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HomeMy WebLinkAbout20060606Amendment.pdfOwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 , ;, " , --2 Qwest", Spirit of Service Maura E. Peterson Paralegal Regulatory Law ; ' Via Overnight delivery June 5 , 2006 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE-O5- Application for Approval of Amendment to the Interconnection Agreement DIECA Communications, Inc. dba Covad Communications Company Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this atter. mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com , ", ,. i , BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~252(e) CASE NO.: QWE-O5- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on October 12, 2005 (the "Agreement"). The Amendment with DIECA Communications, Inc. d/b/a Covad Communications Company ("Covad") is submitted herewith. This Amendment was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act" Section 252( e )(2) of the Act directs that a state Commission may reject an amendment reached through voluntary negotiations only if the Commission finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests that the Commission approve this Amendment expeditiously. This Amendment is consistent with the public interest as identified in the pro-competitive policies of the State of Idaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment will enable Covad to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Dieca Communications, Inc. dba Covad Communications Company Amendment for Triennial Review Order and Triennial Review Remand Order interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commission approve this Amendment without a hearing. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted thi~~ay of June, 2006. Qwest Corporation Adam L. Sherr Attorney for Qwest ------ - APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Dieca Communications, Inc. dba Covad Communications Company Amendment for Triennial Review Order and Triennial Review Remand Order CERTIFICATE OF SERVICE I hereby certify that on this day of May, 2006 , I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 i i ewell~puc. state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Covad Communications Mr. Jim Kirkland Senior VP and General Counsel 110 Rio Robles San Jose, CA 95134-1813 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~mai~ APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Dieca Communications, Inc. dba Covad Communications Company Amendment for Triennial Review Order and Triennial Review Remand Order Triennial Review Order and Triennial Review Remand Order TRO/TRRO") Amendment to the Interconnection Agreement between Owest Corporationand DIECA Communications, Inc. dlbla Covad Communications Company for the State of Idaho This is an Amendment to incorporate the Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO"into the Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation, and DIECA Communications, Inc. d/b/a Covad Communications Company ("CLEC"), a Virginia corporation. CLEC and Qwest shall be known jointly as the "Parties RECITALS WHEREAS, the Parties entered into an Interconnection Agreement (such Interconnection Agreement, as amended to date, being referred to herein as the "Agreement"), for services in the State of Idaho, that was approved by the Idaho Public Utilities Commission on October 12, 2005, as referenced in Case No. QWE-05-19; and WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and regulations pertaining to, among other things, the availability of unbundled network elements ("UNEs ) pursuant to Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act") in its Report and Order In the Matter of Review of the Section 251 Unbundling Obligations Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338 , 96-98 and 98-147 , (effective October , 2003) ("TRO"); and WHEREAS on February 4, 2005, the FCC released the Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Order on Remand (Triennial Review Remand Order)(FCC 04-290) ("TRRO"), effective March 11, 2005, which further modified the rules governing Qwest's obligation to make certain UNEs available under Section 251 (c)(3) of the Act; and WHEREAS the TRO and TRRO Decision , individually and together ("Decisions ) modify Qwest's obligations under the Act with respect to, among other things, Qwest's requirement to offer certain UNEs; and WHEREAS the Parties wish to amend the Agreement to comply with the Decisions hereby agree to do so under the terms and conditions contained