and Reseller CLEC Aggregate; DB-1 B - LlDB: Combined results for all Qwest Retail, Reseller CLEC and Facilities Based CLEC updates; DB-1C-1 - Listings: Combined results for all Provider types including Qwest Retail, Reseller CLEC , and Facilities Based CLEC , ILEC and Unknown Provider, Electronically Submitted Electronically Processed updates. NOTE 1 Formula: L((Date and Time of database update for each database update as specified under Disaggregation Reporting in the reporting period) - (Date and Time of submissions of data for entry into the database for each database update as specified under Disaggregation Reporting in the reporting period)) + Total database updates as specified under Disaggregation Reporting completed in the reporting period Exclusion: Invalid start/stop dates/times. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 84 DB-1 - Time to Update Databases (continued) Product Reporting:Standards: Not applicable (Reported by database type)DB-1A-E911: Parity by design DB-1 B-LlDB: Parity by design DB-1C-1 - Listings: Parity by design Availability:Notes: Available Because they cannot be separated, results for Qwest Retail, Reseller CLEC, Facilities-based CLECs, ILEC and Unknown Provider updates are reported combined within these disaggregations. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 85 DB-2 - Accurate Database Updates Purpose: Evaluates the accuracy of database updates completed without errors in the reporting period. Description: Measures the percentage of database updates completed without errors in the reporting period. Includes all database updates as specified under Disaggregation Reporting completed during the reporting period. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: Disaggregation Reporting: DB-2C-1 Listings - Combined results for all DB-2C-, Listings for Qwest Retail, Reseller Qwest Retail, Reseller CLEC and Facilities-CLEC, and Facilities-Based CLEC Electronically Based CLEC Electronically Submitted Submitted , Electronically Processed updates: Electronically Processed updates Statewide Formula: (Total database updates as specified under Disaggregation Reporting completed without errors in the reporting period + Total database updates as specified under Disaggregation Reporting completed in the reporting period) x 100 Exclusions: Invalid start/stop dates/times. Product Reporting:Standards: Not applicable (Reported by database type)DB-2C-1 - Listings: Parity by design NOTE 1 Availability:Notes: Available Qwest retail and Reseller CLECs are parity by design. Because Facilities-based CLEC Electronically Submitted, Electronically Processed cannot be separated out from Reseller CLECs they are reported combined within this disaggregation. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 86 Directory Assistance DA-1 - Speed of Answer - Directory Assistance Purpose: Evaluates timeliness of customer access to Qwest's Directory Assistance operators , focusing on how long it takes for calls to be answered. Description: Measures the average time following first ring until a call is first picked up by the Qwest agent/system to answer Directory Assistance calls. Includes all calls to Qwest directory assistance during the reporting period. Because a system (electronic voice) prompts for city, state, and listing requested before the actual operator comes on the line, the first ring is defined as when the voice response unit places the call into queue. Measurements are taken by sampling calls from the network queue at 10-second intervals. count of calls in the queue is taken for every sampling event (10-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals. Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, Le., are effectively counted as a zero interval. However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call ,intervals shorter than 1 0 seconds that are counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Results for Qwest and Disaggregation Reporting: all CLECs are combined.Sub-region applicable to state Formula: L((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard: Parity by design Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 87 Operator Services OS-1 - Speed of Answer - Operator Services Purpose: Evaluates timeliness of customer access to Qwest's operators, focusing on how long it takes for calls to be answered. Description: Measures the time following first ring until a call is answered by the Qwest agent. Includes all calls to Qwest's operator serVices during the reporting period, subject to exclusions specified below. Measurements are taken by sampling calls from the network queue at 10-second intervals. A count of calls in the queue is taken for every sampling event (1 O-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals. Using this method , calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, Le., are effectively counted as a zero interval.However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Qwest and all CLECs Disaggregation Reporting: are aggregated in a single measure.Sub-region applicable to state Formula: L((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard:Parity by design Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 88 Network Performance NI-1 - Trunk Blocking Purpose: Evaluates factors affecting completion of calls from Qwest end offices to CLEC end offices , compared with the completion of calls from Qwest end offices to other Qwest end offices, focusing on average busy-hour blocking percentages in interconnection or interoffice final trunks. Description: Measures the percentage of trunks blocking in interconnection and interoffice final trunks. Includes blocking percentages on all direct final and alternate final interconnection and interoffice trunk qroups that are in service during the reporting period, subject to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Blockage Reporting Comparisons: CLEC aggregate individual CLEC, and Qwest Interoffice trunk blocking results. Disaggregation Reporting: Statewide level. Reports the percentage of trunks blocking in interconnection final trunks reported by: N~ 1A Interconnection (LIS) trunks to Qwest tandem offices, with TGSR- related exclusions applied as specified below; N~ 1 B LIS trunks to Qwest end offices, with TGSR-related exclusions applied as specified below; N~ 1 C LIS trunks to Qwest tandem offices, without TGSR-related exclusions; N~ 1 D LIS trunks to other Qwest end offices, without TGSR-related exclusions. Formula: UL(Blockage in Final Trunk Group of Specified Type)x(Number of Circuits in Trunk Group)) + (Total Number of Final Trunk Circuits in all Final Trunk Groups n x 100 Explanation: Actual average percentage of trunk blockage is calculated by dividing the equivalent average number of trunk circuits blocking by the total number of trunk circuits in final trunks of the type being measured. Exclusions: For NI-1A and NI-1 B onl Trunk groups , blocking in excess of one percent in the reporting period, for which: - A Trunk Group Service Request (TGSR) NOTES 1 & 2 has been issued in the reporting period; or CLECs do not submit, within 20 calendar days of receiving a TGSR:a) Responsive ASRs (or have ASRs pending that are delayed for CLEC reasons NOTE 3 b) Trouble Reports; orc) Notification of traffic re-routing (as described in Note 1 below). For NI-NI-1 B NI-1 C and NI-1 D: Trunk groups, blocking in excess of one percent in the reporting period, for which Qwest can identify, in time to incorporate in the regular reporting of this measurement, the cause as being attributable to: Trunk group out-of-service conditions arising from cable cuts, severe weather, or force majeure circumstances; The CLEC placing trunks in a "busy" condition; Lack of interconnection facilities to fulfill LIS requests for which the CLEC did not provide a timely forecast to Qwest. (This portion of the exclusion is limited to being applied in (a) the month the LIS requests could not be fulfilled, due to lack of facilities , and (b) each month thereafter up to the month following facility availability OR u~ to five months after the month the LIS requests could not be fulfilled , whichever is sooner NOT 4); or Isolated incidences of blocking, about which Qwest provides notification to the CLEC, that (a) are not recurring or persistent (affecting the same trunk groups), (b) do not warrant corrective action by CLEC or Qwest, and (c) thus, do not require an actionable TGSR. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 89 NI-1 - Trunk Blockin Continued Trunk groups recently activated that have not been in service for a full "20-high-day, busy hour" review period. Toll trunks, non-final trunks, and trunks that are not connected to the public switched network. . One-way trunks originating at CLEC end offices. . Qwest official services trunks , local interoffice operator and directory assistance trunks, and local interoffice 911/E911 trunks. Records with invalid product codes. Records missin data essential to the calculation of the measurement er the PID. Product Reporting: Standards: , LIS Trunks Where NI-1A ~ 1 %: Where NI-1A:;:. 1%: Where NI-1B ~ 1%: Where NI-1B :;:.1%: N~ 1C and NI-1D: Availability: Available 1 % Parity with Qwest Interoffice Trunks to tandems 1 % Parity with Qwest Interoffice Trunks to end offices Dia nostic NOTE 5 Notes: 1. Qwest uses TGSRs to notify CLECs when trunk blocking exceeds standard thresholds or is determined to be persistent. To respond properly to TGSRs, a CLEC must (a) submit within 20 days ASRs to provide necessary trunk augmentations to avoid further blocking, (b) notify Qwest within 20 days that it is initiating a Trouble Report where Qwest traffic routing problems are causing the blocking referenced by the TGSR, or (c) notify Qwest that the CLEC will undertake its own re-routing of traffic within 20 days to alleviate the blocking. 2. The TGSR-related exclusion is applied in the month in which the TGSR is issued and in the month in which the above-specified 20-day response period ends. Thus, any trunk group excluded in one month will not be excluded in the next month , unless there is (a) a 20-day period following a TGSR ends in that month, (b) there is another TGSR applicable to the next month for the same trunk group or (c) an exception documented, in lieu of issuing a subsequent TGSR, where the CLEC's response to the previous TGSR indicated that, for its own reasons, it plans to take no action at any time to augment the trunk group. 3. CLEC delays are reflected by CLEC-initiated order supplements that move the due date later. a) Qwest-initiated due date delays, including supplements made pursuant to Qwest requests to delay due dates, shall not be counted as CLEC delays in this measurement. b) Qwest-initiated due date changes to earlier dates that the CLEC does not meet shall not be counted as a CLEC delay in this measurement unless the earlier dates were mutually agreed-upon. c) CLEC delays (e. , " customer not ready" in advance of a due date) that do not contribute to a Qwest-established due date being missed shall not be counted as a CLEC delay in this measurement. 4. The limitation on part (3) of this exclusion is intended to bound its applicability to a period of time that treats the unforecasted ASR as if it were, in effect, the first forecast for the facilities needed. a) Given that forecast advance intervals are currently six months, this provision allows the exclusion to apply for no longer than that period of time. b) Nevertheless, this limitation to the exclusion also recognizes that facilities may become available sooner and, if so, reduces the limitation accordingly. In that context, this limitation recognizes that, absent a CLEC forecast, Qwest still retains a responsibility to provide facilities for the ASR, although in a longer timeframe than for ASRs covered by forecasts. NI-1C and NI-1D will be reported for information purposes only, with no standard to be applied. c) This limitation may change depending on the outcome of separate workshops dealing with issues of interconnection forecasting. 5. N~ 1 C and NI-1 D will be reported for information purposes only, with no standard to be lied. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 90 NP-1 - NXX Code Activation Purpose: Evaluates the timeliness of Qwest's NXX code activation prior to the LERG effective date or by the revised" effective date, as set forth herein. Description: NP-1A: Measures the percentage of NXX codes activated in the reporting period that are actually loaded and tested prior to the LERG effective date or the "revised" date, subject to exclusions shown below. NP-1 B: Measures the percentage of NXX codes activated in the reporting period that are delayed beyond the LERG date or "revised" date due to Qwest-caused Interconnection facility delays subject to exclusions shown below. Included among activations counted as a Qwest delay in this sub-measurement are cases in which "6 codes" NOTE 1 associated with the Qwest interconnection facilities are provided late by Qwest to the CLEC. Qwest must receive complete and accurate routing information required for code activation, which includes but is not limited to "6 codes" for all interconnection trunk groups associated with the activation no less than 25 days prior to the LERG Due Date or Revised Due Date. . The "revised" date, for purposes of this measurement, is a CLEC-initiated renegotiation of the activation effective date that is no less than 25 days after Qwest receives complete and accurate routing information required for code activation, which includes but is not limited to "6 codes" for all interconnection trunk groups associated with the activation. . The NXX code activation notice is provided by the LERG (Local Exchange Routing Guide) to Qwest. . NXX code activation is defined as complete when all translations associated with the new NXX are complete by 11 :59 p.m. of the day prior to the date identified in the LERG or the "revised" date (if different than the LERG date). The NXX code activation completion process includes testing, including calls to the test number when provided. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results. Formula: NP-1A = ((Number of NXX codes loaded and tested in the reporting period prior to the LERG effective date or the "revised" date) + (Number of NXX codes loaded and tested in the reporting period)) x 100 Disaggregation Reporting: Statewide. NP-1B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or "revised" date affected by Qwest Interconnection Facility Delays) + (Number of NXX codes loaded and tested in the reporting period, including NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or the "revised" date due to Interconnection Facility Delays)) x 100 Exclusions: NP-1A: NXX code activations completed after the LERG date or "revised" date due to delays in the installation of Qwest provided interconnection facilities associated with the activations. NOTE 2 NP-1A and NP-1 B: NXX codes with LERG dates or "revised" dates resulting in loading intervals shorter than industry standard (currently 45 calendar days). NXX codes where QWEST received complete and accurate routing information required for code activations less than 25 days prior to the LERG due date or Revised due date. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 91 NP-1 - NXX Code Activation (continued) Product Reporting: None Availability: Available Standards: NP-1A: Parity NP-1 B: Diagnostic Notes:1. "6 codes" are industry-standard designators for local interconnection trunk groups, consisting of 2 alpha letters and six numeric digits.2. Only Qwest-provided interconnection facilities are noted in this exclusion, because delays related to facilities provided by CLECs or others are accounted for by revising the due date. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 92 Collocation CP-1 - Collocation Completion IntervalPurpose: Evaluates the timeliness of Qwest's installation of collocation arrangements for CLECs , focusing on the average time to complete such arrangements. Description: Measures the interval between the Collocation Application Date and Qwest's completion of thecollocation installation. Includes all collocations of types specified herein that are assigned a Ready or Service (RFS) date by Qwest and completed during the reporting period, subject to exclusions specified below. Collocation types included are: physical cageless, rhysical caged , shared physical caged, physical- line sharing, cageless-line sharing, and virtual. NOT . The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's collocation application is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday. Major Infrastructure Modifications include conditioning the collocation space, obtaining permits, and installing DC power plant, standby generators, heating, venting or air conditioning equipment. Completion of the collocation installation is the date on which the requested collocation arrangement is "Ready For Service" as defined in the Definition of Terms section herein. Establishment of RFS Dates: RFS dates are established according to intervals specified in interconnection agreements. Where an interconnection agreement does not specify intervals, or where the CLEC requests, RFS dates are established as follows: Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and, for virtual collocations , where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date , the RFS date shall be: Forecasted Collocations: 90 calendar days after the Collocation Application Date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations : 120 calendar days after the Collocation Application Date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Collocation Applications with Late Quote Acceptance and , for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or more calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date, the RFS date shall be: Forecasted Collocations : 90 calendar days after the quote acceptance date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 120 calendar days after the quote acceptance date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations : 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 93 CP-1 - Collocation Completion Interval (continued) collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in,advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. All Colloca ions sical virtual forecasted or unforecasted uirin i2rInfrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote) after the Collocation Application Date, or (2) for virtual collocations, 45 days following the date equipment to be collocated is provided to Qwest for collocations in which Major Infrastructure Modifications are required. Qwest will provide to the CLEC, as part of the quotation , the need for and the duration of, such extended intervals. When a CLEC submits six (6) or more Collocation applications in a one-week period in any state completion intervals will be individually negotiated. These collocation arrangements will be included in CP-1 A , - 1 B, or -1 C according to the interval criteria specified below for these measurements. Where there is a CLEC-caused delay, the RFS Date is rescheduled . RFS dates may be extended beyond the above intervals for CLEC reasons, or for reasons beyond Qwest's control, but not for Qwest reasons. . Where CLECs do not accept the quote within thirty days of the quote date, the application is considered expired. CP-Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 90 calendar days or less. CP-1 B Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 91 to 120 calendar days. CP-1 C Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 121 to 150 calendar days. Reporting Period: One month Unit of Measure: Calendar Days Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide. Formula: (for CP-, CP-Band CP-1C) L((Collocation Completion Date) - (Complete Application Date)) + (Total Number of Collocations Completed in Reporting Period) Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 94 CP-1 - Collocation Completion Interval (continued) Exclusions: . CP-1A: CLEC collocation applications with RFS dates yielding scheduled intervals longer than 90 calendar days from Collocation Application Date to RFS date. . , CP-1 B: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than calendar days or longer than 120 calendar days from Collocation Application Date to RFS date. . CP-1C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121 calendar days or longer than 150 calendar days from Collocation Application Date to RFS date. Cancelled or ex ired a Product Reporting: None lications. Standards: CP-1 A: 90 calendar days CP-1B: 120 calendar days CP-1 C: 150 calendar da s Availabi~ity: Available Notes: 1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted, mature (Le., six months of experience from first installations), and ordered in volumes warranting re ortin Le., consistentl more than two er month in an state. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 95 CP-2 - Collocations Completed within Scheduled Intervals Purpose: Evaluates the extent to which Qwest completes collocation arrangements for CLECs within the standard intervals or intervals established in interconnection agreements. Description: Measures the percentage of collocation applications that are completed within standard intervals, including intervals set forth in interconnection agreements. Includes all collocations of types specified herein that are assigned a Ready for .Service Date RFS date Qwest and that are completed within the reporting period, including those with CLEC-requested RFS dates longer than the standard interval and those with extended RFS dates negotiated with the CLEC (including supplemented collocation orders that extend the RFS date) subject to exclusions specified below. Collocation types included are: physical ca~eless, physical caged, shared physical caged , physical-line sharing, cageless-line sharing, and virtual. OTE 1 . The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's collocation application is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday. Major Infrastructure Modifications are defined as conditioning the collocation space, obtaining permits, and installing DC power plant, standby generators, heating, venting or air conditioning equipment. . A collocation arrangement is counted as met under this measurement if its RFS date is met. Establishment of RFS Dates: RFS dates are established as follows, except where interconnection agreements require different intervals, in which case the intervals specified in the interconnection agreements apply: Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date the RFS date shall be: Forecasted Collocations: 90 calendar days after the Collocation Application Date for physical collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 120 calendar days after the Collocation Application Date for physical collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or more calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 90 calendar days after the quote acceptance date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations : 120 calendar days after the quote acceptance date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations : 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready - for Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 96 CP-2 - Collocations Completed within Scheduled Intervals (continued) virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Applicatibn Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. All Collocations sical virtual forecasted or unforecas uirin or Infrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote) after the Collocation Application Date, or (2) for virtual collocations, 45 calendar days following the date equipment to be collocated is provided to Qwest for collocations in which Major Infrastructure Modifications are required. Qwest will provide to the CLEC, as part of the quotation , the need for, and the duration of such extended intervals. . When a CLEC submits six (6) or more Collocation applications in a one-week period in any state completion intervals will be individually negotiated. These collocation arrangements will be included in CP- , - , or -2C according to the criteria specified below for these measurements. . Where there is a CLEC-caused delay, the RFS Date is rescheduled. . Where CLECs do not accept the quote within thirty calendar days of the quote date, the application is considered expired. CP-Forecasted Collocations: Measures collocation installations for which CLEC provides a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-Non-Forecasted and Late Forecasted Collocations: Measures collocation installations for which CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-All Collocations requiring Major Infrastructure Modifications and Collocations with intervals longer than 120 days: Measures all collocation installations requiring Major Infrastructure Modifications and collocations for which the RFS date is more than 120 calendar days after the Collocation Application Date. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide level. Formula: (for CP-, CP-2B and CP-2C) ((Count of Collocations for which the RFS is met) + (Total Number of Collocations Completed in the Reporting Period)) x 100 Exclusions: . RFS dates missed for reasons beyond Qwest's control. Cancelled or expired requests. Product Reporting: None Standards: CP-2A & -2B: 90% CP-2C: 90% Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 97 CP-2 - Collocations Completed within Scheduled Intervals (continued) Availability: Available Notes:1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted , mature (Le., six months of experience from first installations), and ordered in volumes warranting reporting (Le., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 98 CP-3 - Collocation Feasibility Study Interval Purpose: Evaluates the timeliness of the Qwest sub-process function of providing a collocation feasibility study to the CLEC. Description: Measures average interval to respond to collocation studies for feasibility of installation. Includes feasibility studies , for collocations of types specified herein that are completed in the reporting period , subject to exclusions specified below. Collocation types included are: physical cageless, ~hysical caged, shared physical caged, physical-line sharing, cageless-line sharing, and virtual. NOT Interval begins with the Collocation Application Date and ends with the date Qwest completes the Feasibility Study and provides it to the CLEC. . The Collocation Application Date is the date Qwest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or hoHday, the Collocation Application Date is the next business da following the weekend or holiday. Reporting Period: One month Unit of Measure: Calendar Days Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide level. Formula: L((Date Feasibility Study provided to CLEC) - (Date Qwest receives CLEC request for Feasibility Study)) + (Total Feasibility Studies Completed in the Reporting Period) Exclusions: CLEC-caused delays of, or CLEC requests for feasibility study completions resulting in greater than ten calendar days from Collocation Application Date to scheduled feasibility study completion , date. Product Reporting: None Standard:10 calendar days or less Availability: Available Notes:1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms conditions, and processes for such collocation types become finalized, accepted, mature (Le., six months of experience from first installations), and ordered in volumes warranting reporting (Le. consistently more than two per month in any state). Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 99 CP-4 - Collocation Feasibility Study Commitments Met Purpose: Evaluates the degree that Qwest completes the sub-process function of providing a collocation feasibility study to the CLEC as committed. Description: Measures the percentage of collocation feasibility studies for installations that are completed within the Scheduled Interval The Scheduled Interval is ten calendar days from the Collocation Application Date or, if interconnection agreements call for different intervals, within intervals specified in the agreements, or if otherwise delayed by the CLEC, the interval resulting from the delay. Includes all feasibility studies for collocations of types specified herein, that are completed in the reporting period. Collocation types included are: physical cageless, physical caged, shared physical caged , physical-line sharing, cageless-line sharing, and virtual. NOTE 1 Considers the interval from the Collocation Application Date to the date Qwest completes the Feasibility Study and provides it to the CLEC. . The Collocation Application Date is the date Qwest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business da following the weekend or holiday. Subject to superceding terms in the CLEC's interconnection agreement, when a CLEC submits six (6) or more Collocation applications in a one-week period in any state, feasibility study intervals will be individually negotiated and the resulting intervals used instead of ten calendar days in this measurement. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide level. Formula: ((Total Applicable Collocation Feasibility studies completed within Scheduled Intervals) + (Total applicable Collocation Feasibility studies completed in the reporting period)) x 100 Exclusions: None Product Reporting: None Standard:90 percent or more Availability: Available Notes:1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered , they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted, mature (Le. six months of experience from first installations), and ordered in volumes warranting reporting (Le., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30,2004 Page 100 DEFINITION OF TERMS Application Date (and Time) - The date (and time) on which Qwest receives from the CLEC a complete and accurate local service request (LSR) or access service request (ASR) or retail order subject to the following: For the following types of requests/orders, the application date (and time) is the start of the next business day: (1) LSRs and ASRs received after 3:00PM MT for Designed Services and Local Number Portability (except non-designed , flow-through LNP). (2) Retail orders received after 3:00 PM local time for Designed Services. (3) LSRs received after 7:00PM MT for POTS Resale (Residence and Business), Non-Design Resale Centrex, non-designed UNE-, Unbundled Loops, and non-designed, flow-through LNP. (4) Retail orders for comparable non-designed services cannot be received after closing time, so the cutoff time is essentially the business office closing time. For all types of orders that are received from Friday at 7:00 PM MT through Sunday, or on holidays, and do not flow through , the application date (and time) is the next, non-weekend business day. Automatic Location Information (All) - The feature of E911 that displays at the Public Safety Answering Point (PSAP) the street address of the calling telephone number. This feature requires a data storage and retrieval system for translating telephone numbers to the associated address. All may include Emergency Service Number (ESN), street address, room or floor, and names of the enforcement, fire and medical agencies with jurisdictional responsibility for the address. The Management System (E911) database is used to update th~ Automatic E911 Location Information databases. Bill Date - The date shown at the top of the bill, representing the date on which Qwest begins to close the bill. Blocking - Condition on a telecommunications network where, due to a maintenance problem or an traffic volumes exceeding trunking capacity in a part of the network, some or all originating or terminating calls cannot reach their final destinations. Depending on the condition and the part of the network affected, the network may make subsequent attempts to complete the call or the call may be completely blocked. If the call is completely blocked , the calling party will have to re-initiate the call attem pt. Business Day - Workdays that Qwest is normally open for business. Business Day = Monday through Friday, excluding weekends and Qwest published Holidays including New Year s Day, Memorial Day, July 4 , Labor Day, Thanksgiving and Christmas. Individual measurement definitions may modify (typically expanding) this definition as described in the Notes section of the measurement definition. Cleared Trouble Report - A trouble report for which the trouble has been cleared, meaning the customer is "back in service Closed Trouble Report - A trouble report that has been closed out from a maintenance center perspective meaning the ticket is closed in the trouble reporting system following repair of the trouble. Code Activation (Opening) - Process by which new NPA!NXXs (area code/prefix) is defined through software translations to network databases and switches, in telephone networks. Code activation (openings) allow for new groups of telephone numbers (usually in blocks of 10,000) to be made available for assignment to an ILEC's or CLEC's customers, and for calls to those numbers to be passed between carriers. Common Channel Signaling System 7 (CCSS7) - A network architecture used to for the exchange of signaling information between telecommunications nodes and networks on an out-of-band basis. Information exchanged provides for call set-up and supports services and features such as CLASS and database query and response. Common Transport - Trunk groups between tandem and end office switches that are shared by more than one carrier, often including the traffic of both the ILEC and several CLECs. Completion - The time in the order process when the service has been provisioned and service is available. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 101 DEFINITION OF TERMS (continued) Completion Notice - A notification the ILEC provides to the CLEC to inform the CLEC that the requested service order activity is complete. Coordinated Customer Conversion -- Orders that have a due date negotiated between the ILEC the CLEC, and the customer so that work activities can be performed on a coordinated basis under the direction of the receiving carrier. Customer Requested Due Date - A specific due date requested by the customer which is either shorter or longer than the standard interval or the interval offered by the ILEC. Customer Trouble Reports - A report that the carrier providing the underlying service opens when notified that a customer has a problem with their service. . Once resolved , the disposition of thetrouble is changed to closed. Dedicated Transport - A network facility reserved to the exclusive use of a single customer, carrier or pair of carriers used to exchange switched or special, local exchange, or exchange access traffic. Delayed Order - An order which has been completed after the scheduled due date and/or time. Directory Assistance Database - A database that contains subscriber records used to provide live or automated operator-assisted directory assistance. Including 411 , 555-1212, NPA-555-1212. Directory Listings - Subscriber information used for DA and/or telephone directory publishing, including name and telephone number, and optionally, the customer s address. DS-O - Digital Service Level O. Service provided at a digi~al signal speed commonly at 64 kbps, but occasionally at 56 kbps. DS-1 - Digital Service Level 1. Service provided at a digital signal speed of 1.544 Mbps. DS-3 - Digital Service Level 3. Service provided at a digital signal speed of 44.736 Mbps. Due Date - The date provided on the Firm Order Confirmation (FOC) the ILEC sends the CLEC identifying the planned completion date for the order. End Office Switch - A switch from which an end users' exchange services are directly connected and offered. Final Trunk Groups - Interconnection and interoffice trunk groups that do not overflow traffic to other trunk groups when busy. Firm Order Confirmation (FOC) - Notice the ILEC sends to the CLEC to notify the CLEC that it has received the CLECs service request, created a service order, and assigned it a due date. Flow-Through -The term used to describe whether a LSR electronically is passed from the ass interface system to the ILEC legacy system to automatically create a service order. LSRs that do not . flow through require manual intervention for the service order to be created in the ILEC legacy system. Interval Zone 1/Zone 2 - Interval Zone 1 areas are wie centers for which Qwest specifies shorter standard service intervals than for Interval Zone 2 areas. Installation - The activity performed to activate a service. Installation Troubles - A trouble, which is identified after service order activity and installation, has completed on a customer s line. It is likely attributable to the service activity (within a defined time period). Interconnection Trunks - A network facility that is used to interconnect two switches generally of different local exchange carriers Inward Activity - Refers to all orders for new or additional lines/circuits. For change order types additional lines/circuits consist of all C orders with "I" and "T" action coded line/circuit USOCs that represent new or additional lines/circuits, including conversions from retail to CLEC and CLEC to CLEC. Jeopardy - A condition experienced in the service provisioning process which results potentially in the inability of a carrier to meet the committed due date on a service order Jeopardy Notice - The actual notice that the ILEC sends to the CLEC when a jeopardy has been identified. Lack of Facilities - A shortage of cable facilities identified after a due date has been committed to a customer, including the CLEC. The facilities shortage may be identified during the inventory assignment process or during the service installation process, and typically triggers a jeopardy. Local Exchange Routing Guide (LERG) - A Bellcore master file that is used by the telecom industry to identify NPA-NXX routing and homing information , as well as network element and equipment designations. The file also includes scheduled network changes associated with activity within the North American Numbering Plan (NANP). Local Exchange Traffic Traffic originated on the network of a LEC in a local calling area that terminates to another LEC in a local calling area. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 102 DEFINITION OF TERMS (continued) Local Number Portability (formerly defined under Permanent Number Portability and also known as - Long Term Number Portability) - A network technology which allows end user customers to retain their telephone number when moving their service between local service providers. This technology does not employ remote call forwarding, but actually allows the customer s telephone number to be moved and redefined in the network of the new service provider. The activity to move the telephone number is called "porting. Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to request a change(s) be made to existing services. MSA/Non-MSA - Metropolitan Statistical Area is a government defined geographic area with a population of 50 000 or greater. Non-Metropolitan Statistical Area is a government defined geographic area with population of less than 50,000. Qwest depicts MSA Non-MSA based on NPA NXX. Where a wire center is predominantly within an MSA, all lines are counted within the MSA. Mechanized BiII- A bill that is delivered via electronic transmission. NXX, NXX Code or Central Office Code - The three digit switch entity indicator that is defined by the " , " , and "F" digits of a 10-digit telephone number within the NANP. Each NXX Code contains 10 000 station numbers. Plain Old Telephone Service (POTS) - Refers to basic 2-wire, non-complex analog residential and business services. Can include feature capabilities (e., CLASS features). Projects - Service requests that exceed the line size and/or level of complexity which would allow for the use of standard ordering and provisioning processes. Generally, due dates for projects are negotiated, coordination of service installations/changes is required and automated provisioning may not be practical. Query Types - Pre-ordering information that is available to a CLEC that is categorized according to standards issued by OBF and/or the FCC. Ready For Service (RFS) - The status achieved in the installation of a collocation arrangement when all "operational" work has been completed. Operational work consists of the following as applicable to the particular type of collocation: Cage enclosure complete; . DC power is active (including fuses available, BDFB (Battery Distribution Fuse Board) in place and cables between the CLEC and power terminated); Primary AC outlet in place; Cable racking and circuit terminations are complete (e.g. fiber jumpers placed between the Outside Plant Fiber Distribution Panel and the Central Office Fiber Distribution Panel serving the CLEC). and The following items complete, subject to the CLEC having made required payments to Qwest (e., final payment): (If the required CLEC payments have not been made, the following itemsare not required for RFS): Key turnover made available to CLEC. APOT/CFA complete, as defined/required in the CLEC's interconnection agreement and Basic telephone service and other services and facilities complete, if ordered by CLEC in time to be provided on the scheduled RFS date (per Qwest's published standard installation intervals for such telephone service). Ready for Service Date (RFS date) - The due date assigned to a collocation order (typically determined , by regulatory rulings, contract terms, or negotiations with CLEC) to indicate when collocation installation is scheduled to be ready for service, as defined above. Reject - A status that can occur to a CLEC submitted local service request (LSR) when it does not meet certain criteria. There are two types of rejects: (1) syntax, which occur if required fields are not included in the LSR; and (2) content, which occur if invalid data is provided in a field. A rejected service request must be corrected and re-submitted before provisioning can begin. Repeat Report - Any trouble report that is a second (or greater) report on the same telephone number/circuit ID and at the same premises address within 30 days. The original report can be any category, including excluded reports, and can carry any disposition code. Service Group Type - The designation used to identify a category of similar services , . , UNE loops. Service Order - The work order created and distributed in ILECs systems and to ILEC work groups in response to a complete, valid local service request. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 103 DEFINITION OF TERMS (continued) Service Order Type - The designation used to identify the major types of provisioning activities associated with a local service request. Standard Interval - The interval that the ILEC publishes as a guideline for establishing due dates for provisioning a service request. Typically, due dates will not be assigned with intervals shorter than the standard. These intervals are specified by service type and type of service modification requested. ILECs publish these standard intervals in documents used by their own service representatives as well as ordering instructions provided to CLECs in the Qwest Standard Interval Guidelines. Subsequent Reports - A trouble report that is taken in relation to a previously-reported trouble prior to the date and time the initial report has a status of "closed. Tandem Switch - Switch used to connect and switch trunk circuits between and among Central Office switches. Time to Restore - The time interval from the receipt, by the ILEC, of a trouble report on a customer s service to the time service is fully restored to the customer. Unbundled Network Element - Platform (UNE-P) - Combinations of network elements, including both new and conversions, involving POTS (Le., basic services providing dial tone). Unbundled Loop - The Unbundled Loop is a transmission path between a Qwest Central Office Distribution Frame, or equivalent, and the Loop Demarcation Point at an end user premises. Loop Demarcation Point is defined as the point where Qwest owned or controlled facilities cease, and CLEC, end user, owner or landlord ownership of facilities begins. Usage Data - Data generated in network nodes to identify switched call data on a detailed or summarized basis. Usage data is used to create customer invoices for the calls. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 104 GLOSSARY OF ACRONYMS ACRONYM DESCRIPTION ACD Automatic Call Distributor ADSL Asymmetric Digital Subscriber Line All Automatic Line Information (for 911/E911 systems) ASR Service Request (processed via Exact system) BRI Basic Rate Interface (type of ISDN service) CABS Carrier Access Billing System CKT Circuit CLEC Competitive Local Exchange Carrier Central Office CPE Customer Premises Equipment CRIS Customer Record Information System CSR Customer, Service Record Directory Assistance Decibel Database DSO Digital Service 0 DS1 Digital Service DS3 Digital Service 3 E911 MS E911 Management System EAS Extended Area Service EB-Electronic Bonding - Trouble Administration EDI Electronic Data InterchanQe EELS Enhanced Extended Loops Emergency Services (for 911/E911) FOC Firm Order Confirmation GUI Graphical User Interface HDSL High-Bit-Rate Digital Subscriber Line HICAP High Capacity Digital Service IEC Interexchange Carrier ILEC Incumbent Local Exchange Carrier INP Interim Number Portability IOF Interoffice Facilities (refers to trunk facilities located between Qwest central offices) ISDN Integrated Services Digital Network IMA Interconnect Mediated Access LATA Local Access Transport Area LERG Local Exchange Routing Guide LlDB Line Identification Database LIS Local Interconnection Service Trunks LNP Long Term Number Portability LSR Local Service Request , T Service Order Types - - N (new), T (to or transfer), C change) NANP North American Numbering Plan NDM Network Data Mover NPAC Number Portability Administration Center NXX Telephone number prefix OBF Ordering and Billing Forum Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 105 GLOSSARY OF ACRONYMS (continued) ACRONYM DESCRIPTION OOS Out of service (type of trouble condition)ass Operations Support Systems PBX Private Branch Exchange paN Purchase Order Number POTS Plain Old Telephone Service PRI Primary Rate Interface (type of ISDN service) RFS Ready for Service (refers to collocation installations) SIA SAAFE (Strategic Application Architecture Framework and Environment) Information Access SOP Service Order Processor SOT Service Order Type SS7 Signaling System 7 STP Signaling Transfer Point Telephone Number UDIT Unbundled Dedicated Interoffice Transport UNE Unbundled Network Element UNE-Unbundled Network Element - Platform VRU Voice Response Unit WFA Work Force Administration XDSL (x) Digital Subscriber Line. (The "" prefix refers to DSL generically. An "" replaced by an "A" refers to Asymmetric DSL , and by an "H" refers to High-bit-rate DSL.) Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 106 APPENDIX A PO-20 Feature Detail Fields Feature Detail Resale and UNE-P (POTS and Centrex 21): CFN Validate the call forwarding TN CFNB Validate the call forwarding TN CFND Validate the call forwarding TN RCYC FID associated with a call forwarding don t answer USOC that determines how many rings before the call forwards to the TN provided with the CFN or CFND FIDs. HLN (HLA Hot Line) FID associated with the USOC HLA (which is on our USOC list to validate.) The Hot Line feature call forwards automatically to a pre-programmed number. This TN is provided following the HLN FID. The data provided in the Feature Detail section on the LSR will be validated against the HLN FID on the service order to determine whether the FID is present and the TN provided on the LSR with the FID is correct on the service order. LINK (HME CALL FORWARDING TO CELLULAR) FID associated with the USOC HME (which is on our USOC list to validate.) The HME feature call forwards a call from the landline telephone number to a cellular telephone number. The LINK FID, along with the PCS telephone number provided in the Feature Detail section on the LSR, will be validated against the LINK FID on the service order to determine whether the FID is present and the telephone number provided on the LSR matches the telephone number on the service order. DES on DID MBB If the CLEC requests a DID voice mailbox the DID number will follow the FID DES on the LSR in the. Feature Detail section and on the service order. The DES FID along with the DID telephone number provided in the Feature Detail section on the LSR will be validated against the DES FID on the service order to determine whether the FID is present and the DID telephone number provided on the matches the telephone number on the service order. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 107 APPENDIX A (continued) TN on Custom Ring USOC (RGG1A etc. We currently have 9 custom ring USOCs on our PO-20 USOC list. Along with the custom ring USOC the TN FID. The TN FID along with the custom ring telephone number provided in the Feature Detail section on the LSR will be validated against the TN FID on the service order to determine whether the FID is present and the custom ring telephone provided on the LSR with the FID is correct on the service order. (The validation would only apply if the USOC and FID were present in the Feature Detail section of the LSR. CAS (If provided on LSR for SEA) Call Screening Code Assignment is a FID associated with the selective class of call feature (which is on our USOC list to validate.) Along with the CAS FID is a two-digit number that indicates what type of screening is being requested. The CAS FID along with a two-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the two-digit number matches the two-digit number provided on the LSR. WW (if provided on LSR for TFM) Working With is a FID associated with the transfer mailbox feature (which is on our USOC list to validate. Along with the WW FID is a ten-digit number that indicates where the voice mailbox is located. The WW FID along with the ten-digit number is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the ten- digit number matches the ten-digit number provided on the LSR. MBOA (if provided on LSR for VFN) Mailbox out-dial notification is a FID associated with the message notification feature (which is on our USOC list to validate.) Along with the MBOA FID is a two-digit alphanumeric combination that indicates where the notification will be sent (Le., identifies pager type.) The MBOA FID along with the two-digit alphanumeric combination is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the two-digit alphanumeric matches the two-digit alphanumeric provided on the LSR. DES on VGT (if provided on LSR) Description is a FID associated with the scheduled greeting feature (which is on our USOC list to validate.) Along with the DES FID is a ten-digit telephone number that reflects the DID mailbox number. The DES FID along with the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. WL (WLS Warm Line) Warm line timeout is a FID associated with the warm line feature. Along with the WL T FID is a one or two numeric value that indicates the number of seconds that must elapse before the DMS-100 switch sets up the connection for a warm line service number. The WL T FID along with the one or two numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the one or two numeric value matches the one or two numeric value provided on the LSR. Qwest Idaho SGAT Third Revision Seventh Amended Exhibit B November 30 2004 Page 108 APPENDIX A (continued) FIDs associated with WFA (800 service line feature which is on our USOC list to validate): SIT (if provided on LSR for WFA) Special identifying telephone number is a FID associated with the 800 service line feature. Along with the SIT FID is a ten-digit telephone number that reflects the 800 888 877 , or 866 service line feature. The SIT FID along with the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. SIS (if provided on LSR for WFA) Special Identifying Telephone Number Supplemental is a FID associated with the 800 service line feature. The SIS FID along with a one-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the one-digit number matches the one-digit number provided on the LSR. ELN (if provided on LSR for WFA) 800 Service listed name is a FID associated with the 800 service line feature. Along with the ELN FID is a listed name, which follows the format of a business name. The ELN FID along with the name is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the name matches the name provided on the LSR. ELA (if provided on LSR for WFA) 800 listed address is a FID associated with the 800 service line feature. Along with the ELA FID is an address, which follows the format of a listed address plus LATA, State, and ZIP code. The ELA FID along with the address is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the address matches the address provided on the LSR. ADS (if provided on LSR for WFA) Area of service is a FID associated with the 800 service line feature. Along with the AOS FID are one to two alphanumeric characters and three numeric characters which represents LATA and AC of the address. The AOS FID along with the additional characters are provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the additional characters match the additional characters provided on the LSR. ALC (if provided on LSR for WFA) IntraLATA carrier is a FID associated with the 800 service line feature. It indicates the IntraLATA carrier for the 800 service. Along with the ALC FID is the three-digit code (OTC) for the IntraLATA carrier. The ALC FID along with the three-digit code is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the three-digit code matches the three-digit code provided on the LSR. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 109 APPENDIX A (continued) Resale and UNE-P Centrex 21 FIDs associated with SO3, SO5, SFB , C2T AX (Electronic Business Set USOCs which are on our USOC list to validate): KEY (If provided on LSR for Electronic Business Set EBS USOCs) Key Designation (KEY number) is a FID associated with the Electronic Business Set feature. Along with the KEY FID is a numeric value that indicates the key designated for different features or lines on the EBS. The KEY FID along with the numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the numeric value matches the numeric value provided on the LSR. MADN (If provided on LSR for Electronic Business Set EBS USOCs) Multiple Appearance Directory Number Call Arrangement is a FID associated with the Electronic Business Set feature. Along with the MADN FID is a set of alpha values that indicate the type appearance and ring status desired for different features or lines on the EBS. The KEY FID along with the alpha values is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alpha values match the alpha values provided on the LSR. ROL (If provided on LSR for Electronic Business Set EBS USOCs) Ring On Line is a FID associated with the Electronic Business Set feature. Along with the ROL FID is an alpha value that indicates if the line will ring (Y or N). The ROL FID along with the alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alpha value matches the alpha value provided on the LSR. TTYD (If provided on LSR for C2T AX) Terminal Type is a FID associated with the adjunct module feature. Along with the TTYD FID is a 4 character alpha value based on customer equipment. The TTYD FID along with the 4 character alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 4 character alpha value matches the 4 character alpha value provided on the LSR. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 110 APPENDIX A (continued) FIDs associated with E3PPK (CALL PICK-UP feature which is on our USOC list to validate): CPG (If provided on LSR for E3PPK) Call Pickup Group is a FID associated with the CALL PICK-UP feature. Along with the CPG FID is a 1-3 digit numeric value that identifies the call pickup group. The CPG FID along with the 1- digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 1- digit numeric value matches the 1-3 digit numeric value provided on the LSR. CPUO (If provided on LSR for E3PPK) Call Pickup-Originating is a FID associated with the CALL PICK-UP feature. Along with the CPUO FID is an alphanumeric value that identifies the call pickup group. The CPUO FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. CPUT (If provided on LSR for E3PPK) Call Pickup-Terminating is a FID associated with the CALL PICK-UP feature. Along with the CPUT FID is an alphanumeric value that identifies the call pickup group. The CPUT FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. FIDs associated with GVJ , EZJ, GVZ, GV2, EVH , GW (Speed Call feature USOCs that are on ourUSOC list to validate): SCG (If provided on LSR for Speed call USOCs) Speed Call Group is a FID associated with the Speed call feature. Along with the SCG FID is a 7 digit numeric value that identifies the controller of the group. The SCG FID along with the 7 digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 7 digit numeric value matches 7 digit numeric value provided on the LSR. CSt (If provided on LSR for Speed call USOCs) Change Speed Calling Group List is a FID associated with the Speed call feature. Along with the CSL FID is a 2 digit numeric value that identifies the size of the group list. The SCG FID along with the 7 digit numeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the 2 digit numeric value matches 2 digit numeric value provided on the LSR. SCF (If provided on LSR for Speed call USOCs) Speed Calling Feature Name is a FID associated with the Speed call feature. Along with the SCF FID is an alphanumeric value that identifies the controller of the shared list. The SCF FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 111 EXHIBIT C See Qwest's Wholesale web-site for the Service Interval Guide. Exhibit C -Qwest Fourteen State Template Version 1., May 11 , 2005 Exhibit D Date General Information Provided by Owest: General Agreement: BAN Number(must be assigned before processing): REVISED OWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY GENERAL INFORMATION: EFFECTIVE 6/29/01 1. PURPOSE The purpose of this General Information document is to share information and provide or deny permjssion to attach and maintajn CLEC's facilities ("Facilities ) to Qwest Corporatjon s ("Qwest") Poles , to place Facilitjes on or within Qwest's Innerduct (collectively Poles/lnnerduct") and to obtajn access to Qwest's private rjght of way ("ROW"), to the extent Qwe$t has the right to grant such access. Thjs General Information is necessary to determine if Qwest can meet the needs of the CLEC's request but does not guarantee that physjcal space or access is currently available. Permission will be granted on a first-come , first-serve basis on the terms and condjtjons set forth jn the appropriate agreement pertaining to "Poles/lnnerduct" PROCESS The Qwest process js designed to provide the CLEC the information so as to assist CLEC and Qwest to make Poles, Innerduct and ROW decisjons in a cost-efficient manner. The Process has these distinct steps: lnguirv Review - Attachment 1.A (Database Search). The CLEC is requested to review this document and return Attachment 1.A along with two copies of a map and the nonrefundable Inqujry Fee, calculated jn accordance with Attachment 1.A hereto. These fees are jntended to cover Qwest's expenses associated with performing an internal record (database) review preparing a cost estimate for the required fjeld survey, setting up an account, and determinjng time frames for completion of each task to meet the CLEC's Request. Be sure a BAN number is assigned by the Qwest Service Support Representatjve for each request before sending an Attachment 1.A. To request a BAN number send an email requesting one to: wholesale.servicesSUI2Portteam~qwest.com. Include your name, company, phone number, email address, city and state of our inquiry. A BAN number will be assigned to your inquiry and will be emailed to you along with other materials. As jndicated on Attachment 1., a copy of the signed Attachment and maps of the desired route must be emailed to wholesale.servicessupportteam~qwest.com while the fee must be sent to the Qwest CLEC Joint Use Manager with the original sjgned Attachment 1.A. The map should clearly show street names and highways along the entire route, and specific locations of entry and exjt of the ROW/duct/pole system. Area Maps should be legible and identify all significant geographjc characterjstjcs including, but not limited to, the following: Qwest central offices, streets, citjesstates, lakes , rivers, mountains , etc. Qwest reserves the right to reject illegible or jncomplete maps. If CLEC wishes to terminate at a partjcular manhole (such as a POI) it must be indjcated on the maps. For ROW: Section, Range and Township, to the section must also be provided. Qwest will complete the Inquiry review and prepare and return a Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation (Attachment 1.B) to the CLEC generally within ten (10) days or the applicable federal or state law, rule or regulation that governs thjs Agreement jn the state in which Innerduct attachment is requested. In the case of poles Qwest will assign a Field Engineer and provide hjs/her name and phone number to the CLEC. The Field Engineer will check the local database and be available for a joint verificatjon with the CLEC. The Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotatjon wjll be valid for thirty (30) calendar days from the date of quotation. The Inquiry step results only Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page Exhibit D jn the location and mappjng of Qwest facilities and does not indicate whether space is available. This jnformation is provided with Attachment 1. In the case of ROW , Qwest will prepare and return a ROW jnformation matrix and a copy agreements Ijsted in the ROW Matrix, within ten (10) days. The ROW Matrix will identify (a) the owner of the ROW as reflected in Qwest's records , and (b) the nature of each ROW (Le., publjcly recorded and non-recorded). The ROW information matrix will also indjcate whether or not Qwest has a copy of the ROW agreement in jts possession. Qwest makes no representatjons or warrantjes regarding the accuracy of jts records, and CLEC acknowledges that, to the extent that real property rights run with the land, the original granting party may not be the current owner of the property. In the case of MDUs , Qwest will prepare and return an MDU information matrjx, within ten (10) days, which wjll identify (a) the owner of the MDU as reflected in Qwest's records , and (b) whether or not Qwest has a copy of the agreement between Qwest and the owner of a specifjc multj-dwelling unit that grants Qwest access to the multj-dwelling unit in its possession. Qwest makes no representatjons or warrantjes regarding the accuracy of its records, and CLEC acknowledges that the origjnallandowner may not be the current owner of the property. Qwest will provide to CLEC a copy of agreements listed jn the Matrices that have not been publicly recorded jf CLEC obtains authorization for such disclosure from the third partyowner(s) of the real property at jssue by an executed versjon of the Consent to Disclosure form , which is included in Attachment 4. Qwest will redact all dollar figures from copies of agreements listed in the Matrices that have not been publicly recorded that Qwest provjdes to CLEC. Alternatively, order to secure any agreement that has not been publicly recorded, a CLEC may provide a legally binding and satisfactory agreement to indemnjfy Qwest in the event of any legal action arjsing out of Qwest's provisjon of such agreement to CLEC. In that event, the CLEC shall not be required to execute the Consent to Disclosure form. If there js no other effectjve agreement (i.an Interconnection Agreement) between CLEC and Qwest concernjng access to Poles, Ducts and ROW , then Attachment 3 must be executed by both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles Ducts and/or ROW. Attachment 1.(Verificatjon) & Attachment 4 (Access Aqreement Preparation),.With respect to Poles and Innerduct upon review and acceptance of signed Attachment 1.8 and payment of the estimated verjfjcation costs by the CLEC, Qwest will conduct facilities verificatjon and provide the requested information whjch mayor may not include the following: a review of public and/or jnternal Qwest rjght-of-ways records for restrictions, jdentification of additjonal rights-of-way required; a field survey and site investjgation of the Innerduct, jncludjng the preparatjon of distances and drawings, to determjne availability on existing Innerduct; identification of any make-ready costs required to be paid by the CLEC, if applicable, prior to installing its facilities. In the case of Poles, Attachment 1.8 orders the fjeld verification which maybe done jointly. A copy of the signed Attachment 1.should be emajled wholesale.servicessupportteam~qwest.com whjle the approprjate fees should be sent to the Qwest-CLEC Joint Use Manager with the original sjgned Attachment 1.8. Upon completion of the verification , Attachment 2 will be sent to the CLEC by Qwest. With respect to ROW, upon revjew and acceptance of signed Attachment 1.8 and payment of the ROW conveyance consideration, Qwest will deliver to the CLEC an executed and acknowledged Access Agreement to the CLEC in the form attached hereto as Attachment 4 (the "Access Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 2 Exhibit D Agreement"). In the event that the ROW jn questjon was created by a publicly recorded document and Owest has a copy of such document jn its files , a copy of the Right-of-Way Agreement, as defined in the Access Agreement, will be attached to the Access Agreement and provided to the CLEC at the time of delivery of the Access Agreement. If the ROW was created by a document that is not publjcly recorded , or if Owest does not have a copy of the Right-of-Way Agreement in its possession , the Access Agreement will not have a copy of the Rjght~of-Way Agreement attached. If the ROW was created by a non-publjcly recorded document, but Owest does not have a copy of the Rjght-of-Way Agreement jn its possessjon , the CLEC must obtain a copy of the Right-of-Way Agreement or other suitable documentation reasonably satisfactory to Owest to descrjbe the real property involved and the underlying rights giving rise to the Access Agreement. Although Owest will provide the identity of the orjgjnal grantor of the ROW , as reflected in Owest's records , the CLEC is responsjble for determinjng the current owner of the property and obtaining the proper signature and acknowledgement to the Access Agreement. If Owest does not have a copy of the Rjght-of-Way Agreement in its records, it is the responsjbiljty of the CLEC to obtain a copy of the Right-of-Way Agreement. If the ROW was created by a publicly recorded document, the CLEC must record the Access Agreement (wjth the Right-of-Way Agreement attached) in the real property records of the county in whjch the property js located. If the ROW was created by a grant or agreement that js not publicly recorded , CLEC must provjde Owest wjth a copy of the properly executed and acknowledged Access Agreement and , if appljcable, properly executed Consent Regarding Disclosure form or letter of jndemnification. Owest js required to respond to each Attachment 1.8. submitted by CLEC wjthin 35 days of recejving the Attachment 1.8. In the event that Owest believes that circumstances requjre a longer duration to undertake the activjtjes reasonably required to deny or approve a request, it may petjtion for relief before the Commission or under the escalatjon and dispute resolution procedures generally applicable under the jnterconnection agreement, if any, between Owest andCLEC. Poles/Duct Order Attachment 2 (Access). In the case of Poles and Innerduct upon completion of the inquiry and verificatjon work descrjbed in Section 2.2 above , Owest wjll provide the CLEC a Polesllnnerduct Order (Attachment 2) containjng annual recurring charges , estjmated Make-ready costs. Upon receipt of the executed Attachment 2 Order form from the CLEC and applicable payment for the Make-Ready Fees identified, Owest wjll assjgn the CLEC's requested space; Owest will also commence the Make-ready work within 30 days following payment of the Make-Ready Fees. Owest will notify CLEC when Polesllnnerduct are ready for attachment or placement of Facilities. A copy of the sjgned Attachment 2 form should be emajled to wholesale.servicessupportteam~qwest.com whjle the payment should go to the Jojnt Use Manager along with the original sjgned Attachment 2. NOTE: Make-ready work performed by Owest concerns labor only. For Poles it jnvolves rearrangement to accommodate the new attachment. For Innerduct, it involves placing the standard three innerducts in the conduit to accommodate fiber cable where spare conduit exjsts. Segments wjthout conduit space are consjdered "blocked". Owest will consider repair or clearjng damaged facilities, but may not construct new facilities as part of Make-ready work. Construction work to place conduit or replace poles may be required where faciljties are blocked. The CLEC ' may contract separately with a Owest-approved contractor to ' complete the constructjon provided a Owest inspector jnspects the work durjng and after construction. If other parties benefit from construction, the costs may be divided among the beneficiaries. Construction Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 3 Exhibit D costs are not included in Attachment 2. The GLEG is not encouraged to sjgn the Polesllnnerduct Order (Attachment 2) until provisions have been made for construction. 2.4 Provision of ROW/Poles/lnnerduct.Qwest agrees to issue to GLEG for any lawful telecommunjcations purpose, a nonexclusive , revocable Order authorizing GLEG to install maintain, rearrange, transfer, and remove at its sole expense its Faciljties on Poles/lnnerduct to the extent owned or controlled by Qwest. Qwest provides access to Poles/lnnerductJROW jn accordance with the appljcable federal, state, or local law, rule, or regulatjon , incorporated herejn by this reference , and said body of law, which governs thjs Agreement jn the state jn which Polesllnnerduct is provided. Any and all rights granted to GLEG shall be subject to and subordinate to any future federal, state, and/or local requjrements. Nothing jn this General Information shall be construed to require or compel Qwest to construct, install , modjfy, or place any Polesllnnerduct or other facility for use by the GLEG. The costs jncluded jn the Poles/lnnerduct Verifjcation Fee are used to cover the costs incurred by Qwest in determjning if Poles/lnnerduct space js avajlable to meet the GLEG's request; however the GLEG must agree and will be responsjble for payment of the actual costs incurred jf such costs exceed the estimate. If the actual costs are less than the estimate, an appropriate credit can be provided upon request. If Qwest denies access, Qwest shall do so jn writjng, specifying the reasons for denial within 45 days of the initial inqujry. Likewise, the fees included jn the ROW processing costs quotatjon are used to cover the costs' incurred by Qwest in searching its databases and preparing the Access Agreement. In the event that compljcations arise with respect to preparing the Access Agreement or any other aspect of conveying access to Qwest's ROW , the GLEG agrees to be responsible for payment of the actual costs incurred if such costs exceed the standard fees; actual costs shall include, wjthout limitation, personnel time, including attorney time. DISPUTE RESOLUTION 1. Other than those claims over which a federal or state regulatory agency has exclusjve jurisdiction , all claims, regardless of legal theory, whenever brought and whether between the parties or between one of the parties to this Agreement and the employees, agents or affiliated busjnesses of the other party, shall be resolved by arbitratjon. A single arbitrator engaged jn the practice of law and knowledgeable about telecommunjcatjons law shall conduct the arbjtratjon jn accordance wjth the then current rules of the American Arbitratjon Association ("AAA") unless otherwise provided herein. The arbitrator shall be selected jn accordance with AAA procedures from a list of qualified people majntajned by AAA. The arbitratjon shall be conducted in the regjonal AAA office closest to where the clajm arose. 2. All expedited procedures prescribed by the AAA shall apply. The arbitrator s decision shall be final and binding and judgment may be entered in any court having jurisdjctjon thereof. 3. Other than the determjnation of those claims over whjch a regulatory agency has exclusive jurisdjction, federal law (including the provisions of the Federal Arbitration Act, 9 U. Sections 1-16) shall govern and control with respect to any jssue relatjng to the validity of this Agreement to arbitrate and the arbitrability of the claims. 4. If any party files a judicial or administrative action assertjng claims subject to arbitration and another party successfully stays such actjon and/or compels arbitration of such claims, the Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 4 Exhibit D party filing the action shall pay the other party s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorney s fees. Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 5 Exhibit D ATTACHMENT 1. A Poles/lnnerductlor ROW Inquiry Preparation Fee General Agreement BAN Number (one for each route must be assigned before processing): Date Submitted:Date Replied to CLEC: GLEG Name Billing Address: Phone Number: State and city of inquiry: Contact name: e-majl address: Poles/lnnerduct Permit Database Search Costs Quotation (One Mile Minimum) Costs Est. Miles Total 1. Pole Inquiry Fee (see attached prjcing chart) X 2. Innerduct Inqujry Fee (see attached pricing chart) X 3. ROW Records Inquiry (see attached prjcing chart) X 4. Estimated Interval for Completion of Items 1 , 2 or 3: 5. Additional requirements of CLEC: Days This Inquiry will result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure fitting the requested route , if available , and a quote of the charges for field verification, and/or (b) in the case of ROW, a ROW identification matrix, a quote of the charges for preparation of and consideration for, the necessary Access Agreements , and copies of ROW documents Qwest's Possession. (c) For Poles , the name and telephone number of the Field Engineer are provided so that the CLEC may contact the Qwest Field engineer and discuss attachment plans. If a field verification of poles is required , Attachment 1.B must be completed and the appropriate charges paid. Innerduct verification is always needed. By signing below and providing payment of the Estimated Costs identified above, the CLEC desires Qwest to proceed with the processing of its database/records search and acknowledges receipt of this General Information , including the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. Quotes expire in 30 days. Owest Corporatjon SjQnature Sjgnature Name Typed or Printed Name Typed or Prjnted Title Title Date Date This signed form (orjginal) must be sent with a check for the Inquiry amount (to "Owest") to: Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 6 Exhibit D Manager, Qwest Joint Use 6912 S Quentin, Suite 101 , Englewood, CO 80112 303-784-0387 A copy of this form must be sent with two acceptably-detailed maps showing the requested route to: Qwest Service Representative at: wholesale.servicessupportteam~qwest.com Put" Agree" on signature line. Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 7 Exhibit D ATTACHMENT 1. General Agreement BAN Number: Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation Date Nonrefundable Recejved:Date Repljed to CLEC: NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE. Estjmated Costs Number Total Charge 1. Pole Field Verjfjcatjon Fee (10 pole minjmum) 2. Innerduct Field Verjfjcation Fee 4. Access Agreement Prep. and Consjderation$lO/ Access Agreement 3. Preparation of private ROW documents 5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:Working Days Comments: By signing below and providing payment of the Total Estimated Costs jdentified above , the CLEC desjres Qwest to proceed with the processjng of its field survey/preparation of Access Agreements , and acknowledges receipt of this General Informatjon, jncluding the General Terms and Conditjons under whjch Qwest offers such ROW/Poles/lnnerduct. The CLEC acknowledges the above costs are estimates only and CLEC may be financially responsjble for final actual costs which exceed thjs estimate, or recejve credit if requested. Quotes expire jn 30 days. Qwest Corporation Siqnature Signature Name Typed or Prjnted Name Typed or Printed Title Title Date Date The orjginal signed form must be sent wjth a check for the verificatjon amount to: Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 8 Exhibit D Manager, Qwest CLEC Joint Use 6912 S Quentin, Suite 101 Englewood, CO 80112 An email copy of this form must be sent to: wholesale.servicessupportteam~qwest.com, with "Agree" on the signature line. Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 9 Exhibit D ATTACHMENT 2Polesllnnerduct Order General Agreement BAN Number: NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE** Make-ready Work required: Yes ) No (Date Received If Yes is checked , estimated Make-ready costs: $ The following Attachments are hereby incorporated by reference into this Order:1. Term - Effective Date -2. Summary ofField Results (including Make-Ready work if required).3. When placing fiber, CLEC must: a. provide Qwest representative , a final design of splice, racking and slack locations in Qwest utility holes. b. tag all equipment located in/on Qwest's facilities from beginning of the route to the end , and at the entrance and exit of each utility hole with the following information: (1) CLEC's Name and Contact Number, (2) Contract Number and Date of Contract, (3) Number of Fibers in the Innerduct and Color of Occupied Innerduct. thO Pnnuaecurnngarges or erml: Total Annual Annual Charae Quantitv Charae 1. Pole Attachment, Per Pole , Innerduct Occupancy, Per Foot Request conf. call for Construction?YES Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core drills, stubouts, not innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable attachment = one foot). If you do not place an order at this time, these Poles/lnnerduct will be assigned on a first come-first served basis. Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF INNERDUCT OR REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING CHARGE FOR YEAR 2001 HASBEEN PRORATED TO (/DAY * DAYS). PLEASE PROVIDE PAYMENT FOR THE MAKE- READY COSTS AND THE PRORATED 2001 RECURRING FEE ALONG WITH THIS SIGNED ORDER By signing below and providing payment of the Make-ready costs and the first year s prorated Annual Recurring Charge (or, if CLEC requests Semiannual billing, then the first half-year s prorated Semiannual Recurring Charge), the CLEC desires Qwest to proceed with the Make-ready Work identified herein and acknowledges receipt of the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. By signing this document you are agreeing to the access described herein. Quotes expire in 90 days. Return this signed form and check to: Manager, Joint Use Supervisor, Suite 101 , 6912 S. QuentinEngl d CO 80112 S I I rtt ~ ewoo ,a copy 0: 0 esa e.servlcessuppo earn qwes .com. Qwest Corporation Signature Signature Name Typed or Printed Name Typed or Printed Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 10 Exhibit D I TitleDate :::e Date/lnitials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 11 Exhibit D ATTACHMENT 3 General Agreement: QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT OCCUPANCY GENERAL TERMS AND CONDITIONS This is an Agreement between ("CLEC") and Qwest Corporation ("Qwest"), for one or more Orders for the CLEC to obtain access to Qwest's Right-of-Way ("ROW") and/or to install/attach and maintain their communications facilitjes ("Facilities ) to Qwest's Poles and/or placement of Faciljties on or within Qwest's Innerduct (collectively "Poles/lnnerduct") described jn the General Information and CLEC Map, whjch are incorporated herein by this reference (sjngularly "Order" or collectively, "Orders ). If there is no other effectjve agreement (i.an Interconnectjon Agreement) between CLEC and Qwest concernjng access to Poles Ducts and ROW then this Agreement/Attachment 3 must be executed by both parties in order to start the Inquiry Review and jn order for CLEC to obtain access to Poles , Ducts and/or ROW. SCOPE. Subject to the provisjons of this Agreement, Qwest agrees to issue to CLEC for any lawful telecommunicatjons purpose, (a) one or more nonexclusive , revocable Orders authorizjng CLEC to attach , maintain, rearrange, transfer, and remove at its sole expense its Faciljtjes on Poles/lnnerduct owned or controlled by Qwest, and/or (b) access to Qwest's ROW to the extent that (i) such ROW exjsts, and (ji) Qwest has the rjght to grant access to the CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local, state and/or federal requirements , and in the case of ROW, to the orjgjnal document grantjng the ROW to Qwest or its predecessors. Except as expressly provided herein , nothing in this Agreement shall be construed to require or compel Qwest to construct, install, modify, or place any Polesllnnerduct or other facility for use by CLEC or to obtain any ROW for CLEC's use. Qwest agrees to provide access to ROW/Polesllnnerduct in accordance with the applicable local , state or federal law, rule , or regulatjon, jncorporated herejn by thjs reference, which governs this Agreement in the state in whjch Polesllnnerduct is provjded. TERM. Any Order issued under this Agreement for Pole attachments or Innerduct occupancy shall continue in effect for the term specified jn the Order. Any access to ROW shall be non- exclusjve and perpetual , subject to the terms and conditions of the Access Agreement (as hereinafter defined) and the orjginal instrument granting the ROW to Qwest. Thjs Agreement shall contjnue during such tjme CLEC is providing Polesllnnerduct attachments under any Order to this Agreement. TERMINATION WITHOUT CAUSE. To the extent permitted by law, either party may terminate this Agreement (which will have the effect of termjnating all Orders hereunder), or any jndjvidual Order(s) hereunder without cause, by provjdjng notice of such termination in writing and by certifjed Mail to the other party. The written notjce for termination without cause shall be dated as of the day it Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 12 3.4 Exhibit D js mailed and shall be effective no sooner than one hundred twenty (120) calendar days from the date of such notice. ermjnation of this Agreement or any Order hereunder does not release either party from any Ijability under this Agreement that may have accrued or that arises out of any claim that may have been accruing at the time of terminatjon, includjng indemnity, warranties and confjdential information. If Qwest terminates this Agreement for Cause, or if CLEC terminates this Agreement without Cause 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 Polesllnnerduct wjthjn sixty (60) days, or cause Qwest to remove its Facilities from the Poles/lnnerduct at CLEC's 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 physjcally removed. Notwjthstandjng anything herein to the contrary, upon the termination of thjs Agreement for any reason whatsoever, all Orders hereunder shall simultaneously termjnate. If this Agreement or any Order is terminated for reasons other than Cause, then CLEC shall remove jts Facilities from Polesllnnerduct within one hundred and eighty (180) days from the date of terminatjon; provided, however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Qwest until CLEC'Faciljties are physically removed. Qwest may abandon or sell any Poles/lnnerduct at any time by giving written notjce to the CLEC. Upon abandonment of Poles/lnnerduct, and wjth the concurrence of the other CLEC(s), jf necessary, CLEC shall, withjn sjxty (60) days of such notjce, either apply for usage with the new owner or purchase the Polesllnnerduct from Qwest, or remove jts Facilitjes therefrom. Failure to remove its Facilitjes within sixty (60) days shall be deemed an electjon to purchase the Poles/lnnerduct at the current market value. CHARGES AND BilliNG. CLEC agrees to pay Qwest Polesllnnerduct usage fees ("Fees ) as specified in the Order. Fees wjll be computed in compljance with appljcable local , state and Federal law regulations and guidelines. Such Fees will be assessed , in advance on an annual basis. Annual Fees will be assessed as of January 1 st of each year. Fees are not refundable except as expressly provided herein. CLEC shall pay all applicable Fees and charges specifjed herein wjthjn thirty (30) days from receipt of invoice. Any outstanding jnvoice will be subject to appljcable finance charges. Qwest has the rjght to revise Fees, at its sole discretion, upon written notice to CLEC within at least sixty (60) days prior to the end of any annual billing period. INSURANCE. The CLEC shall obtain and maintain at its own cost and expense the followjng jnsurance during the life of the Contract: Workers Compensation and/or Longshoremen s and Harbor Workers Compensatjon insurance with (1) statutory Ijmjts of coverage for all employees as required by statute; and (2) although not requjred by statute, coverage for any employee on the job sjte; and Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 13 Exhibit D (3) Stop Gap liability or employer liabjljty insurance with a limit of One Hundred Thousand Dollars ($100 000.00) for each accident. General liability jnsurance providjng coverage for underground hazard coverage (commonly referred to as "U" coverage), products/completed operations, premises operations, independent contractor s protection (required if contractor subcontracts the work), broad form property damage and contractual liabiljty wjth respect to liability assumed by the CLEC hereunder. Thjs jnsurance shall also jnclude: (1) explosjon hazard coverage (commonly referred to as "X" coverage) if the work involves blasting and (2) collapse hazard coverage (commonly referred to as "c" coverage) if the work may cause structural damage due to excavation, burrowing, tunneling, caisson work, or under- pinnjng. The limits of liability for this coverage shall be not less than One Million Dollars ($1 000 000.00) per occurrence combjned single limit for bodily injury or property damage. These limits of liability can be obtajned through any combination of prjmary and excess or umbrella liability jnsurance. Comprehensjve automobjle liability jnsurance coverjng the use and maintenance of owned , non-owned and hjred vehjcles. The limjts of liabiljty for this coverage shall be not less than One Million Dollars ($1 000 000.00) per occurrence combined sjngle limit for bodily injury or property damage. These limjts of liabjlity can be obtained through any combjnation of primary and excess or umbrella liability insurance. 5.4 Owest may require the CLEC from time-to-time durjng the life of the Contract to obtain additional jnsurance with coverage or limits jn addition to those described above. However, the addjtjonal premium costs of any such additional jnsurance required by Owest shall be borne by Owest, and the CLEC shall arrange to have such costs billed separately and directly to Owest by the insuring carrier(s). Owest shall be authorized bythe CLEC to confer directly with the agent(s) of the insurjng carrier(s) concerning the extent and Ijmits of the CLEC's insurance coverage in order to assure the suffjciency thereof for purposes of the work performable under the Contract and to assure that such coverage as a hole with respect to the work performable are coordinated from the . standpoint of adequate coverage at the least total premium costs. The insuring carrier(s) and the form of the insurance policies shall be subject to approval by Owest. The CLEC shall forward to Owest, certificates of such insurance issued by the insuring carrier(s). The jnsurjng carrjer(s) may use the ACORD form, whjch is the Insurance Industrjes certjficate of insurance form. The insurance certificates shall providethat: (1) Owest is named as an additional insured; (2) thjrty (30) calendar days prior wrjtten notice of cancellation of, or materjal change or exclusions jn, the policy to which the certjfjcates relate shall be given to Owest; (3) certjfjcation that underground hazard overage (commonly referred to as "U" coverage) is part of the coverage; and (4) the words pertajns to all operatjons and projects performed on behalf of the certificate holder" are included in the description portion of the certjficate. The CLEC shall not commence work hereunder until the obligatjons of the CLEC with respect to jnsurance have been fulfilled. The fulfillment of such obligations shall not relieve the CLEC of any liabjljty hereunder or jn any way modify the CLEC's obligatjons to indemnjfy Owest. Whenever any work is performed requiring the excavatjon of soil or use of heavy machjnery wjthjn fifty (50) feet of rajlroad tracks or upon railroad right-of-way, a Railroad Protective Liability Insurance policy wjll be required. Such policy shall be issued in the name of the Railroad with standard limits of Two Mjllion Dollars ($2 000 000.00) per Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 14 Exhibit D occurrence combjned single limit for bodjly jnjury, property damage or physjcal damage to property with an aggregate limit of Six Million Dollars ($6,000,000.00). In addjtion, sajd policy shall name Owest and the CLEC/SubCLEC on the declaratjons page with respect to its jnterest in these specific job. Said insurance policy shall be in form and substance satisfactory both to the Owest and the Railroad and shall be deljvered to and approved by both parties prjor to the entry upon or use of the Rajlroad Property. Whenever any work must be performed jn the Colorado State Hjghway right-of-way, policies and certificates of insurance shall also name the State of Colorado as additional insured. Like coverage shall be furnished by or on behalf of any subcontractor. Copies of said certificates must be available on sjte durjng the performance of the work. CONSTRUCTION AND MAINTENANCE OF FACiliTIES. Owest retajns the right, in jts sole judgment, to determine the availability of space on Poles/lnnerduct. When modifications to a Owest spare condujt include the placement of innerduct, Owest retajns the rjght to install the number of innerducts required to occupythe conduit structure to its full capacity. In the event Owest determines that rearrangement of the existing facilities on Poles/lnnerduct is requjred before CLEC' Facilities can be accommodated, the cost of such modifjcatjon will be included jn the CLEC's nonrecurring charges for the associated Poles/lnnerduct Order. CLEC shall be solely responsible for obtaining the necessary underlying legal authorjty to occupy Poles/lnnerduct on governmental, federal , Native American, and private rjghts of way, as appljcable, and Owest does not warrant or represent that providing CLEC with access to the Poles/lnnerduct in any way constjtutes such legal right. The CLEC shall obtain any necessary permits, licenses , bonds, or other legal authorjty and permjssjon, at the CLEC's sole expense, in order to perform its obljgatjons under thjs Agreement. The CLEC shall contact all owners of public and private rjghts-of-way, as necessary, to obtajn wrjtten permission required to perform the work prjor to entering the property or startjng any work thereon and shall provide Owest wjth written documentation of such legal authority prjor to placement of its facilitjes on or in the Polesllnnerduct. The CLEC shall comply with all conditions of rights-of-way and Orders. CLEC's Facilities shall be placed and maintained in accordance with the requirements and specifjcations of the current appljcable standards of Bellcore Manual of Construction Standards , the National Electrical Code, the National Electrjcal Safety Code , and the rules and regulations of the Occupational Safety and Health Act, all of which are incorporated herein by reference, and any governing authority havjng jurjsdjctjon of the subject matter of this Agreement. Where a djfference in specifications exists, the more stringent shall apply. Failure to maintain Facilitjes in accordance with the above requirements shall be Cause as referenced jn Section 3 to this Agreement for termjnatjon of the Order jn question. Termination of more than two (2) Orders in any twelve-month period pursuant to the foregoing sentence shall be Cause as referenced in Section 3 for terminatjon of this Agreement. Owest's procedures governjng jts standard maintenance practjces shall be made available upon request for publjc inspection at the approprjate Owest premjses. CLEC's procedures governjng jts standards majntenance practjces for Facilities shall be made available to Owest upon wrjtten request. CLEC shall within thirty (30) days comply and provjde the requested informatjon to Owest to brjng their faciljtjes into compliance wjth these terms and conditions. Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 15 6.4. Exhibit D In the event of any service outage affecting both Owest and CLEC , repairs shall be effectuated on a priority basis as establisbed by local, state or federal requirements, or where such requjrement do not exists, repairs shall be made in the followjng order: electrical, telephone (local), telephone (long distance), and cable television , or as mutually agreed to by the users of the effected Polesllnnerduct. In the event of an infrastructure outage, the CLEC should contact their Network Maintenance Center at 1-800-223-7881 or the CLEC may contact their Account Manager at the Interconnect Service Center. MODIFICATION TO EXISTING POlES/INNERDUCT. If GLEe requests Owest to replace or modify existing Poles/lnnerduct to increase its strength or capacity for the benefit of the CLEC and Owest determjnes jn jts sole discretion to provide the requested capacity, the CLEC shall pay Owest the total replacement cost, Owest's cost to transfer its attachments , as necessary, and the cost for removal (includjng destruction fees) of any replaced Poles/lnnerduct, if such is necessary. Ownership of new Poles/lnnerduct shall vest in Owest. To the extent that a modifjcatjon js incurred for the benefit of multiple parties, CLEC shall pay a proportionate. share of the total cost as outlined above , based on the ratio of the amount of new space occupied by the Facilities to the total amount of space occupied by all parties jojning the modification. Modifications that occur in order to bring Poles/lnnerduct into compliance with applicable safety or other requirements shall be deemed to be for the benefjt of the multjple partjes and CLEC shall be responsible for its pro rata share of the modifjcation cost. Except as set forth herein , CLEC shall have no obligation to pay any of the cost of replacement or modificatjon of Poles/lnnerduct requested solely by third partjes. Written notifjcatjon of modification initiated by or on behalf of Owest shall be provjded to CLEC at least sixty (60) days prior to beginning modifications jf such modjfications are not the result of an emergency situation. Such notificatjon shall include a brief descrjptjon of the nature and scope of the modification. If CLEC does not rearrange its facilitates wjthin sixty (60) days after receipt of written notice from Owest requesting such rearrangement Owest may perform or cause to have performed such rearrangement and CLEC shall pay for cost thereof. No such notjce shall be required jn emergency situatjons or for routine maintenance of Poles/lnnerduct. INSPECTION OF FACiliTIES. Owest reserves the right to make final construct jon, subsequent and periodic jnspections of CLEC's faciljties occupying the Poles/lnnerduct system. CLEC shall reimburse Owest for the cost of such inspections except as specified in Section 8 hereof. CLEC shall provide written notice to Owest, at least fifteen (15) days in advance , of the locations where CLEC's plant is to be constructed. The CLEC shall forward Exhibit A, entitled "Pulling In Report" attached hereto and incorporated herein by thjs reference , toOwest within five (5) busjness days of the date(s) of the occupancy. Owest shall provjde written notification to CLEC within seven (7) days of the date of completion of a final construction inspection. Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 16 8.4. Exhibit D Where final construction inspection by Owest has been completed CLEC shall be obligated to correct non-complying conditions within thirty (30) days of receiving wrjtten notice from Owest. In the event the corrections are not completed within the thirty (30)- day period, occupancy authorization for the Poles/lnnerduct system where non-complyjng condjtions remain uncorrected shall terminate immediately, regardless of whether CLEC has energized the facilitjes occupying said Poles/lnnerduct system, unless Owest has provjded CLEC a written extension to comply. CLEC shall remove its facilitjes from said Polesllnnerduct in accordance with the provisions set forth in Section 10 of this Agreement. No further occupancy authorjzation shall be jssued to CLEC until such non- complyjng conditions are corrected or until CLEC'facilities are removed from the Pole/Conduit system where such non-complying condjtions exist. If agreed to in writjng, by both parties, Owest shall perform such corrections and CLEC shall pay Owest the cost of performjng such work. Subsequent inspections to determine if appropriate corrective action has been taken my be made by Owest. Once the CLECs faciljties occupy Owest Polesllnnerduct system and Exhibit A has been received by Owest, Owest may perform periodic jnspections. The cost of such inspections shall be borne by Owest, unless the jnspection reveals any violatjons, hazards , or conditions indicatjng that CLEC has failed to comply with the provjsions set forth in this Agreement, in which case the CLEC shall rejmburse Owest for full costs of inspection, and re-inspectjon to determine compljance as required. A CLEC representative may accompany Owest on field inspections scheduled specifically for the purpose of inspecting CLEC'Facilities; however, CLEC's costs associated wjth its participation in such inspections shall be borne by CLEC. Owest shall have no obligation to notify CLEC , and CLEC shall have no right to attend , any routjne field inspectjons. The costs of jnspectjons made during construction and/or the final construction survey and subsequent inspection shall be billed to the CLEC within thirty (30) days upon completion of the inspection. Final construction subsequent and periodic inspections or the failure to make such inspections, shall not jmpose any liability of any kjnd upon Owest, and shall not reljeve CLEC of any responsibiljties, obligations, or Ijabjlity arising under this Agreement. UNAUTHORIZED FACILITIES If any facilities are found attached to Poles/lnnerduct for which no Order is in effect Owest, without prejudice to any other rights or remedies under this Agreement, shall assess an unauthorjzed attachment administratjve fee of Two Hundred Dollars ($200.00) per attachment per Pole or jnnerduct run between manholes , and require the CLEC to submjt in writing, within ten (10) day after receipt of written notification from Owest of the unauthorized occupancy, a Poles/lnnerduct applicatjon. Owest shall waive the unauthorized attachment fee if the following condjtions are both met: (1) CLEC cures such unauthorized attachment (by removing it or submitting a valid Order for attachment in the form of Attachment 2 of Exhibit D, withjn thirty (30) days of written notification from Owest of the unauthorized attachment; and (2) the unauthorjzed attachment djd not require Owest to take curative measures itself (e., pulling additjonal innerduct) prior to the cure by CLEC. Owest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Owest rather than by CLEC. If such application is not received by Owest within the specified time period, the CLEC will be required to remove jts unauthorized faciljty within ten (10) days of the final date for Date/Initials/COMPANY 1ST A TEl Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 17 10. 11. Exhibit D submittjng the required application Qwest may remove the CLEC'facilitjes wjthout liability, and the cost of such removal shall be borne by the CLEC. For the purpose of determjning the applicable charge, the unauthorized Poles/lnnerduct occupancy shall be treated as having existed for a period of five (5) years prior to jts discovery, and the charges , as specified in Section 4 , shall be due and payable forthwith whether or not CLEC js ordered to continue the occupancy of the Polesllnnerduct system. No act or fajlure to act by Qwest with regard to an ,unauthorized occupancy shall be deemed to constitute the authorization of the occupancy; any authorjzation that may be granted subsequently shall not operate retroactively or constitute a wajver by Qwest of any of its rights of privjleges under thjs Agreement or otherwise. REMOVAL OF FACILITIES. Should Qwest, under the provjsjons of this Agreement, remove CLEC'Facilities from the Poles/lnnerduct covered by any Order (or otherwise), Qwest will deljver the Faciljties removed upon payment by CLEC of the cost of removal , storage and delivery, and all other amounts due Qwest. If payment is not received by Qwest within thjrty (30) days, CLEC will be deemed to have abandoned such faciljtjes, and Qwest may dispose of said facilities as it determines to be appropriate. If Qwest must djspose of said facilities, such action will not relieve CLEC of any other financial responsibility associated with such removal as provided herein. If CLEC removes its Faciljties from Poles/lnnerduct for reasons other than repajr or maintenance purposes, the CLEC shall have no right to replace such facilities on the Polesllnnerduct until such time as all outstanding charges due to Qwest for previous occupancy have been pajd in full. CLEC shall submit Exhibit B , entjtled "Notification of Surrender of Modificatjon of Conduit Occupancy License by CLEC " or Exhibit C, entitled "Notificatjon of Surrender of Modificatjon of Pole Attachment by CLEC " each as attached hereto, advising Qwest as to the date on which the removal of Facilities from each Poles/lnnerduct has been completed. INDEMNIFICATION AND LIMITATION OF LIABILITIES. CLEC shall indemnjfy and hold harmless Qwest, its owners, parents, subsjdiaries, affiliates, agents, directors, and employees against any and all liabjljties, claims, judgments, losses, orders, awards, damages, costs , fines, penalties, costs of defense, and attorneys' fees ("Liabjlitjes ) to the extent they arjse from or jn connection wjth: (1) jnfringement, or alleged infringement, of any patent rjghts or claims caused or alleged to have been caused , by the use of any apparatus, appliances, equjpment, or parts thereof, furnished , installed or utilized by the CLEC; (2) actual or alleged fault or negligence of the CLEC, jts officers, employees, agents, subcontractors and/or representatives; (3) furnjshjng, performance, or use of any material supplied by CLEC under thjs Contract or any product liability claims relating to any material supplied by CLEC under thjs Contract; (4) failure of CLEC, its officers, employees, agents, subcontractors and/or representatjves to comply with any term of this Contract or any appljcable local, state, or federal law or regulation , includjng but not limited to the OSH Act and environmental protection laws; (5) assertions under workers' compensatjon or similar employee benefit acts by CLEC or its employees, agents, subcontractors, or subcontractors' employees or agents; (6) the acts or omjssions (other than the gross negligence or willful mjsconduct) of Qwest, its officers, employees, agents, and representatives, except as otherwise provided jn paragraphs 11.3 and 11.4 below; and/or, (7) any economic damages that may rise, jncludjng damages for delay or other related economjc damages that the Qwest or third partjes may suffer or allegedly suffer as a result of the performance or fajlure to perform work by the CLEC. If both Qwest and the CLEC are sued as a result of or in connection with the performance of work arjsing out of thjs Contract, the partjes hereby agree that the defense of the case (including the costs of the defense and attorneys' fees) shall be the responsibility of the CLEC, jf Qwest desires. Qwest shall give the CLEC reasonable written notjce of all such claims Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 18 Exhibit D and any suits allegjng such claims and shall furnjsh upon the CLEC's request and at the CLEC' expense all informatjon and assistance avajlable to the Qwest for such defense. The parties shall employ Article 13 , Djspute Resolutjon, to resolve any dispute concerning the proportional fault and liability after the underlying case is termjnated. 