herein. AGREEMENT NOW THEREFORE in consideration of the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: April 20, 2006/msd/DIECA dba CovadfTRRO/lD Nego Amendment to CDS-050818-O009 I. Amendment Terms. To the extent applicable, the Agreement is hereby amended by deleting certain UNEs or by changing or adding terms and conditions for certain UNEs as set forth in Attachment 1 and Exhibit A to this Amendment, attached hereto and incorporated herein by this reference (collectively, the foregoing documents are referred to as the "Amendment"). II.Limitations. Nothing in this Amendment shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the Decisions, nor rules, regulations , interpretations, and appeals thereof, including but not limited to state rules, regulations, and laws as they may be issued or promulgated regarding the same. Nothing in this Amendment shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper interpretation or effect of Decisions or concerning whether the Decisions should be changed, vacated, dismissed, stayed or modified. III.Conflicts. In the event of a conflict between this Amendment and the terms and conditions of the Agreement, this Amendment shall control, provided, however, that the fact that a term or provision appears in this Amendment but not in the Agreement shall not be interpreted as, or deemed a grounds for finding, a conflictfor purposes of this Section III. IV.Scope. This Amendment shall amend, modify and revise the Agreement only to the extent the UNEs listed in Attachment 1 are included in the Agreement and, except to the extent set forth in Section I and Section II of this Amendment, the terms and provisions of the Agreement shall remain in full force and effect after the execution date. Nothing in this Amendment is intended to address, implement or affect any obligations Owest may have under 47 U.C. Section 271. Effective Date. This Amendment shall be deemed effective upon approval by the Commission , except where the change of law provision in CLEC's Interconnection Agreement specifies a different effective date. The Parties agree to implement the provisions of this Amendment upon execution execution date VI.Further Amendments. The provisions of this Amendment, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Amendment may not be given without the written consent thereto by both Parties authorized representative. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. April 20, 2006/msd1D1ECA dba CovadfTRRO/ID Nego Amendment to CDS-050818-O009 VII.Entire Aareement. The Agreement as amended (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of the Agreement as amended and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral , to the extent they relate in any way to the subjects of the Agreement as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. DlECA Communications, Inc. d/b/a Covad Communications Company ;?mb& Sig " ture J D.n1l ~ A.JSia-laNi Name PrintedfTyped p ~ j)e;J If tt~ C; :;r~d~ Signature LT. Christensen Name PrintedfTyped Director- Interconnection Aqreements Title S- /to /0 ~ Date Title Date April 20, 2006/msd/DIECA dba CovadrrRRO/ID Nego Amendment to CDS-050818-0009 Table of Contents RECITALS......... ..... .......... ........................................... ........................ ........... ....... 1 TABLE OF CONTENTS............. .................. .' ............................. ............ ............... ...... 4 DEFINITIONS.................................................. ...................................... ......... UNBUNDLED NETWORK ELEMENTS (UNE) GENERAL ..................................... UNBUNDLED Loop........................................................ ............. ................. 10 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) ......................... INTENTIONALLY LEFT BLANK ................ ......................... .......... ...... .............. 18 UNBUNDLED NETWORK ELEMENT COMBINATIONS........................................ 18 ROUTINE NETWORK MODIFICATIONS ........................................................... April 20, 2006/msd1D1ECA dba CovadlTRRO/lD Nego Amendment to CDS-050818-0009 ATTACHMENT 1 ATTACHMENT 1 Definitions . " Business Line" means a Qwest-owned switched access line used to serve a business customer, whether by Qwest itself or by CLEC that leases the line from Qwest. The number of Business Lines in a Wire Center shall equal the sum of all Qwest business switched access lines, plus the sum of all UNE loops connected to that Wire Center, including UNE loops provisioned in combination with other unbundled elements. Among these requirements Business Line tallies (1) shall include only those access lines connecting End User Customers with Qwest end-offices for switched services; (2) shall not include non-switched special access lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps- equivalent as one line. For example, a DS1 line corresponds to twenty-four (24) 64 kbps- equivalents, and therefore to twenty-four (24) Business Lines. Dark Fiber" is fiber within an existing fiber optic cable that has not yet been activated through optronics to render it capable of carrying communications services. Dedicated Transport" is Qwest transmission facilities between wire centers or switches owned by Qwest, or between wire centers or switches owned by Qwest and switches owned by requesting telecommunications carriers, including, but not limited to, DS1-, DS3-, and OCn- capacity level services, as well as dark fiber, dedicated to a particular customer or carrier. Fiber-based Collocator" means any carrier, unaffiliated with Qwest, that maintains a Collocation arrangement in a Qwest Wire Center, with active electrical power supply, and operates a fiber- optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement within the Wire Center; (2) leaves the Qwest Wire Center premises; and (3) is owned by a party other than Qwest or any affiliate of Qwest, except as set forth in this paragraph. Dark fiber obtained from Qwest on an indefeasible right of use basis shall be treated as non-Qwest fiber- optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall collectively be counted as a single Fiber-based Collocator. For purposes of this paragraph, the term "affiliate" is defined by 47 U.C. 9153(1) and any relevant interpretation in Title 47 of theCode of Federal Regulations. Interexchange Service" means telecommunications service between stations in different exchange areas. Cf. Modification of Final Judgment, 9 IV(K), reprinted in United States v. Am. Tel. Tel. Co., 552 F. Supp. 131 , 229 (D.C. 1982) (defining "interexchange telecommunications" as "telecommunications between a point or points located in one exchange telecommunications area and a point or points located in one or more other exchange areas or a point outside an exchange area Long Distance Service" (see "Interexchange Service Mobile Wireless Service" means all mobile wireless telecommunications services, including commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone service and offshore radiotelephone services, as well as mobile telephony services , such as the vice offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses. April 20, 2006/msd/DIECA dba CovadfTRRO/ID Nego Amendment to CDS-050818-O009 ATTACHMENT 1 Non-impaired Wire Center" - A Non-impaired Wire Center is a Wire Center that meets the loop thresholds identified in CFR 47 951.319(a)(4)(i) for DS1 Loops and 951.319(a)(5)(i) for DS3 Loops. Non-impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 951.319(e)(3) and subject to the limitations of 951.319(e)(2)(ii)(A) for DS1 Dedicated Transport 951.319(e)(2)(iii)(A) for DS3 Dedicat~d Transport and 951.319(e)(2)(iv)(A) for Dark Fiber Transport. Route" is a transmission path between one of Qwest's Wire Centers or switches and another of Qwest's Wire Centers or Switches. A Route between two (2) points (e.g., Wire Center or Switch A" and Wire Center or Switch ") may pass through one (1) or more intermediate Wire Centers or Switches (e., Wire Center or Switch " ). Transmission paths between identical end points (e., Wire Center or Switch "A" and Wire Center or Switch ") are the same "route irrespective of whether they pass through the same intermediate Wire Centers or Switches , if any. Triennial Review Remand Order" The Triennial Review Remand Order is the Commission Order on Remand in CC Docket Nos. 01-338 and 04-313 (released February 4,2005). Wire center" A wire center is the location of a Qwest local Switching facility containing one or more central offices, as defined in the Appendix to part 36 of of Title 47 of the Code of Federal Regulations. The wire center boundaries define the area in which all customers served by a given wire center are located. Tier 1 Wire Centers" means those Qwest Wire Centers that contain at least four Fiber-based Collocators, at least 38,000 Business Lines , or both. Tier 1 Wire Centers also are those Qwest tandem Switching locations that have no line-side Switching facilities, but nevertheless serve as a point of traffic aggregation accessible by