11. 11. 11. 11.4 12. IF WORK IS PERFORMED IN THE STATE OF WASHINGTON UNDER THIS GENERAL CONTRACT, THE CLEC ACKNOWLEDGES AND AGREES THAT THIS INDEMNIFICATION OBLIGATION SHALL INCLUDE , BUT IS NOT LIMITED TO , ALL CLAIMS AGAINST QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CLEe, AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, OTHER WORKERS' COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION WHICH WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH A CLAIM. Except as expressly provjded herein , NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO , ANY LOSS OF USE LOSS OF BUSINESS OR LOSS OF PROFIT; provided , however, there shall be no limjtatjon on a party s liabiljty to the other for any fines or penalties jmposed on the other party by any court of competent jurisdiction or federal , state or local admjnistrative agency resulting from the failure of the party to comply with any term or condjtion of thjs Contract or any valid and applicable law, rule or regulation. FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUTH DAKOTA, UTAH OR WASHINGTON SECTION 11 (6) SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF QWEST BUT SHALL EXTEND TO THE NEGLIGENCE OF QWEST WHEN CONCURRENT WITH THAT OF THE CLEC. FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA, NEBRASKA NEW MEXICO, OR OREGON , ARTICLE 11 SHALL NOT APPLY EXCEPT THAT SECTION 11 SHALL APPLY FOR WORK PERFORMED IN MINNESOTA FOR MAINTENANCE OR REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH DEVICES USED AS PART OF A MANUFACTURING , COVERING OR OTHER PRODUCTION PROCESS INDULGING ELECTRIC GAS, STEAM , AND TELEPHONE UTILITY EQUIPMENT USED FOR PRODUCTION, TRANSMISSION OR DISTRIBUTION PURPOSES. FORCE MAJEURE 12. 12. The CLEC shall be excused from its performance as to any Order jf prevented by acts or events beyond the CLEC's reasonable control including extreme weather conditions strikes, fjres, embargoes , actions of civil or miljtary law enforcement authoritjes, acts of God , or acts of legislatjve, judjcial, executjve, or admiriistratjve authorjtjes. If such contingency occurs , Qwest may elect: 12.1 To terminate this Agreement as to the Order in question; or Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho, October 4 2004 Page 19 Exhibit D 12.2 To termjnate already-assigned specific work assignment(s) the GLEG js unable to perform , or any part thereof, and to assign new specifjc work assignments to other parties for the duration of the cause of the delay; or 12.3 To suspend already-assigned specific work assignment(s) the GLEG is unable to perform, or any part thereof, for the duration of the cause of the delay; and to assign new specifjc work assjgnments to other parties for the duratjon of the cause of the delay. 12.Qwest shall be deemed to have elected Section 12.3 above unless written notice of termination is given by Qwest after the contingency occurs. With respect to Qwest's election of Section 12.3 above: 12.1 Qwest shall give the GLEG wrjtten notjce of the work to be performed by such other party prior to its performance and shall deduct from the GLEG' price the cost of the work or servjces actually performed by such other parties. 12.2 The GLEG shall resume performance, and complete any work not performed or to be performed by another party, once the delaying cause ceases. 12.3 If appropriate, at the Qwest's discretion , the tjme for completion of specifjc work assjgnment(s) shall be extended up to the length of time the contingency endured. 12.4 Qwest shall be excused from its performance jf prevented by acts or events beyond the Qwest's reasonable control including extreme weather conditions, strikes, fires embargoes, actions of civil or military law enforcement authoritjes, acts of God, or acts of legislative , judjcial, executive , or adminjstrative authorjties. 13.DISPUTE RESOLUTION. 13.1. Other than those clajms over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the parties or between one of the partjes to this Agreement and the employees, agents or affiliated busjnesses of the other party, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunicatjons law shall conduct the arbitration in accordance with the then current rules of the Amerjcan Arbitratjon Association ("AM") unless otherwise provided herein. The arbitrator shall be selected accordance with AM procedures from a list of qualjfjed people maintained by AM. The arbitration shall be conducted in the regional AM office closest to where the claim arose. 13.2. All expedited procedures prescrjbed by the AM shall apply. The arbjtrator s decisjon shall be fjnal and binding and judgment may be entered in any court having jurisdjctjon thereof. 13.3. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction, federal law (including the provisjons of the Federal Arbitration Act, 9 G. Sections 1-16) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbjtrability of the claims. Date/lnitials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 20 14. 15. Exhibit D 13.4. If any party files a judicial or administratjve action asserting claims subject to arbitratjon and another party successfully stays such action and/or compels arbitration of such claims , the party filing the action shall pay the other party s costs and expenses incurred in seeking such stay or compelling arbitratjon, includjng reasonable attorney s fees. LAWFULNESS. This Agreement and the parties' actjons under thjs Agre~ment shall comply wjth all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change jn rates, charges or regulations mandated by the legally constituted authorities wjll act as a modjficatjon of any contract to that extent without further notjce. Thjs Agreement shall be governed by the laws of the state where Polesllnnerduct is provided. Nothjng contained herejn shall substitute for or be deemed a wajver of the partjes' respective rjghts and obligations under appljcable federal, state and local laws, regulations and guidelines, jncluding (without limitation) Section 224 of the Communjcations Act of 1934 , as amended (47 U.C. 224). The CLEC represents that jt is a certifjed Competitive Local Exchange Carrier or otherwise has the legal right, pursuant to 47 U.C. 224 to attach to Owest's pole pursuant to the terms thereof. The CLEC acknowledges that Owest will rely on the foregoing representatjon , and that if such representation is not accurate, this Agreement shall be deemed void ab initio except for Artjcle 9 hereof, for which CLEC shall remajn fully Ijable. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper jurisdjction determines that this Agreement or a provision of this Agreement js unlawful thjs Agreement, or that provision of the Agreement to the extent it is unlawful, shall termjnate. If a provision of this Agreement is terminated but the parties can legally, commercially and practicably continue without the terminated provisjon, the remainder of this Agreement shall continue jneffect. 16.GENERAL PROVISIONS. 16.Failure or delay by either party to exercise any rjght, power, or privilege hereunder, shall not operate as a waiver hereto. 16.Thjs Agreement shall not be assignable by CLEC without the express wrjtten consent of Owest, whjch shall not be unreasonably withheld. Assjgnment of thjs Agreement by CLEC to CLEC's subsidiary or affiliate shall be presumed to be reasonable; provjded however, that CLEC must obtain Owest's consent in any event. 16.This Agreement benefits CLEC and Owest. There are no third party benefjciarjes. 16.4 This Agreement constitutes the entire understanding between CLEC and Owest with respect to Service provided herein and supersedes any prior agreements understandjngs. Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 21 Exhibit D The parties hereby execute and authorize this Agreement as of the latest date shown below: CLEC Qwest Corporation Signature Sjgnature Name Typed or Printed Name Typed or Printed PRODUCT MANAGER TitleTitle Date Date Address for Notices Address for Notices Qwest Corporation 1801 Californja, Rm. 2330 Denver, CO 80202 Contact: Phone: FAX: Contact: Manager Phone: 303-896-0789FAX: 303-896~9022 Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 22 Exhibit D EXHIBIT A PULLING IN REPORT This report is to be completed by the CLEC when fiber cable is placed into innerduct. Send to: ManaQer, Owest Corp 700 W Mjneral. Rm IAF12 Littleton, CO 80120 (303-707-7598) This is to advise you that pursuant to General Agreement No. granted to us under the terms of the Innerduct Agreement dated ,- we have completed installatjon of the following cable into the following ducts. Municipaljty Locatjon From Manhole at Manhole at Cable and Equipment Installed Name of CLEC By: Title: Receipt of the above report is hereby acknowledged Owest Corporation By: Title: Reports shall be submitted in dupljcate. A complete descriptjon of all facilities shall be gjven, includjng a print showing the locatjons quantities, sjzes and types of all cables and equipment. Sketch to be furnished showing duct used. Must be same duct assigned to Licensee by Licensor as shown on Exhibit -' unless a change has been previously authorized in writing by Licensor. Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 23 Exhibit D EXHIBIT B CLEC: NOTIFICATION OF SURRENDER OR MODIFICATION OF CONDUIT OCCUPANCY ORDER BY CLEC Return to: Manaqer, Qwest Corp 700 W Mineral Rm IAF12 Littleton, CO 80120 In accordance with the terms and conditions of this Agreement between us, dated notice js hereby gjven that the licenses covering occupancy of the following conduit are surrendered (and/or modified as jndicated jn Licensee s prior notifjcatjon to Licensor, dated ) effective CONDUIT LOCATION LlC. NO. &SURRENDER OR DATE DATE MODIFICATION FAC. RMVD. OR MODIFIED Name of Licensor Name of Co- Provider Date Notifjcatjon Received Title Date Modificatjon Accepted Djscontinued:Total duct footage Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 24 Exhibit D EXHIBIT C NOTIFICATION OF SURRENDER OR MODIFICATION OF POLE ATTACHMENT ORDER BY CLEC CLEC: Return to: Manaqer, Qwest Corp 700 W Mjneral Rm IAF12 Littleton , CO 80120 In accordance with the terms and condjtions of the Agreement between Qwest and CLEC, dated , notice js hereby gjven that the licenses covering attachments to the following poles and/or anchors, and/or utilization of anchor/guy strand is surrendered (or modjfied as indjcated in CLEC's prior notjfication to Qwest, dated , 20 ) effective POLE NO.ASSOC. POLE LlC. NO. &SURRENDER OR DATE FAC. NO.DATE MODIFICATION RMVD OR MODIFIED A/GS - A/GS - A/GS - A/GS - A/GS - A/GS - A/GS - A/GS - A/GS - Date Notifjcation Received Date Modification Recejved By:Name of CLEC Discontinued: Poles Anchors By: Anchor/Guy Strands Its: Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 25 Exhibit D ATTACHMENT 4 FORM OF ACCESS AGREEMENT After recording, please return to: Manaqer 700 W Mineral, Rm IAF12 Littleton , CO 80120 ACCESS AGREEMENT THIS ACCESS AGREEMENT (this "Aqreement ) js made as of the day of , 20 , by and between QWEST CORPORATION a Colorado corporatjon , successor in interest to U S WEST COMMUNICATIONS, INC.Colorado corporatjon Grantor ), whose address and , whose address is Grantee . RECITALS Thjs Agreement relates to certain real property (the "Propertv ) located in the County of (the "Countv ), State of (the "State B. A copy of an agreement purporting to grant to Grantor certain rights to use the Property, as descrjbed therein (the "Easement Riqhts ), js attached as Exhibit A (the "Riqht of Way Aqreement C. Pursuant to 42 U.C. 99 224 and 251 (b)(5), Grantor, as a Local Exchange Carrjer, is required to provide access to rights-of-way to a requesting telecommunjcations carrier, as defined in 42 C. 9 224. Grantee is a telecommunications carrjer that has requested access to Grantor s Easement Rights. To comply with the aforementioned legal requirement, Grantor has agreed to share with Grantee its Easement Rjghts, if any, relating to the Property, to the extent Grantor may legally convey such an interest. D. Subject to the terms and conditions set forth in this Agreement, Grantor has agreed to convey to Grantee , without any representatjon or warranty, the right to use the Easement Rights, and Grantee has agreed to accept such conveyance. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consjderatjon , the receipt and suffjciency of whjch are hereby acknowledged, the partjes hereby agree as follows: 1. Grant of Rjqht of Access . Grantor hereby conveys to Grantee and its Authorized Users (as defined below) a non-exclusive, perpetual right to access and use the Easement Rjghts, which rjght shall be expressly (a) subject to, subordjnate to, and Ijmited by the Right of Way Agreement, and (b) subject to the terms and conditions hereof. As used in this Agreement , " Authorized Users" of Owner, Grantor and Grantee shall mean Owner, Grantor or Grantee, as applicable, their respectjve Affiliates and agents licensees, employees, and jnvitees, jncluding, wjthout Ijmitation , contractors, subcontractors, consultants Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 26 Exhibit D suppliers, public emergency vehicles, shipping or delivery vehicles, or construction vehjcles. Affiljates means, with respect to any Person, any Person that controls, is controlled by or is under common control with such Person, together with jts and their respective members , partners, venturers, directors, officers stockholders, agents, employees and spouses. A Person shall be presumed to have control when jt possesses the power, directly or indirectly, to direct, or cause the direction of, the management or poljcies of another Person, whether through ownership of voting securities, by contract, or otherwjse. Person" means an jndividual , partnership, limited Ijabjlity company, association , corporatjon or otherentity. 2. Grantor s Reserved Riqhts. Grantor reserves to jtself and jts Authorized Users the rjght to use the Easement Rights for any purpose not jncompatible with the rights conveyed to Grantee by this Agreement. 3. Conditions Precedent to Effectiveness , of Aqreement. conditioned on the following: Thjs Agreement is expressly a. Recordatjon of Aqreement.If the Rjght-of-Way Agreement has been publjcly recorded , Grantee shall be responsjble for assuring that the Agreement is in approprjate form for recording in the real property records of the County, shall pay for the recording thereof, and shall provide a copy of the recorded Agreement to Grantor at the address set forth above. A legjble copy of the Right of Way Agreement must be attached to the Agreement when recorded or the Agreement shall not be effective. b. Payment of Costs and Expenses . Grantee shall pay to or rejmburse Grantor for all costs and expenses, including reasonable attorneys' fees , relating to Grantor s execution and delivery of this Agreement. 4. Grantee s Representations and Warranties Grantee represents and warrants to Grantor that: a. Authoritv. Grantee is a , duly formed and validly existjng under the laws of the State of . All necessary action has been taken by Grantee to execute and deliver this Agreement and to perform the obligations set forth hereunder. Grantee js a telecommunications carrier" as that term i~ defined in 42 U.C. ~ 224. b. Due Diliqence. Grantee acknowledges and agrees that nejther Grantor nor any agent employee, attorney, or representative of Grantor has made any statements, agreements promises, assurances, representations, or warranties, whether in thjs Agreement or otherwise and whether express or implied, regarding the Right of Way Agreement or the Easement Rights or the assignability or further granting thereof, or title to or the environmental or other condjtjon ofthe Property. Grantee further acknowledges and agrees that Grantee has examjned and investigated to its full satisfaction the physical nature and condition of the Property and the Easement Rjghts and that it js acquiring the Easement Rights in an "AS IS, WHERE IS" condjtjon. Grantee expressly waives all claims for damages by reason of any statement, representatjon warranty, assurance, promise or agreement made , if any. Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 27 Exhibit D 5. Grantee s Covenants. a. Compliance with RjQht of Way AQreement.Grantee agrees that the rights granted by Grantor hereunder are expressly subject to , subordinate to, and limited by the Right of Way Agreement , and Grantee further agrees to comply in all respects with the terms and conditions of the Right of Way Agreement as they apply to the holder or user of the Easement Rights. In the event Grantee fails to observe or perform any of its obligatjons under the Right of Way Agreement, Grantor shall have the rjght, but not the obligatjon , to perform or observe such obligation to the extent that such obligatjon can be observed or performed by Grantor. b. Compliance with Laws . Grantee agrees to use the Property and the Easement Rjghts in compliance with all applicable laws. c. No Further Grant.Grantee shall not grant to any Person other than Grantee Authorized Users the right to use the Easement Rights without the prior written consent of Grantor, which consent may be granted or withheld in Grantor s sole discretion. d. Non-Interference. Grantee agrees that it will not interfere wjth Grantor s or Grantor Authorized Users' use of the Easement Rights and will not take any action or fail to take any actjon that would negatively affect the Easement Rjghts or cause or contribute to the termjnatjon of the Right of Way Agreement. 6. Indemnjfjcation . Grantee hereby agrees to indemnify, defend and hold Owner, Grantor and their respective Affiliates harmless from and against any and all claims, judgments, damages, liabiljtjes penalties, fines, suits , causes of action , costs of settlement, and expenses (including, without Ijmjtation , reasonable attorneys' fees) which may be imposed upon or jncurred by Grantor or its Authorized Users or any of them, arisjng from, relating to or caused by Grantee s breach of this Agreement or the use, or the use by any of Grantee s Authorized Users, of the Easement Rights. In addition to the jndemnity obligations described above , in the event that any act or omissjon of Grantee or Grantee s Authorized Users causes, directly or jndirectly, and without reference to any act or omission of Owner, Grantor or their respective Authorized users, the termination or revocation of the Easement Rights, Grantee shall be liable to Grantor for all costs incurred in connection with (a) acqujring replacement Easement Rights overthe Property or over other suitable Property, as determjned in Grantor sole judgment (the Replacement Easement ), (b) the fully-loaded cost of constructjng replacement faciljtjes over the Replacement Easement, (c) the cost of removjng its facilitjes and personal property from the Property, if required by the Right of Way Agreement, and (d) any other costs of complying with the Right of Way Agreement , including, without limitation, reasonable attorneys' fees. Grantee shall pay all such amounts within ten (10) days of receipt of any invoice for such costs delivered to Grantee by Owner, Grantor or their respective Authorized Users. 7. Condemnation If any action is taken whereby the Rjght of Way Agreement or any part of the Easement Rights are terminated , relocated or otherwise affected, by any taking or partial taking by a governmental authority or otherwise, then such any compensation due or to be paid to the holder of the Easement Rights due to such occurrence shall belong solely to Grantor. 8. Severable Provisions If any term of this Agreement shall, to any extent, be jnvalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9. Default; Remedies. (a) If Grantee files a petition in bankruptcy, or a petition is bankruptcy is filed against Grantee, which is not dismissed on or before fifteen (15) days after such filjng, or (b) jn the Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 28 Exhibit D event of Grantee s breach or threatened breach of any term, covenant or condition of this Agreement then Grantor shall have, in addition to all other legal and equitable remedies, the right to (x) terminate this Agreement, (y) enforce the provisions hereof by the equitable remedy of specifjc performanc~, or (z) enjoin such breach or threatened breach by jnjunctive action, all without the necessity of proof of actual damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the obligations of Grantee hereunder, including reasonable attorneys' fees and all costs of suit , jn case it becomes necessary for Grantor to enforce the obligations of Grantee hereunder, whether sujt be brought or not, and whether through courts of origjnal jurisdiction , as well as in courts of appellate jurjsdiction , or through a bankruptcy court or other legal proceedjngs. 10. BindjnQ Effect.Thjs Agreement shall be binding on and inure to the benefit of the partjes hereto and their respective successors and assigns. This Agreement may be assigned at any time in whole or in part by Grantor. 11. No Dedjcation . Nothing contained in this Agreement shall constjtute a gift or dedication of any portion of the Easement Rjghts to the general public or for any public purpose whatsoever. There are no intended third-party beneficiarjes to this Agreement. 12. Grantor s Wajver of Confidentialjtv. If the Right of Way Agreement is not publicly recorded Grantor hereby grants a limited waiver of any right to keep the terms and condjtions of the Right of Way Agreement confidential , except for any dollar amounts ' in the Right of Way Agreement, which rights Grantor expressly reserves, and subject to Grantee s and Owner s compliance with the terms and conditions in this paragraph. In all instances , Grantee will use the Rjght of Way Agreement only for the followjng purposes: (a) to determine whether Grantor has ownership or control over duct, conduits, or rights-of-way within the property descrjbed in the Right of Way Agreement; (b) to determine the ownership of wire wjthin the property described in the Right of Way agreement; or (c) to determine the demarcation point between Grantor facilities and the Owner s facilities in the property described in the agreement. Grantee further agrees that Grantee shall not djsclose the contents, terms , or condjtjons of any agreement provided pursuant to Section 10.8 to any Grantee agents or employees engaged in sales, marketing, or product management efforts on behalf of Grantee. Grantor s waiver of rights subject to the limitations set forth above, is intended to be effective whether or not such right to confidentialjty is expressly set forth in the Right of Way Agreement or elsewhere or may have been agreed to orally, and so long as Grantee and Owner comply with the condjtions set forth above, Grantor further covenants not to assert any claim or commence any action , lawsujt, or other legal proceedjng against Owner or Grantee, based upon or arising out of Grantor s alleged right to confidentiality relatjng to the Right of Way Agreement, except jn the event of disclosure of dollar amounts in the Right of Way Agreement. Grantor s wajver js expressly conditioned on Owner s waiver of Owner confidentiality rights, as set forth jn the Consent to Disclosure form, which is a part hereof, or Grantee s provjsjon to Grantor of a legally bjnding and satisfactory agreement to indemnify Grantee jn the event of any legal action arising out of Owner s provision of a non-recorded agreement to Grantee. In the event that , the person executjng the Consent to Disclosure form does not have the legal right to bind the Owner Grantor reserves the right to maintain an actjon for damages, including, without limitation, consequential damages, arjsjng from such improper execution agajnst any Person improperly executing the Consent to Djsclosure form. In any event, Grantor reserves its rjght to (a) to enforce the confidentialjty provisions of the Right of Way Agreement as to any dollar amounts set forth jn such Right of Way Agreements, and/or (b) to maintajn an action for damages, including, without limitatjon, consequentjal damages, arjsjng from the disclosure of the dollar amounts in any Right of Way Agreement, against any party, including, without Ijmitatjon , against Grantee or against any Person improperly executing the Consent to Disclosure form. 13. Notices All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally deljvered, or (b) three (3) business days after being mailed postage prepaid , by United Date/Initials/COMPANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 29 Exhibit D States certjfied mail, return receipt requested, or (c) one business day after bejng timely delivered to an overnight express courier service such as Federal Express which provides for the equjvalent of a return recejpt to the sender, to the above descrjbed addresses of the parties hereto , or to such other address as a party may request in a writing complyjng with the provisions of this Section. 