CLEC. Once a Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later reclassification as a Tier 2 or Tier 3 Wire Center. Tier 2 Wire Centers" means those Qwest Wire Centers that are not Tier 1 Wire Centers, but contain at least 3 Fiber-based Collocators, at least 24 000 Business Lines, or both. Once Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is not subject to later reclassification as a Tier 3 Wire Center. Tier 3 Wire Centers" means those Qwest Wire Centers that do not meet the criteria for Tier 1 or Tier 2 Wire Centers. April 20, 2006/msd1D1ECA dba CovadrrRRO/lD Nego Amendment to CDS-050818-0009 ATIACHMENT 1 Unbundled Network Elements (UNE) General 1 CLEC'Interconnection Agreement may include terms and conditions for certain Network Elements that Qwest is no longer required to offer on an unbundled basis pursuant to Section 251 of the Act. The FCC determined in its Decisions , that certain. Unbundled Network Elements no longer satisfy the FCC's impairment test, and as a result, Qwest is no longer obligated to offer to CLEC those Network Elements on an unbundled basis pursuant to Section 251 of the Act. As of the execution date of this Amendment, CLEC shall not order, and Qwest will not provide, the following Network Elements on an unbundled basis pursuant to Section 251 of the Act: Unbundled Loops Certain DS1 Loops subject to the requirements of Section 3.0 following; Certain DS3 Loops subject to the requirements of Section 3.0 following; OCn Loops; FTTH & FTTC Loops subject to the requirements of Section 3. following; Dark Fiber Loops subject to the requirements of Section 3.5 following; Hybrid Loops (non-copper distribution Loops) except as identified in Section 3.7 following; Line Sharing; Feeder-Sub-Loop; Shared Distribution Loops. Transport UDIT (Extended Unbundled Dedicated Interoffice Transport); Transport from a CLEC's Premises to a Qwest Wire Center; UDF (Extended Unbundled Dark Fiber); Transport from a CLEC' Premises to a Qwest Wire Center; OCn UDIT; including Remote Node/Remote Port and SONET add/drop . multiplexing; UDIT and UDF as a part of a Meet-Point arrangement; April 20, 2006/msd1D1ECA dba Covad/TRROIID Nego Amendment to CDS-050818-0009 ATTACHMENT 1 Certain DS1 Transport (UDIT) subject to the requirements of Section 4. following; Certain DS3 Transport (UDIT) subject to the requirements of Section 4. following; Certain Dark Fiber Transport (UDF-IOF) subject to the requirements of Section 4.10 following; Multiplexing associated with UDIT and Loop/Mux Combo. Unbundled Switching Transition Packet Switching; Tandem Switching; Mass Market Switching, including UNE-P and related services as identified in Section 2. Enterprise Local Switching, including UNE-P and related services as identified in Section 2. Signaling Networks (stand alone). Related services Customized Routing Signaling AIN Database Services Line Information Database (LlDB) 8XX Database Services InterNetwork Calling Name (ICNAM) Local Number Portability (LNP) Database Shared Transport 2.4.Transition plans for embedded Network Elements identified in the above lists are identified in the following sections. After execution of this Amendment, Qwest shall back bill the FCC ordered rate increases to March 11 2005, for embedded (in service as of March 10,2005) Non-Impaired DS1 Loop and Transport, DS3 Loop and Transport, Dark Fiber Loop and Transport and Mass Market Switching Services pursuant to Transition rate increases identified in Sections 3.2, 3.1.2. 10.2 and 5.3. Such back billing shall not be subject to billing measurements and penalties. April 20, 2006/msd/DIECA dba CovadfTRRO/ID Nego Amendment to CDS-050818-O009 ATTACHMENT 1 2.4 So long as CLEC is offering an eligible Telecommunications Service - Le., not exclusively long distance or mobile wireless services - over the high capacity loop or dedicated transport it may obtain that element as a UNE. CLEC may not access UNEs for its own administrative uses. If CLEC accesses and uses a UNE consistently with this section , CLEC may provide any Telecommunications Services over that UNE. To submit an order to obtain a high-capacity loop or transport UNE CLEC must undertake a reasonably diligent inquiry and, based on that inquiry, self-certify that, to the best of its knowledge, its request is consistent with the requirements discussed in parts IV, V, and VI of the Triennial Review Remand Order and that it is therefore entitled to unbundled access to the particular network elements sought pursuant to section 251 (c)(3). As part of such reasonably diligent