14. Modification; Counterparts. This Agreement may not be amended , modified or changed, nor shall any wajver of any provision hereof be effectjve , except by an instrument jn writing and signed by the party agajnst whom enforcement of any amendment, modifjcatjon , change or waiver is sought. This Agreement may be executed in any number of counterparts , all of which shall constitute but one and the same document. 15. ControllinQ Law. This Agreement shall be governed by and construed in accordance wjth the laws of the State. 16. Waiver of Jury Trial.THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION , PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. ~nature /Jaaes followl Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 30 Exhibit D EXECUTED as of the date first written above. GRANTOR: Witnessed by:QWEST CORPORATION , a Colorado corporation successor in interest to US WEST COMMUNICATIONS, INC. a Colorado corporatjon By: Name: Title: ) ss: STATE OF COUNTY OF The foregojng instrument was acknowledged before me this day of 20 --' by of QWEST CORPORATION, a Colorado corporation. Witness my hand and official seal. (SEAL) Notary Public My Commjssion Expires: Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 31 Exhibit D EXECUTED as of the date first written above. GRANTEE: Witnessed by:, a By: Name: Title: ) ss: STATE OF COUNTY OF The foregoing instrument was acknowledged before me thjs day of, by Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 32 Exhibit D CONSENT TO DISCLOSURE THE UNDERSIGNED , a Ownerwhose address is , hereby. consents to the terms of the following paragraphs regardjng the agreement described or entitled as between Owest Corporatjon , formerly US WEST Communications, Inc. ("Owest") and Owner for the property 'located at Property ) that provides Owest with access to Owner s Property (the "Aqreement" FOR TEN DOLLARS ($10) and other good and valuable consideration , the receipt and sufficiency of whjch are hereby acknowledged, Owner agrees as follows: 1. Title to Property. Owner represents and warrants either (a) that Owner is the owner of fee title to the Property described jn the Agreement or, if no description of the Property is given in the Agreement, then (b) that Owner is the grantor, or the successor to or assignee of the grantor, of the easement rights, jf any, under the Agreement. Owner further represents and warrants that Owner has the legal rjght to execute thjs Consent to Disclosure, including, without limitation, the right to waive the confjdentiality of the Agreement as set forth in paragraph 3 of this Consent to Disclosure. 2. Owner s Acknowledqments Owner expressly acknowledges that (a) this is a legal document that may affect Owner s rights and Owner was given the opportunity to have the Agreement and this Consent to Djsclosure reviewed by Owner s attorney; and (b) Owner, by signing thjs Consent to Disclosure waives any rights it may have to keep the terms and provisions of the Agreement confidential. 3. Owner s Waiver of Confidentiality Owner hereby waives any rjght it may have to keep the terms and condjtions of the Agreement confidential, whether or not such right to confjdentiality is expressly set forth in the Agreement or elsewhere or may have been agreed to orally, subject to the compliance of the competitive local exchange carrier ("CLEC") with the requirements of paragraph 5. Owner further covenants not to assert any claim or commence any action, lawsuit, or other legal proceedjng against Owest or CLEC presenting this Consent to Djsclosure, based upon or arjsing out of Owner s alleged right to confjdentialjty relatjng to the Agreement. Owner s consent to disclosure applies only to the Agreement that is described in this Consent to Djsclosure form and only to the undersigned CLEC. 4. Owest's Waiver of Confidentiality. Owest represents and warrants that it is granting a limjted waiver of its confjdentialjty rjghts that permits CLEC to review the Agreement subject to CLEC's compljance with the requirements of paragraph 5 and Owest's right to redact all dollar amounts set forth in the Agreement. Owest's consent to disclosure applies only to the Agreement that is described in thjs Consent to Disclosure form and only to the undersigned CLEC. 5. GLEC's Obligatjons. CLEC shall use the Agreement exclusively for the following purposes and for no other purpose whatsoever: (a) to determine whether Owest has ownership or control over duct, conduits, or rjghts-of-way within the Property described in the Agreement; or (b)to determine the ownership of wire within the Property described in the Agreement; or Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 33 Exhibit D ( c) to determine the demarcation point between Qwest facilities and the Owner s faciljties in the Property described in the Agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of the Agreement to any CLEC agents or employees engaged in sales , marketing, or product management efforts on behalf of CLEC. 6. Acknowledgement of Limjtation on Waivers. Owner understands that Qwest does not agree to waive the confidentiality of the dollar amounts set forth in any Agreement, and acknowledges that Owner has no right to provide copies of such Agreements to any party unless Owner has completely deleted the dollar amounts. Owner shall not provide a copy of the Agreement unless Owner has completely deleted all dollar amounts. Whether provided by Owner or Qwest, CLECshall comply with the conditions set forth in paragraph 5. 7. Notjces . All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally delivered, or (b) three (3) business days after being mailed postage prepajd, by United States certified mail, return receipt requested, or (c) one business day after being timely delivered to an overnjght express courier service such as Federal Express whjch provides for the equivalent of a return receipt to the sender, to the above described addresses of the partjes hereto, or to such other address as a party may request in a writing complying with the provisions of thjs Section. EXECUTED as of the date fjrst wrjtten above. OWNER: CLEC: Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 34 Exhibit D EXHIBIT 1 Right of Way Agreement (This represents the ROW agreement between the Co-Provider and the property owner) Date/Initials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 35 EXHIBIT E Intentionally Left Blank Exhibit E -Qwest Fourteen State Template Version 1., May 11 , 2005 EXHIBIT F - SPECIAL REQUEST PROCESS The Special Request Process shall be used for the following requests: Requestjng specifjc product feature(s) be made available by Qwest that are currently available in a switch, but which are not activated. Requesting specific product feature(s) be made available by Qwest that are not currently avajlable in a swjtch, but which are available from the switch vendor Requesting a combjnatjon of Unbundled Network Elements that is a combinatjon not currently offered by Qwest as a standard product and: that is made up of UNEs that are defjned by the FCC or the Commissjon as a network element to which Qwest js obljgated to provide unbundled access and' that is made up of UNEs that are ordinarily combined in the Qwest network. 1.4 Requesting an Unbundled Network Element that does not requjre a technical feasibiljty analysis and has been defined by the FCC or the State Commissjon as a network element to whjch Qwest js obligated to provide unbundled access, but for which Qwest has not created a standard product, jncluding, but not limited to, OC-192 (and such higher bandwidths that may exist) UDIT, EEL between OC-3 and OC-192 and new varieties of subloops.2. Any request that requires an analysjs of Technical Feasibility shall be treated as a Bona Fide Request (BFR), and will follow the BFR Process set forth in this Agreement. If it is determined that a request should have been submitted through the BFR process Qwest will consider the BFR time frame to have started upon receipt of the original Special Request application form.3. A Special Request shall be submitted in writing and on the appropriate Qwest form which is located on Qwest's website.4. Qwest shall acknowledge receipt of the Special Request within two (2) business days of receipt.5. Qwest shall respond with an analysjs , including costs and tjmeframes, wjthjn fifteen (15) business days of recejpt of the Special Request. In the case of UNE Combjnations, the analysis shall include whether the requested combjnation is a combination of network elements that areordjnarily combined in the Qwest network. If the request is for a combinatjon of network elements that are not ordinarily combjned in the Qwest network, the analysis shall indicate to CLEC that it should use the BFR process if CLEC elects to pursue jts request.6. Upon request Qwest shall provide GLEC with Qwest's supportjng cost data and/or studies for Unbundled Network Elements that CLEC wishes to order withjn seven (7) busjness days, except where Qwest cannot obtain a release from its vendors within seven (7) businessdays, 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-djsclosure sections of this Agreement. Negotiations Template, Exhibit F 9/1 0/04 EXHIBIT G Intentionally Left Blank Exhibit G -Qwest Fourteen State Template Version 1., May 11 2005 EXHIBIT H Calculation of the Relative Use Factor (RUF) Minutes that are qwest's responsibility C& All EAS/Local 251 (b)(5) Minutes of Use (MOU) that Qwest sends to CLEC All Qwest Exchange Access MOU that Qwest sends to CLEC EAS/Local 251 (b)(5) traffic that transits Qwest network and is terminated to CLEC for which Qwest receives compensation from the orjginating Carrier for performjng the local transiting function AlllntraLATA transit MOU that Qwest sends to CLEC . AIIISP-bound and FX MOU that CLEC sends to Qwest Minutes that are CLEC's responsibility em All EAS/LocaI251 (b )(5) MOU that CLEC sends to Qwest All Exchange Access MOU that CLEC sends to Qwest All EAS/Local 251 (b)(5) traffic that CLEC sends to Qwest for termination on another Carrier s network AlllntraLATA transit MOU that CLEC to Qwest All Jointly Provided Switched Access (unless joint NECA 4 billing percentages have been filed) that Qwest sends to CLEC and that CLEC sends to Qwest . AIIISP-bound and VNXX MOU that Qwest sends to GLEC All VNXX MOU that transits Qwest network and is terminated to CLEC The mathematical equation for RUF is as follows: Qwest (A) (A+B) CLEC (B) (A+B) Rounded to nearest whole percentage Rounded to nearest whole percentage Data used for the calculation will be the average of the most recent three (3) months usage determined not to be an anomaly. Exhibit H -Qwest Fourteen State Template Version 1., May 11 2005 Qwest All States Except Minnesota and Washington Exhibit Individual Case Basis This Agreement contains references to both 1GB rates and 1GB intervals. The purpose of this exhibit is to identify how CLEC's 1GB requests - whether they be for rates or intervals - are processed through and by Qwest. 1GB Rate Intervals For those products and services identified in the SGA T that contain a provision for 1GB rates, Qwest will provide CLEC with a written quote of the 1GB rate wjthin twenty (20) business days unless a specific interval for providing the quote is either contained in the SGA T or this Exhibit. The purpose of this subsectjon is to jdentjfy those circumstances when the generic twenty (20) business day interval ,in the aforementioned subsection to this Exhibit does not apply. In these specified circumstances, Qwest shall provide CLEC with an 1GB quote within thestated specifjc intervals: Quotes for all Bona Fide Requests (BFR) shall be provided in accord with Section 17. Quotes for all Special Request Processes (SRP) shall be provided in accord with Exhibit F. Quotes for all collocation requests, regardless of the type of collocation , shall be provided in accord with the Section 8 interval. 2.4 Quotes for all Fjeld Connectjon Point requests shall be provided in accord with Section 9. Quotes for all Advanced Intelligent Network (AIN) requests shall be provided in accord with Section 9. Upon request, Qwest shall provide CLEC with Qwest's supporting cost data and/or cost studies for the Unbundled Network Element or service that CLEC wishes to order within seven (7) busjness days, except where Qwest cannot obtain a release from jts vendors within seven (7) business days, in which case Qwest will make the data available as soon as Qwest receives the vendor release. Consistent with the terms and conditions ofany applicable vendor contract or agreement, Qwest shall diligently pursue obtajning the release of cost information as soon as reasonably possible. To the extent consistent with the terms and obligations of any applicable vendor contract or agreement, Qwest shall request the release of vendor cost information when Qwest communicates with the vendor(s) when Qwest seeks a quote for the costs of the 1GB project. Such costdata shall be treated as confidential information if requested by Qwest under the non-disclosure sections of this Agreement. 1GB Provisioning Intervals For those products and services provided pursuant to thjs SGA T that contain a provision for 1GB interval but do not contain a specific provisjon Negotiations Template, Exhibit I 20-Page Exhibit Individual Case Basis for when the 1GB interval shall be provided, the 1GB interval shall provided within twenty (20) business days of receipt of the order, request or application. For 1GB intervals for those products and servjces that require negotiated project time lines for installation, such as 2/4 wire analog loop for more than twenty-five (25) loops , the Qwest representative , authorized to commit to intervals, shall meet with CLEC's representative withjn seven (7) busjness days of recejpt of the request from CLEC to negotiate intervals. Negotiations Template, Exhibit I 20-Page 2 Exhibit J Election of Reciprocal Compensation Option Pursuant to the election jn this Exhibit J of thjs Agreement, the Parties agree to exchange (9251 (b)(5)) Traffic, per section 7.3.4.4 at: CLEC must select either:1 OR 1. The rates appljcable to 9251 (b)(5) Traffic between Qwest and CLEC shall be the same as the rates established in ISP-bound traffjc pursuant to Section 7.3. Such rate for ISP-bound traffic will apply to 9251 (b )(5) Traffic in lieu of End Office Call Termination rates , and Tandem Switched Transport rates. Signature 2. Compensation rate for 9251 (b)(5) Traffic shall be as established by the Commissjon. The Parties shall cooperate in establishing a process by whjch 9251 (b)(5)Traffic and ISP-bound traffic will be identified in order to compensation one another at the appropriate rates and in an prompt manner (See 97.6). Sjgnature When the FCC ordered rate for ISP-bound traffic is applied to (9251 (b)(5)) Traffic, theFCC Ordered ISP rate js used in lieu of End Offjce call termination and Tandem Switched Transport rate elements. Negotiations Template Exhibit J - 9-10- Exhibit K PERFORMANCE ASSURANCE PLAN Introduction As set forth in this Agreement Qwest and CLEC voluntarily agree to the terms of the following Performance Assurance Plan ("PAP"), prepared in conjunction with Qwest's application for approval under Section 271 of the Telecommunications Act of 1996 (the "Act") to offer in-region long distance service. Plan Structure The PAP is a two-tiered , self-executing remedy plan. CLEC shall be provided with Tier 1 payments if, as applicable, Qwest does not provide parity between the service it provides to CLEC and that which it provides to its own retail customers, or Qwest fails to meet applicable benchmarks. As specified in section 7., if Qwest fails to meet parity and benchmark standards on an aggregate CLEC basis, Qwest shall make Tier 2 payments to a Fund established by the state regulatory commission or, if required by existing law, to the state general fund. As specified in sections 6.0 and 7.0 and Attachments 1 and 2, payment is generally on a per occurrence basis, (Le., a set dollar payment times the number of non-conforming service events). For the performance measurements which do not lend themselves to per occurrence payment payment is on a per measurement basis , (Le., a set dollar payment). The level of payment also depends upon the number of consecutive months of non-conforming performance , (i.e., an escalating payment the longer the duration of non-conforming performance). Qwest shall be in conformance with the parity standard when service Qwest provides to CLEC is equivalent to that which it provides to its retail customers. The PAP relies upon statistical scoring to determine whether any difference between GLEC and Qwest performance results is significant, that is, not attributable to simple random variation. Statistical parity shall exist when performance results for CLEC and for Qwest retail analogue result in a z-value that is no greater than the critical z- values listed in the Critical Z-Statistical Table in section 5. For performance measurements that have no Qwest retail analogue, agreed upon benchmarks shall be used. Benchmarks shall be evaluated using a "stare and compare" method. For example, if the benchmark is for a particular performance measurement is 950/0 or better, Qwest performance results must be at least 950/0 tomeet the benchmark. Percentage benchmarks will be adjusted to round the allowable number of misses up or down to the closest integer, except when a benchmark standard and low CLEC volume are such that a 1000/0 performance result would be required to meet the standard and has not been attained. In such a Qwest Idaho SGA T Third Revised , Fjfth Amended Exhibit K, November 30, 2004 - 1- Exhibit K situation, the determination of whether Qwest meets or fails the benchmark standard will be made using performance results for the month in question, plus a sufficient number of consecutive months so that a 1000/0 performance result would not be required to meet the standard. For purposes of section 6., a meet or fail determined by this procedure shall count as a single month. Performance Measurements The performance measurements included in the PAP are set forth Attachment 1. Each performance measurement identified is defined in thePerformance Indicator Definitions ("PIDs ) developed in the ROC Operational Support System ("OSS") collaborative , and which are included in the SGA T at Exhibit B. The measurements have been designated as Tier 1 , Tier 2 , or both Tier 1 and Tier 2 and given a High , Medium , or Low designation. Statistical Measurement Qwest uses a statistical test, namely the modified "test " for evaluating the difference between two means (i.e., Qwest and CLEC service or repair intervals) or two percentages (e., Qwest and CLEC proportions), to determine whether a parity condition exists between the results for Qwest and the CLEC(s). The modified z- tests shall be applicable if the' number of data points are greater than 30 for a given measurement. For testing measurements for which the number of data points are 30 or less, Qwest will use a permutation test to determine the statistical significance of the difference between Qwest and CLEC. Qwest shall be in conformance when the monthly performance results for parity measurements (whether in the form of means, percents , or proportions and at the equivalent level of disaggregation) are such that the calculated z-test statistics are not greater than the critical z-values as listed in Table 1 , section 5. Qwest shall be in conformance with benchmark measurements when the monthly performance result equals or exceeds the benchmark, if a higher value means better performance, and when the monthly performance result equals or is less than the benchmark if a lower value means better performance. The formula for determining parity using the modified z-test is: z = DIFF O"DlFF Where: DIFF = MQwest - MCLEC MQWEST = Qwest average or proportion Qwest Idaho SGA T Third Revised , Fjfth Amended Exhibit K, November 30, 2004 - 2- Exhibit K MCLEC = CLEC average or proportion (JDIFF = square root (J Qwest (1/ n CLEC + 1/ n Owest)) c;r 0west = calculated variance for Qwest nOwest = number of observations or samples used in Qwest measurement nCLEC = number of observations or samples used in CLEC measu rement The modified z-tests will be applied to reported parity measurements that contain more than 30 data points. In calculating the difference between Qwest and CLEC performance , the above formula applies when a larger Qwest value indicates a better level of performance. cases where a smaller Qwest value indicates a higher level of performance , the order is reversed , i.e., MCLEC - MOWEST. For parity measurements where the number of data points is 30 or less Qwest will apply a permutation test to test for statistical significance. Permutation analysis will be applied to calculate the z-statistic using the following logic: Calculate the modified z-statistic for the actual arrangement of the data Pool and mix the CLEC and Qwest data sets Perform the following 1000 times: Randomly subdivide the pooled data sets into two pools, one the same size as the original CLEC data set (nCLEC) and one reflecting the remaining data points , and one reflecting the remaining data points (which is equal to the size of the original Qwest data set or nOWEST). Compute and store the modified z-test score (Zs) for this sample. Count the number of times the z-statistic for a permutation of the data greater than the actual modified z-statistic Compute the fraction of permutations for which the statistic for the rearranged data is greater than the statistic for the actual samples If the fraction is greater than u, the significance level of the test, the hypothesis of no difference is not rejected , and the test is passed. The u shall be .05 when the critical z value is 1.645 and .15 when the critical z value is 1.04. Critical Z-Value The following table shall be used to determine the critical z-value that is referred to in section 6.0. It is based on the monthly business volume of the CLEC Qwest Idaho SGAT Third Revised, Fifth Amended Exhibit K, November 30 2004 - 3- Exhibit K for the particular performance measurements for which statistic testing is being performed. TABLE 1: CRITICAL Z-ALUE CLEC volume LIS Trunks UDITs All Other (Sample size)Resale, UBL-DS1 and DS- 04*645 11-150 645 645 151-300 301-600 601-3000 3001 and above The 1.04 applies for individual month testing for performance measurements involving LIS trunks and DS-1 and DS-that are UDITs, Resale , or Unbundled Loops. The performance measurements are OP-3d/e , OP-4d.e, OP -, OP-4/5 MR-5a/b, MR-7d/e , and MR- For purposes of determining consecutive month misses , 1.645 shall be used. Where performance measurements disaggregate to zone 1 and zone 2 , the zones shall be combined for purposes of statistical testing. Tier 1 Payments to CLEC Tier payments to CLEC shall be made solely for the performance measurements designated as Tier 1 on Attachment 1. The payment amount for non- conforming service varies depending upon the designation of performance measurements as High , Medium , and Low and the duration of the non-conforming service condition as described below. Non-conforming service is defined in section Determination of Non-Conforming Measurements: 'The number of performance measurements that are determined to be non-conforming and therefore, eligible for Tier 1 payments, are limited according to the critical z-value shown in Table 1 , section 5.0. The critical z-values are the statistical standard thatdetermines for each CLEC performance measurement whether Qwest has metparity. The critical z-value is selected from Table 1 according to the monthly CLEC volume for the performance measurement. For instance, if the CLEC sample size for that month is 100 , the critical z-value is 1.645 for the statistical testing of that parity'performance measurement. Determination of the Amount of Payment: Tier 1 payments to CLEC , except as provided for in sections 6.3 and 10., are calculated and paid monthly based on the number of performance measurements exceeding the critical z-value. Payments Qwest Idaho SGAT Third Revised, Fifth Amended Exhjbit K, November 30 2004 - 4- Exhibit K will be made on either a per occurrence or per measurement basis, depending upon the performance measurement, using the dollar amounts specified in Table 2 below. The dollar amounts vary depending upon whether the performance measurement is designated High , Medium, or Low and escalate depending upon the number consecutive months for which Qwest has not met the standard for the particular measurement The escalation of payments for consecutive months of non-conforming service will be matched month for month with de-escalation of payments for every month of conforming service. For example , if Qwest has four consecutive