inquiry, CLEC shall ensure that a requested unbundled DS1 or DS3 loop is not in a Wire Center identified on the list provided by Qwest of Wire Centers that meet the applicable non- impairment thresholds specified in Sections 3.1 and 3., and that a requested unbundled DS1 , DS3 or dark fiber transport circuit is not between Wire Centers identified on the list of Wire Centers that meet the applicable non-impairment threshold specified in Sections 4., 4. and 4.10.1. CLEC shall provide a letter or other mutually agreed upon form to document its compliance. CLEC will maintain appropriate business records that document what CLEC relied upon to support its certification. Upon receiving a request for access to a dedicated transport or high-capacity loop UNE that indicates that the UNE meets the relevant factual criteria discussed in sections V and VI of the Triennial Review Remand Order, Qwest must immediately process the request, if the UNE is in a location that does not meet the applicable non- impairment thresholds referred to in Section 2.5. To the extent that Qwest seeks to challenge any other such UNEs, it subsequently can raise that issue through the dispute resolution procedures provided for in CLEC's Interconnection Agreement. If it is mutually agreed upon by CLEC and Qwest that CLEC's access to or use of UNEs is inconsistent with Existing Rules, except due to change in law, CLEC has thirty (30) calendar Days to convert such UNEs to alternate service arrangements and CLEC is subject to back billing for the difference between rates for the UNEs and rates for the Qwest alternate service arrangements. CLEC is also responsible for all non-recurring charges associated with such conversions. 3 When CLEC submits an order to convert a special access circuit to a UNE and that circuit has previously been exempt from the special access surcharge pursuant to 47 CFR 69.115, CLEC shall document in its certification when and how the circuit was modified to permit interconnection of the circuit with a local exchange subscriber line. 5.4 Additional Non-Impaired Wire Centers. If Qwest determines additional Qwest Wire Centers meet the non-impairment threshold in a specific wire center for high capacity loop UNEs and/or dedicated transport based upon the relevant factual criteria discussed in Sections V and VI of the FCC's Triennial Review Remand Order, Qwest shall provide notice to CLEC. Upon request by CLEC, Qwest will provide CLEC with the methodology Qwest used in making the determination the additional Wire Center(s) meets the count thresholds as ordered by the FCC. Thirty (30) Days after notification April 20, 2006/msd/DIECA dba CovadfTRRO/ID Nego Amendment to CDS-050818-0009 ATTACHMENT 1 from Qwest, CLEC will no longer order impacted high capacity or Dark Fiber UNEs in or between those additional Wire Centers. CLEC will have ninety (90) Days to transition exiting DS1 and DS3 UNEs to an alternative service. CLEC will have one hundred eighty (180) Days to transition Dark Fiber transport to an alternative service. Qwest and CLEC will work together to identify those circuits impacted by such change. Absent CLEC transition of impacted UNEs within the transition period above, Qwest will convert facilities to month-to-month service arrangements in Qwest's Special Access Tariff or begin the disconnect process of Dark Fiber facilities. CLEC is subject to back billing for the difference between the UNE and Tariff rates beginning on the ninety-first (91st) Day as well as for all applicable nonrecurring charges associated with such conversions. In the event that (1) Qwest designates a wire center as non-impaired, (2) CLEC converts existing UNEs to other services or orders new services as services other than UNEs, (3) CLEC otherwise would have been entitled to UNEs in such wire center at the time alternative services were provisioned, and (4) Qwest acknowledges or a state or federal regulatory body with authority determines that, at the time Qwest designated such wire center as non-impaired, such wire center did not meet the FCC's non-impairment criteria, then upon request of CLEC, Qwest will, at no costs or expense to CLEC, transition to UNEs any alternative services in such wire center that were established after such wire center was designated as non-impaired. In such instances, Qwest shall refund CLEC the difference between the rate paid by CLEC for such services and the applicable UNE rate, including but not limited to any non-recurring or other charges associated with the unnecessary conversion from UNE to other