monthly misses" it will make payments that escalate from month 1 to month 4 as shown inTable 2. If, in the next month , service meets the standard Qwest makes nopayment A payment "indicator" de-escalates down from month 4 to month 3. Qwest misses the following month, it will make payment at the month 3 level of Table 2 because that is where the payment "indicator" presently sits. If Qwest misses again the following month, it will make payments that escalate back to the month 4 level. The payment level will de-escalate back to the original month 1 level only upon conforming service sufficient to move the payment "indicator" back to the month level. For those performance measurements listed on Attachment 2 Performance Measurements Subject to Per Measurement Caps " payment to a CLEC in a single month shall not exceed the amount listed in Table 2 below for the Per Measurement" category. For those performance measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Payments " payment to a CLEC will be the amount set forth in Table 2 below under the section labeled "per measurement" TABLE 2: TIER-1 PAYMENTS TO CLEC Per Occurrence Measurement Group Month Month 2 Month 3 Month 4 Month 5 Month 6 and each following month Hjgh $150 $250 $500 $600 $700 $800 Medium $ 75 $150 $300 $400 $500 $600 Low $ 25 $ 50 $100 $200 $300 $400 Per Measurement Cap Measurement Group Month Month 2 Month 3 Month 4 Month 5 Month 6 and each following month High $25 000 $50 000 $75 000 $100 000 $125 000 $150 000 Medium $10 000 $20 000 $30 000 $ 40 000 $ 50 000 $ 60 000 Low $ 5 000 $10 000 $15 000 $20 000 $ 25 000 $ 30 000 Qwest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 5- Exhibit K For collocation , CP-2 and CP-4 performance measurements shall be relied upon for delineation of collocation business rules. For purposes of calculating Tier payments, collocation jobs and collocation feasibility studies that are later than the due date will have a per day payment applied according to Table 3. The per day payment will be applied to any collocation job in which the feasibility study is provided or the collocation installation is completed later than the scheduled date. The calculation of the payment amount will be performed by applying the per day payment amounts as specified in Table 3. Thus, for days 1 through 10, the payment is $150 per day. For days 11 through 20, the payment is $300 per day and so on. TABLE 3: TIER-1 COLLOCATrON PAYMENTS TO CLECS Days Late Completjon Date Feasibjljty Study 1 to 10 days $150/day $45/day 11 to 20 days $300/day $90/day 21 to 30 days $450/day $135/day 31 to 40 days $600/day $180/day More than 40 days 000/day $300/day A minimum payment calculation shall be performed at the end of each year for each CLEC with annual order volumes of no more than 1 200. The payment shall be calculated by multiplying $2 000 by the number of months in which at least one payment was due to the CLEC. To the extent that the actual CLEC payment for theyear is less than the product of the preceding calculation Qwest shall make an additional payment equal to the difference. Tier 2 Payments to the State Payments to the State shall be limited to the performance measurements designated in section 7.4 for Tier 2 per measurement payments and in Attachment for per occurrence payments and which have at least 10 data points each month for the period payments are being calculated. Similar to the Tier 1 structure, Tier 2 measurements are categorized as High, Medium , and Low and the amount of payments for non-conformance varies according to this categorization. Determination of Non-Conforming Measurements: The determination of non- conformance will be based upon the aggregate of all CLEC data for each Tier 2 performance measurement. Non-conforming service is defined in section 4.2 (for parity measurements) and 4.3 (for benchmark measurements), except that a 1.645 critical z-value shall be used for Tier 2 parity measurements that have Tier counterparts. The critical z-value is the statistical standard that determines for each performance measurement whether Qwest has met parity. Owest Idaho SGA T Third Revjsed, Fjfth Amended Exhibit K, November 30, 2004 - 6- Exhibit K Determination of the Amount of Payment: Except as provided in section 7.Tier 2 payments are calculated and paid monthly based on the number performance measurements failing performance standards for a third consecutive month , or if two out of three consecutive months in the 12 month period have been missed , the second consecutive month for Tier 2 measurements with Tier counterparts. For Tier 2 measurements that do not have Tier 1 counterparts payments are calculated and paid monthly based on the number of performance measurements exceeding the critical z-values , identified in section 5., in any single month. Payment will be made on either a per occurrence or per measurement basis whichever is applicable to the performance measurement, using the dollar amounts specified in Table 4 or Table 5 below. Except as provided in section 7., the dollar amounts vary depending upon whether the performance measurement is designated High, Medium, or Low. For those Tier 2 measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Caps " payment to the State in a single month shall not exceed the amount listed in Table 4 for the "Per Measurement" category. TABLE 4: TIER-2 PAYMENTS TO STATE FUNDS Per Occurrence Measurement Group High $500 Medjum $300 Low $200 Per MeasuremenUCa Measurement Grou Hj h Medjum Low $75 000 $30 000 $20 000 Performance Measurements Subject to Per Measurement Payment:The following Tier 2 performance measurements shall have their performance results measured on a region-wide (14 state) basis. Failure to meet the performancestandard, therefore, will result in a per measurement payment in each of the Qwestin-region 14 states adopting this PAP. The performance measurements are: GA- GA- GA- GA- GA- PO- OP- Center Gateway Availability - IMA-GUI Gateway Availability - IMA-EDI Gateway Availability - EB- T System Availability EXACT Gateway Availability - GUI-Repair Pre-Order/Order Response Times Call Answered within Twenty Seconds Interconnect Provisioning Qwest Idaho SGAT Third Revised , Fjfth Amended Exhibjt K, November 30 2004 - 7- Exhibit K MR-2: Calls Answered within Twenty Seconds - Interconnect Repair Center GA-1 has two sub-measurements: GA-, and GA-1 D. PO-1 shall have two sub- measurements: PO-1A and PO-1 B. PO-1A and PO-1 B shall have their transactiontypes aggregated together. For these measurements, Qwest will make a Tier 2 payment based upon monthly performance results according to Table 5: Tier 2 Per Measurement Payments to State Funds. TABLE 5: TIER-2 PER MEASUREMENT PAYMENTS TO STATE FUNDS Measuremen Performance State Payment 14 State Payment GA-1 ,1 % or lower 000 $14 000 ~1 % to $10 000 $140 000 ~3O/0 to 50/0 $20 000 $280 000 ~5O/0 $30 000 $420 000 PO-2 sec. Or less $1 ,000 $14 000 sec.000 $70 000 sec. ~5 sec. to 10 $10 000 $140 000 sec. ~10sec.$15 000 $210 000 OP-2/MR-1 % or lower $1 ,000 $14 000 ~1 % to 30 000 $70 000 ~3O/0 to 50/0 $10 000 $140 000 ~50/0 $15 000 $210 000 Step by Step Calculation of Monthly Tier 1 Payments to CLEC Application of the Critical Z-Values: Qwest shall identify the Tier parity performance measurements that measure the service provided to CLEC by Qwest for the month in question and the critical z-value from Table 1 in section 5.0 that shall be used for purposes of statistical te~ting for each particular performance measurement. The statistical testing procedures described in section 4.0 shall be applied. For thepurpose of determining the critical z-values, each disaggregated category of a performance measurement is treated as a separate sub-measurement. The critical z-value to be applied is determined by the CLEC volume at each level ofdisaggregation or sub-measurement. Performance Measurements for which Tier 1 Payment is Per Occurrence: Performance Measurements that are Averages or Means: Qwest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 8- Exhibit K 1 Step 1: For each performance measurement, the average or the mean thatwould yield the critical z-value shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The percentage differences between the actual averages and the calculated averages shall be calculated. The calculation is % diff = (CLEC result Calculated Value )/Calculated Value. , The percent difference shall be capped at amaximum of 1000/0. In all calculations of percent differences in sections 8.0 and 9. the calculated percent differences is capped at 100%. 2 Step 3: For each performance measurement , the total number of data pointsshall be multiplied by the percentage calculated in the previous step and the peroccurrence dollar amounts from the Tier 1 Payment Table shall determine the payment to the CLEC for each non-conforming performance measurement. Performance Measurements that are Percentages: 1 Step 1: For each performance measurement, the percentage that would yield the critical z-value shall be calculated. The same denominator as the one used in calculating the z- statistic for the measurement shall be used. (For benchmarkmeasurements, the benchmark value shall be used. 2 Step 2: The difference between the actual percentages for the CLEC and the calculated percentages shall be determined. 3 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference in percentage calculated in the previous step,and the per occurrence dollar amount taken from the Tier 1 Payment Table , todetermine the payment to the CLEC for each non-conforming performance measurement. Performance Measurements that are Ratios or Proportions: 1 Step 1: For each performance measurement the ratio that would yield thecritical z-value shall be calculated. The same denominator as the one used calculating the z-statistic for the measurement shall be used. (For benchmarkmeasurements, the benchmark value shall be used. 2 Step 2: The absolute difference between the actual rate for the CLEC and the calculated rate shall be determined. 3 Step 3: For each performance measurement, the total number of data pointsshall be multiplied by the difference calculated in the previous step, and the peroccurrence dollar amount taken from the Tier 1 Payment Table , to determine the payment to the CLEC for each non-conforming performance measurement. Owest Idaho SGA T Third Revised, Fifth Amended Exhibjt K, November 30, 2004 - 9- Exhibit K Performance Measurements for which Tier 1 Payment is Per Measure: For each performance measurement where Qwest fails to meet the standard the payment to the CLEC shall be the dollar amount shown on the "per measureportion of Table 2: Tier 1 Payments to CLEC. Step by Step Calculation of Monthly Tier 2 Payments to State Funds Application of the Crit'ical Z-Value: Qwest shall identify the Tier 2 parityperformance measurements that measure the service provided by Qwest to allCLECs for the month in question. The statistical testing procedures described in section 4.0 shall be applied , except that a 1.645 critical z-value shall be used for Tierparity measurements that have Tier 1 counterparts For Tier 2 paritymeasurements that do not have Tier 1 counterparts, the statistical testing procedures described section 4.0 shall be applied using the critical z-values identified in section To determine if Tier 2 payments for performance measurements listed on Attachment 1 shall be made in the current month , the following shall be determined. For Tier 2 measurements that have Tier 1 counterparts it shall be determinedwhether Qwest missed the performance standard for three consecutive months, or if Qwest has missed the standard in any two out of three consecutive months for the 12 month period and for an additional two consecutive months. For Tier 2measurements that do not have Tier 1 counterparts , it shall be determined whetherQwest missed the performance standard for single month. If any of theseconditions are met and there are at least 10 data points for the measurement in eachmonth, a Tier 2 payment will be calculated and paid as described below and willcontinue in each succeeding month until Qwest's performance meets the applicable standard. For Tier 2 measures that have Tier 1 counterparts, the most recent threemonths of nonconforming performance data that results in payment liability shall be averaged to determine payment. Performance Measurements for which Tier 2 Payment is Per Occurrence: Performance Measurements that are Averages or Means: 1 Step 1: The monthly average or the mean for each performancemeasurement that would yield the critical z-value for each month shall be calculated.The same denominator as the one used in calculating the z-statistic for themeasurement shall be used. (For benchmark measurements , the benchmark valueshall be used. 2 Step 2: The percentage difference between the actual averages and thecalculated averages for the relevant month(s) shall be calculated . The calculationfor parity measurements is % diff = (actual average - calculated average )/calculated Qwest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 10- Exhibit K average. The percent difference shall be capped at a maximum of 1000/0. In allcalculations of percent differences in section 8.0 and section 9., the calculatedpercent difference is capped at 1000/0. 3 Step 3: For each performance measurement, the total number of data points for the relevant month(s) shall be multiplied by the percentage calculated in the previous step. The amount (average amount, if more than one month) (rounded to the nearest integer) is then multiplied by the result of the per occurrence dollaramount taken from the Tier 2 Payment Table to determine the payment to the Statefor each non-conforming performance measurement. Performance Measurements that are Percentages: Step 1: For each performance measurement, the monthly percentage thatwould yield the critical z-value for each month shall be calculated. The samedenominator as the one used in calculating the z-statistic for the measurement shallbe used. (For benchmark measurements , the benchmark value shall be used. 2 Step 2: The difference between the actual percentages and the calculated percentages for the relevant month(s) shall be calculated. The calculation for paritymeasurement is diff = (GLEG result - calculated percentage). This formula shall beapplicable where a high value is indicative of poor performance. The formula shall be reversed where high performance is indicative of good performance. 3 Step 3: For each performance measurement, the total number of data pointsfor the relevant month(s) shall be multiplied ' by the difference in percentagecalculated in the previous step. The amount (average amount, if more than one month)(rounded to the nearest integer) is then multiplied by the result of the peroccurrence dollar amounts taken from the Tier 2 Payment Table to determine thepayment to the State. Performance Measurements that are Ratios or Proportions: Step 1: For each performance measurement, the ratio that would yield thecritical z-value for each month shall be calculated. The same denominator as theone used in calculating the z-statistic for the measurement shall be used. (Forbenchmark measurements, the benchmark value shall be used. 1 Step 2: The difference between the actual rate for the GLEG and thecalculated rate for the relevant month(s) shall be calculated. The calculation is: diff =(GLEG rate calculated rate). This formula shall apply where a high value is indicative of poor performance. The formula shall be reversed where highperformance is indicative of good performance. 2 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference calculated in the previous step for each month. Qwest Idaho SGAT Thjrd Revised, Fjfth Amended Exhibit K, November 30 2004 - 11- Exhibit K The amount (average amount, if more than one month)(rounded to the nearest integer) is then multiplied by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. Performance Measurements for which Tier 2 Payment is Per Measure: For each performance measurement where awest fails to meet the standard the payment to the State Fund shall be the dollar amount shown on the "per measure" portion of the Tier 2 Payment Table. 10.Low Volume, Developing Markets 10.For certain qualifying performance standards if the aggregate monthly volumes of CLECs participating in the PAP are more than 10 , but less than 100awest will make Tier 1 payments to CLECs for failure to meet the parity orbenchmark standard for the qualifying performance sub-measurements. The qualifying sub-measurements are the UNE-P (POTS), megabit resale, and ADSL qualified loop product disaggregation of OP-, OP-, OP-, MR-, MR-, MR-, and MR-8. If the aggregate monthly CLEC volume is greater than 100 , the provisions of this section shall not apply to the qualifying performance sub-measurement. 10.The determination of whether awest has met the parity or benchmark standards will be made using aggregate volumes of CLECs participating in the PAP. In the event awest does not meet the applicable performance standards, a total payment to affected CLECs will be determined in accordance with the high, mediumlow designation for each performance measurement (see Attachment 1) and as , described'in section 8., except that CLEC aggregate volumes will be used. In the event the calculated total payment amount to CLECs is less than $5 000 " a minimum payment of $5 000 shall be made. The resulting total payment amount to CLECs will be apportioned to the affected CLECs based upon each CLEC's relative share of the number of total service misses. 10.At the six (B)-month reviews , awest will consider adding to the above list of qualifying performance sub-measurements new products disaggregation representing new modes of CLEC entry into developing markets. 11.Payment 11.1 'Payments to CLEC , the State , or the Special Fund shall be made one monthfollowing the due date of the performance measurement report for the month for which payment is being made. awest will pay interest on any late payment and underpayment at the prime rate as reported in the Wall Street Journal. On any overpayment, awest is allowed to offset future payments by the amount of the overpayment plus interest at the prime rate. Qwest Idaho SGAT Third Revjsed , Fifth Amended Exhjbit K, November 30 2004 - 12- Exhibit K 11.Payment to CLEC shall be made via bill credits. Bill credits shall be identified on a summary format substantially similar to that distributed as a prototype to the CLECs and the Commissions. To the extent that a monthly payment owed to CLEC under this PAP exceeds the amount owed to Owest by CLEC on a monthly bill Owest will issue a check or wire transfer to CLEC in the amount of the overage. Payment to the State shall be made via check or wire transfer. 11.Special Fund shall be created for the purpose of payment of an independent auditor and audit costs as specified in section 15.0 and payment of other expenses incurred by the participating Commissions in the regional administration of the PAP. 11.1 Owest shall establish the Special Fund as an interest bearing escrow account upon the first FCC section 271 approval of the PAP applicable to a participating state Commission. Owest shall be authorized to withhold and deposit into the Special Fund one-half of all Tier 2 payments. The cost of the escrow account will be paid for from account funds. 11.2 Commissions participating in the Special Fund shall appoint a person designated to administer and authorize disbursement of funds. All claims against the fund shall be presented to the Commissions' designates and shall be the responsibility of the participating Commissions. 11.3 Owest shall advance funds to meet initial claims against the Special Fund to the extent Tier 2 contributions are insufficient. Such funds shall not exceed $500 000 and shall be reduced appropriately in the event that at least six states in which the OPAP is in effect do not agree to participate in the Special Fund. Upon a determination by the participating Commissions that the Special Fund has become self-sustaining or is no longer required Owest shall be allowed to recover any such advances plus interest at the rate that the escrow account would have earned. 11.4 Upon the execution of a memorandum of understanding with the Idaho Commission Owest shall establish an Idaho Discretionary Fund as separate interest bearing escrow account. Owest shall deposit into the Discretionary Fund the remaining balance of Tier 2 payments after disbursement of Tier 2 payments to the Special Fund pursuant to section 13.1. The Commission shall appoint a person designated to administer and authorize disbursements of funds from the Discretionary Fund. Disbursements from the Discretionary Fund shall be limited to competitively neutral Idaho telecommunications initiatives. The costs of the Discretionary Fund will paid for from the account's funds. 12.Cap on Tier 1 and Tier 2 Payments 12.There shall be a cap on the total payments made by Owest for a 12 month period beginning with the effective date of the PAP for the State of Idaho. The Qwest Idaho SGA T Thjrd Revised , Fifth Amended Exhibit K, November 30, 2004 - 13- Exhibit K annual cap for the State of Idaho shall be 360/0 of ARMIS Net Return, recalculated each year based upon the prior year Idaho ARMIS results , subject to any applicable adjustment permitted pursuant to section 12.2. Owest shall submit to the Commission the calculation of each year s cap no later than 30 days after submission of ARMIS results to the FCC. CLEC agrees that this amount constitutes a maximum annual cap that shall apply to the aggregate total of Tier 1 liquidated damages including any such damages paid pursuant to this Agreement, any other interconnection agreement, or any other payments made for the same underlying activity or omission under any other contract, order or rule and Tier 2 assessments or payments made by Owest for the same underlying activity or omission under any other contract, order or rule. 12.The 360/0 annual cap may be increased to 440/0 or decreased to 300/0 of ARMIS Net Return as follows: 12.1 An increase in the cap of a maximum of 4 percentage points at anyone time (i.e., first to 40 percent) shall occur upon order by the Commission if the cap has been exceeded for any consecutive period of 24 months by that same 4 percent or more , provided that: (a) the Commission has determined that the preponderance ofthe evidence shows Owest could have remained beneath the cap through reasonable and prudent effort, and (b) the Commission has made that "determination after having available to it on the record the results of audits and root cause analyses , and provided an opportunity for Owest to be heard. 12.2 A decrease in the cap of a maximum of 4 percentage points at anyone time shall occur upon order by the Commission after performance for any consecutive period of 24 months in which total payments are 8 or more percentage points below the cap amount, provided that: (a) the Commission has determined that the preponderance of the evidence shows the performance results underlying those payments results from an adequate Owest commitment to meeting its responsibilities to provide adequate wholesale service and to keeping open its local markets and (b) the Commission shall have made that determination after providing all interested parties an opportunity to be heard. 12.3 The provisions of 12.1 and 12.2 shall be in effect for the next 24 month period commencing with the end of the 24 month period upon which the Commission s order is based. 12.If the annual cap is reached, each CLEC shall , as of the end of the year, be entitled to receive the same percentage of its total calculated Tier 1 payments. order to preserve the operation of the, annual cap, the percentage equalization shall take place as follows: 12.1 The amount by which any month'total year-to-date Tier 1 and Tier 2 payments exceeds the cumulative monthly cap (defined as 1/12th of the annual cap times the cumulative number of months to date) shall be calculated and apportioned Owest Idaho SGAT Third Revised, Fjfth Amended Exhibit K, November 30 2004 - 14- Exhibit K between Tier 1 and Tier 2 according to the percentage that each bore of total payments for the year-to-date. The Tier 1 apportionment resulting of this calculation shall be known as the "Tracking Account" 12.2 The Tier 1 apportionment shall be debited against the monthly payment due to each CLEC, by applying to the year-to-date payments received by each the percentage necessary to generate the required total Tier 1 amount 12.3 The Tracking Amount shall be apportioned among all CLECs so as to provide each with payments equal in percentage of its total year to date Tier 1 payment calculations. 12.4 This calculation shall take place in the first month that the year-to-date total Tier 1 and Tier 2 payments are expected to exceed the cumulative monthly cap and for each month of that year thereafter. Owest shall recover any debited amounts by reducing payments due to any CLEC for that month and any succeeding months, as necessary. 13.Limitations 13.The PAP shall not become available in the State unless and until Owest receives effective section 271 authority from the FCC for that State. 13.Owest will not be liable for Tier 1 payments to CLEC in an FCC approved state until the Commission has approved an interconnection agreement between CLEC and Owest which adopts the provisions of this PAP. 13.Owest shall not be obligated to make Tier 1 or Tier 2 payments for any measurement if and to the extent that non-conformance for that measurement was the result of any of the following: 1) with respect to performance measurements with a benchmark standard , a Force Majeure event as defined in section 5.7 of the SGAT. Owest will provide notice of the occurrence of a Force Majeure event within 72 hours of the time Owest learns of the event or within a reasonable time frame that Owest should have learned of it; 2) an act or omission by a CLEC that is contrary to any of its obligations under its interconnection agreement with Owest or under federal or state law; an act or omission by CLEC that is in bad faith. Examples of bad faith conduct include, but are not limited to: unreasonably holding service orders and/or applications , " dumping" orders or applications in unreasonably large batches dumping" orders or applications at or near the close of a business day, on a Friday evening or prior to a holiday, and failing to provide timely forecasts to Owest for services or facilities when such forecasts are explicitly required by the SGA T; 3) problems associated with third-party systems or equipment, which could not have been avoided by Owest in the exercise of reasonable diligence provided, however that this third party exclusion will not be raised in the State more than three times within a calendar year. 'If a Force Majeure event or other excusing event recognized Qwest Idaho SGA T Thjrd Revised, Fifth Amended Exhibjt K, November 30, 2004 - 15- Exhibit K in this section merely suspends Owest's ability to timely perform an activity subject to a performance measurement that is an interval measure, the applicable time frame in which Owest's compliance with the parity or benchmark criterion is measured will be extended on an hour-for-hour or day-for-day basis, as applicable , equal to the duration of the excusing event. 13.1 Owest will not be excused from Tier 1 or Tier 2 payments for any reason except as described in Section 13.0. Owest will have the burden of demonstrating that its non-conformance with the performance measurement was excused on one of the grounds described in this PAP., A party may petition the Commission to require Owest to deposit disputed payments into an escrow account when the requesting party can show cause , such as grounds provided in the Uniform Commercial Code for cases of commercial uncertainty. 13.2 Notwithstanding any other provision of section 13 of this OPAP , Owest shall not be excused for failing to provide such performance that Owest could reasonably have been expected to deliver assuming that it had designed , implemented , staffed provisioned , and otherwise provided for resources reasonably required to meet foreseeable volumes and patterns of demands upon its resources by CLECs. 13.Owest's agreement to implement these enforcement terms, and specifically its agreement to pay any "liquidated damages" or "assessments" hereunder, will not be considered as an admission against interest or an admission of liability in any legal , regulatory, or other proceeding relating in whole or in part to the same performance. 13.CLEC may not use: 1) the existence of this enforcement plan; or 2) Owest's payment of Tier -1 "liquidated damages" or Tier 2 "assessments" as evidence that Owest has discriminated in the provision of any facilities or services under Sections 251 or 252, or has violated any state or federal law or regulation. Owest's conduct underlying its performance measures however are not made inadmissible by its terms. 13.2 By accepting this performance remedy plan CLEO agrees that Owest's performance with respect to this remedy plan may not be used as an admission of liability or culpability for a violation of any state or federal law or regulation. (Nothing herein is intended to preclude Owest from introducing evidence of any Tier liquidated damages" under these provisions for the purpose of offsetting the payment against any other damages or payments a CLEC might recover.The terms of this paragraph do not apply to any proceeding before the Commission or the FCC to determine whether Owest has met or continues to meet the requirements of sectidn 271 of the Act. Owest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 16- Exhibit K 13.By incorporating these liquidated damages terms into the PAP , Owest and CLEC accepting this PAP agree that proof of damages from any non-conforming performance measurement would be difficult to ascertain and, therefore , liquidated damages are a reasonable approximation of any contractual damages that may result from a non-conforming performance measurement. Owest and CLEC further . agree that Tier 1 payments made pursuant to this PAP are not intended to be a penalty. The application of the assessments and damages provided for herein is not intended to foreclose other noncontractual legal and non-contractual regulatory claims and remedies that may be available to a CLEC. 13.This PAP contains a comprehensive set of performance measurements statistical methodologies , and payment mechanisms that are designed to function together, and only together, as an integrated whole. To elect the PAP , CLEC must adopt the PAP in its entirety, in its interconnection agreement with Owest. By electing remedies under the PAP, CLEC waives any causes of action based on a contractual theory of liability, and any right of recovery under any other theory of liability (including, but not limited to a state utility regulatory commission or Federal Communications Commission rule or order) to the extent such recovery is related to harm compensable under a contractual theory of liability (even though it is sought through a noncontractual claim , theory, or cause of action). 13. If for any reason a CLEC agreeing to this OP AP is awarded compensation for the same harm for which it received payment under the OPAP , the court or other adjudicatory body hearing such a claim may offset the damages resulting from such claim against payments made for the same harm. 13.Owest shall not be liable for both Tier 2 payments under the PAP and assessments, sanctions , or other payments for the same underlying activity or omission pursuant to any Commission order or service quality rules. 13.Whenever a Owest Tier 1 payment to an individual CLEC exceeds $3 million in a month , Owest may commence a proceeding to demonstrate why it should not be required to pay any amount in excess of the $3 million. Upon timely commencement of the proceeding, Owest must pay the balance of payments owed in excess of $3 million into escrow, to be held by a third-party pending the outcome of the proceeding. To invoke these escrow provisions , Owest must file, not later than the due date of the Tier 1 payments, its application. Owest will have the burden of proof to demonstrate why, under the circumstances, it would be unjust to require it to make the payments in excess of $3 million. If Owest reports non-conforming performanceto CLEC for three consecutive months on 200/0 or more of the measurements reported to CLEC and has incurred no more than $1 million in liability to CLEC , then Qwest Idaho SGA T Thjrd Revised, Fjfth Amended Exhibjt K, November 30 , 2004 - 17- Exhibit K CLEC may commence a similar proceeding. In any such proceeding CLEC will have the burden of proof to demonstrate why, under the circumstances, justice requires Owest to make payments in excess of the amount calculated pursuant to the terms of the PAP. The disputes identified in this section shall be resolved in a manner specified in the Dispute Resolution section of the SGA T with the CLEC. 14.Reporting 14.Upon receiving effective section 271 authority from the FCC for a state Owest will provide CLEC that has an approved interconnection agreement with Owest, a monthly report of Owest's performance for the measurements identified in the PAP by the last day of the month following the month for which performance results are being reported. However Owest shall have a grace period of five business days, so that Owest shall not be deemed out of compliance with its reporting obligations before the expiration of the five business day grace period. Owest will collect, analyze, and report performance data for the measurements listed on Attachment 1 in accordance with the most recent version of the PIDs. Upon CLEC's request, data files of the CLEC's raw data, or any subset thereof, will be transmitted, without charge, to CLEC in a mutually acceptable format, protocol, and transmission medium. 14.Owest will also provide the Commission a monthly report of aggregate CLEC performance results pursuant to the PAP by the last day of the month following the month for which performance results are being reported. However, Owest shall have a grace period of five business days, so that Owest shall not be deemed out of compliance with its reporting obligations before the expiration of the five business day grace period. Individual CLEC reports of participating CLECs will also be available to the Commission upon request. By accepting this PAP, CLEC consents to Owest providing CLEC's report and raw data to the State Commission. Pursuant to the terms of an order of the Commission Owest may provide GLEe-specific data that relates to the PAP , provided that Owest shall first initiate any procedures necessary to protect the confidentiality and to prevent the public release of the information pending any applicable Commission procedures and further provided that Owest provides such notice as the Commission directs to the CLEC involved , in order to allow it to prosecute such procedures to their completion. Data files of participating CLEC raw data, or any subset thereof, will be transmitted , without charge , to the Commission in a mutually acceptable format, protocol, and transmission form. 14.In the event Owest does not provide CLEC and the Commission with a monthly report by the last day of the month following the month for which performance results are being reported, Owest will pay to the State a total of $500 for each business day for which performance reports are 6 to 10 business days past the due date; $1 000 for each business day for which performance reports are 11 to 15 Qwest Idaho SGA T Third Revised, Fjfth Amended Exhibjt K, November 30, 2004 - 18- Exhibit K business days past the due date; and $2 000 far each business day far which performance results are mare than 15 business days past the due date. If reparts are on time but are missing perfarmance results, awest will pay to' the State a tatal af one-fifth af the late repart amaunt far each missing perfarmance measurement subject to' a cap af the full late repart amaunt. These amaunts represent the tatal payments far amitting perfarmance measurements ar missing any repart deadlines rather than a payment per repart. Priar to' the date af a payment far late reparts awest may file a request far a waiver af the payment, which states the reasans far the waiver. The Cammission may grant the waiver, deny the waiver, ar pravide any other relief that may be apprapriate. 14.TO' the extent that awest recalculates payments made under this PAP , such recalculatian shall be limited to' the preceding three years (measured from the later af the pravisian af a manthly credit statement ar payment due date). awest shall retain sufficient recards to' demanstrate fully the basis far its calculatians far lang enough to' meet this patential recalculatian abligatian. CLEC verificatian ar recalculatian effarts shauld be made reasanably cantemparaneausly with awest measurements. In any event, awest shall maintain the recards in a readily useable farmat far ane year. Far the remaining twO' years , the recards may be retained in archived farmat. Any payment adjustments shall be subject to' the interest rate pravisians af sectian 11. 15.Integrated Audit Programllnvestigations of Performance Results 15.Audits af the PAP shall be canducted in a twa-year cycle under the auspices af the participating Cammissians in accardance with a detailed audit plan develaped by an independent auditar retained far a twa-year periad. The participating Cammissians shall select the independent auditar with input fram awest and CLECs. 15.1 The participating Cammissians shall farm an aversight cammittee af Cammissianers whO' will chaase the independent auditar and apprave the audit plan. Any disputes as to' the chaice af auditar ar the scape af the audit shall be resalved thraugh a vate af the chairs af the participating cammissians pursuant to' Sectian 15. 15.2 The audit plan shall be canducted aver twO' years. The audit plan will identify the specific perfarmance measurements to' be audited , the specific tests to' be canducted, and the entity to' canduct them. The audit plan will give priarity to' auditing the higher risk areas identified in the ass repart. The twa-year cycle will examine risks likely to' exist acrass that periad and the past histary af testing, in arder to' determine what cambinatian af high and mare maderate areas af risk shauld be examined during the twa-year cycle. The first year af a twa-year cycle will cancentrate an areas mast likely to' require fallaw-up in the secand year. Owest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 19- Exhibit K 15.3 The audit plan shall be coordinated with other audit plans that may be conducted by other state commissions so as to avoid duplication , shall not impede Qwest's ability to comply with the other provisions of the PAP and should be of a nature and scope that can be conducted in accordance with the reasonable course of Qwest's business operations. 15.4 Any dispute arising out of the audit plan, the conduct of the audit, or audit results shall be resolved by the oversight committee of Commissioners. Decisions of the oversight committee of Commissioners may be appealed to a committee of the chairs of the participating Commissions. 15.Qwest may make management processes more accurate or more efficient to perform without sacrificing accuracy. These changes are at Qwest's discretion but will be reported to the independent auditor in quarterly meetings in which the auditor may ask questions about changes made in the Qwest measurement regimen. The meetings, which will be limited to Qwest and the independent auditor, will permit an independent assessment of the materiality and propriety of any Qwest changes including, where necessary, testing of the change details by the independent auditor. The information gathered by the independent auditor may be the basis for reports bythe independent auditor to the participating Commissions and , where the Commissions deem it appropriate, to otherparticipants. 15.In the event of a disagreement between Qwest and CLEC as to any issue regarding the accuracy or integrity of data collected, generated , and reported pursuant to the PAP , Qwest and the CLEC shall first consult with one another and attempt in good faith to resolve the issue. If an issue is not resolved within 45 days after a request for consultation, CLEC and Qwest may, upon a demonstration of good cause, (e., evidence of material errors or discrepancies) request an independent audit to be conducted , at the initiating party s expense. The independent auditor will assess the need for an audit based upon whether there exists a material deficiency in the data or whether there exists an issue not otherwise addressed by the audit plan for the current cycle. The dispute resolution provision of section 18.0 is available to any party questioning the independent auditor s decision to conduct or not conduct a CLEC requested audit and the audit findings, should such an audit be conducted. An audit may not proceed until dispute resolution is completed. Audit findings willinclude: (a) general applicability of findings and conclusions (i.e., relevance to CLECs or jurisdictions other than the ones causing test initiation), (b) magnitude of any payment adjustments required and , (c) whether cost responsibility should be shifted based upon the materiality and clarity of any Qwest non-conformance with measurement requirements (no pre-determined variance is appropriate, but should be based on the auditor s professional judgment). CLEC may not request an audit of data more than three years from the later of the provision of a monthly credit statement or payment due date. Qwest Idaho SGA T Third Revjsed, Fifth Amended Exhibit K, November 30, 2004 - 20- Exhibit K 15.Expenses for the audit of the PAP and any other related expenses, except that which may be assigned under section 15., shall be paid first from the Tier 2 funds in the Special Fund. For Idaho , the remainder of the audit expenses will be paid by Qwest. 15.Qwest will investigate any second consecutive Tier 2 miss to determine the cause of the miss and to identify the action needed in order to meet the standard set forth in the performance measurements. To the extent an investigation determines that a CLEC was responsible in whole or in part for the Tier 2 misses , Qwest shall receive credit against future Tier 2 payments in an amount equal to the Tier 2 payments that should not have been made. The relevant portion of subsequent Tier 2 payments will not be owed until any responsible CLEC problems are corrected. For the purposes of this sub-section, Tier 1 performance measurements that have not been designated as Tier 2 will be aggregated and the aggregate results will be investigated pursuant to the terms of this Agreement. 16.Reviews 16. 1 Every six (6) months , beginning six months after the effective date of section 271 approval by the FCC for the state of Idaho, Qwest, CLECs, or the Idaho Public Utilities Commission may initiate a review of the performance measurements to determine whether measurements should be added , deleted , or modified; whetherthe applicable benchmark standards should be modified or replaced by parity standards; and whether to move a classification of a measurement to High , Medium or Low, Tier 1 or Tier 2. The criterion for reclassification of a measurement shall be whether the actual volume of data points was less or greater than anticipated. Criteria for review of performance measurements other than for possible reclassification, shall be whether there exists an omission or failure to capture intended performance , and whether there is duplication of another measurement. Any disputes regarding adding, deleting, or modifying performance measurements shall be resolved pursuant to a proceeding before the Commission and subject to judicial review. No new performance measurements shall be added to this PAP that have not been subject to observation as diagnostic measurements for a period of 6 months. Any changes made at the six-month review pursuant to this section shall apply to and modify this agreement between Qwest and CLEC , subject to a stay, modification or reversal upon appeal or judicial review. 16.Notwithstanding sectjon 16., if any agreements on adding, modifying or deleting performance measurements as permitted by section 16.1 are reached between Qwest and CLECs participating in an industry Regional Oversight Committee (ROC) PID administration forum , those agreements shall be incorporated into the QPAP and modify the agreement between CLEC and Qwest at any time those agreements are submitted to the Commission , whether before or after a six- month review. Qwest Idaho SGAT Third Revised , Fifth Amended Exhibjt K, November 30 2004 - 21- Exhibit K 16.For the first twelve months that any changes made pursuant to paragraphs 16.1 or 16.1 are in effect, Qwest's liability for such changes shall be limited to 100/0 of the monthly payments that Qwest would have made absent the effect of such changes as a whole. This provision shall be referred as "the 100/0 payment collar. Such payment limitation shall be accomplished by factoring the payments resulting from the changes to ensure that such payments remain within 100/0 of the payments Qwest would have made absent such changes. 16.In the event that the Commission adds, modifies , or reclassifies a performance measurement that has not been agreed upon in the ROC PID administration forum process in 16., the 100/0 payment collar shall remain in effect unless removed by the Commission pursuant to this section. If, after a minimum of 6 months of payments to a CLEC , Qwest's payments have been limited by the 100/0 payment collar to 800/0 or less of what the total payments would have been absent the collar for the preceding 6-month period , the Commission may, upon motion by an affectedCLEC, conduct a record proceeding to determine whether the 100/0 payment collar should be removed from any such performance measure. The Commission can prospectively remove the 100/0 collar for Tier 1 payments to affected CLEC(s) for any such performance measure upon a demonstration through a record proceeding and a Commission determination that the total payments to the CLEC(s) under the QPAP were inadequate to compensate CLEC(s) for actual harm incurred during the same period and upon a determination that such change is otherwise necessary and appropriate and in the public interest. 16.Two years after the effective date of the first FCC 271 approval of the PAP the participating Commissions may conduct a joint review by a independent third party to examine the continuing effectiveness of the PAP as a means of inducing compliant performance. This review shall not be used to open the PAP generally to amendment, but would serve to assist Commissions in determining existing conditions and reporting to the FCC on the continuing adequacy of the PAP to serve its intended functions. The expense of the reviews shall be paid from the Special Fund. 16.Qwest will make the PAP available for CLEC interconnection agreements until such time as Qwest eliminates its Section 272 affiliate. At that time, the Commission and Qwest shall review the appropriateness of the PAP and whether its continuation is necessary. However, in the event Qwest exits the interLA T A market that State PAP shall be rescinded immediately. 17.Voluntary Performance Assurance Plan This PAP represents Qwest's voluntary offer to provide performance assurance. Nothing in the PAP or in any conclusion of non-conformance of Qwest's service performance with the standards defined in the PAP shall be construed to be, of itself non-conformance with the Act. Owest Idaho SGA T Third Revised, Fjfth Amended Exhibit K, November 30, 2004 - 22- Exhibit K 18.Dispute Resolution For the purpose of resolving disputes over the meaning of the provisions of the PAP and how they should be applied, the dispute resolution provisions of the SGA T section 5., shall apply whether the GLEG uses the SGA T in its entirety or elects to make the PAP part of its interconnection agreements (i.e., the unique dispute resolution provisions of interconnection agreements should not apply). Qwest Idaho SGAT Thjrd Revjsed, Fifth Amended Exhibit K, November 30 2004 - 23- Exhibit K Attachment 1: Tier 1 and Tier 2 Performance Measurements Subject to Per Occurrence Payment Performance Measurement Tier 1 Payments Tier 2 Payments low Med low Med High High GATEWAY Timely Outage Resolutjon GA- PRE-ORDER/ORDERS lSR Rejection Notjce Interval PO- Firm Order Confirmatjons On Tjme PO- Work Completion Notifjcation Timeliness PO- Bjlling Completion Notifjcatjon Timeljness PO- 70 Jeopardy Notice Interval PO- Timely Jeopardy Notices PO- Release Notificatjons PO- (Expanded)Manual Servjce Order PO-20c Accuracy ORDERING AND PROVISIONING Installation Commitments Met OP- nstallation Intervals OP- New Service Quality OP- Delayed Days OP- Number Portabiljty Timeljness OP- Coordjnated Cuts On Time -Unbundled OP-13a loops lNP Djsconnect Timeliness OP- MAINTENANCE AND REPAIR Out of Service Cleared wjthin 24 hours MR- All Troubles Cleared wjthjn 4 hours MR- Mean time to Restore MR- Repair Repeat Report Rate MR- Trouble Rate MR-lNP Trouble Reports Cleared within 24 MR- Hours lNP Trouble Reports-Mean Time MR- Restore BilLING Time to Provjde Recorded UsaQe Records BI- Billing Accuracy-Adjustments for Errors BI- Billjng Completeness BI- NEnNORK PERFORMANCE Trunk Blocking N~1 NXX Code Actjvatjon NP- Qwest Idaho SGAT Thjrd Revised , Fifth Amended ExhibitK, November 30 2004 - 24- Exhibit K a. PO-3 is limited to PO-3a-, PO-3b-, and PO-3c. b. PO-6 is included with PO-7 as two "families:" PO-6a/PO-7a and PO-6b/PO-7b. Measurements within each family share a single payment opportunity with only the measurements with the highest payment beingpaid. c. Low Volume Exception: In lieu of Section 2.4 for PO-, where CLEC order volumes for a given month are less than 17 in Phase 1 , less than 13 in Phase 2, and less than 10 in Phase 3 and subsequent phases a benchmark standard of "no more than one order with PO-20 errors" is applied. Under this provision, no payment applies if there is only one order with errors. Stabilization Period: For each phase beginning with Phase 1 , there will be no more than a 3-month measurement stabilization period for all fields introduced in that phase. Performance results that include all such fields are not subject to payments during the measurement stabilization period. d. OP-4 is included with OP-6 as five "families:" OP-4a/OP-, OP-4b/OP-, OP-4c/OP-, OP-4d/OP- , and OP-4e/OP-5. Measurements within each family share a single payment opportunity with only the measurement with the highest payment being paid. e. Low volume treatment for OP-5b will apply if both (1) the CLEC volume of orders is less than or equal to 29 (the denominator of OP-5t) and (2) the number of orders with trouble in OP-5a is no more than one. When these two conditions are met, a standard of no more than one order with new service trouble applies. f. For purposes of the PAP, OP-6a and OP-6b will be combined and treated as one. The combined OP- breaks down to OP-1 (within MSA), OP-2 (outside MSA), OP-3 (no dispatch), OP-4 (zone 1), and OP-5 (zone 2). g. Applicable only to xDSL-capable loops. Qwest Idaho SGA T Third Revjsed , Fjfth Amended Exhibjt K, November 30, 2004 - 25- Exhibit K Attachment 2: Performance Measurements Subject to Per Measurement Caps Billing Time to Provide Recorded Usage Records - BI-1 (Tier 1/Tier 2) Billing Accuracy - Adjustments for Errors - BI-(Tier 1) Billing Completeness - BI-(Tier 1/Tier 2) Qwest Idaho SGAT Third Revised, Fjfth Amended Exhjbjt K, November 30,2004 - 26-