wholesale services. Qwest acknowledges that as of the date of execution of this Amendment, the only applicable nonrecurring charge associated with conversions is a design change charge identified in the appropriate tariff. For example, if the conversion is to an interstate service, the charge is as described in Qwest's FCC Tariff No.1 at 9 5.2 C ($50.00). The foregoing notwithstanding, Qwest reserves the right to change this charge or otherwise add, remove change, in accordance with Applicable Law , any applicable nonrecurring charges associated with conversions under this Amendment. Any changes to applicable nonrecurring charges associated with conversions shall only apply prospectively. Unbundled Loop Unbundled Loops are available pursuant to CLEC's Agreement and the following terms and conditions. DS1 Unbundled Loops. Subject to the cap described in Section 3. Qwest shall provide CLEC with non-discriminatory access to a DS1 loop on an unbundled basis to any building not served by a Wire Center with at least 60 000 Business Lines and at least four (4) Fiber-based Collocators. Once a Wire Center exceeds both of these thresholds , no future DS1 loop unbundling will be required in that Wire Center. Cap on Unbundled DS1 Loop Circuits. CLEC may obtain a maximum of ten (10) unbundled DS1 Loops to any single building in which DS1Loops are available as Unbundled Loops. April 20, 2006/msd/DIECA dba CovadfTRRO/ID Nego Amendment to CDS-050818-O009 ATTACHMENT 1 Transition period for DS1 loop circuits. For a twelve (12) month period beginning on the effective date of the Triennial Review Remand Order, any DS1 loop UNEs that a CLEC leases from Qwest as of that date, but which Qwest is not obligated to unbundle pursuant to Sections 3.1 or 3. shall be available for lease from Qwest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the loop element on June 15, 2004, or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that Loop element. Where Qwest is not required to provide unbundled DS1 loops pursuant to Sections 3.1 or 3., CLEC may not obtain new DS1 loops as unbundled network elements. Qwest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment (in addition to the loop charge in Exhibit A of the Agreement) will be applied to CLEC bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the Billing Telephone Number (BTN) and/or Circuit (CKT) per Billing Account Number (BAN) with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. DS3 Unbundled Loops. Subject to the cap described in Section 3. Qwest shall provide CLEC with non-discriminatory access to a DS3 loop on an unbundled basis to any building not served by a Wire Center with at least 38,000 Business Lines and at least four (4) Fiber-based Collocators. If a Wire Center exceeds both of these thresholds, no future DS3 Loop unbundling is required in that Wire Center. Cap on Unbundled DS3 Loop Circuits. CLEC may obtain a maximum of a single unbundled DS3 Loop to any single building in which DS3 Loops are available as unbundled loops. Transition period for DS3 loop circuits. For a twelve (12) month period beginning on the effective date of the Triennial Review Remand Order.. any DS3 loop UNEs that a CLEC leases from Qwest as of that date, but which Qwest is not obligated to unbundle pursuant to Sections 3.2 or 3. shall be available for lease from Qwest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the loop element on June 15, 2004 , or (2) 115% of the rate the state commission has established or establishes , if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that loop element. Where Qwest is not required to provide unbundled DS3 loops pursuant to Sections 3.2 or 3., CLEC may not obtain new DS3 loops as unbundled network elements. Qwest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment (in addition to the loop charge in Exhibit A of the Agreement) will be applied to CLEC bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective April 20, 2006/msd1D1ECA dba Covad/TRROIID Nego Amendment to CDS-050818-0009 ATTACHMENT 1 bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. Failure To Convert Non-Impaired Services - DS1 and DS3 Loops. Absent CLEC Transition of DS1 and DS3 LQops within ninety (90) days of execution of this Amendment, Qwest will convert facilities to month to month service arrangements in Qwest's Special Access Tariff. CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Qwest alternative service arrangements to March 11, 2006. CLEC is also responsible for all non-recurring charges associated with such conversions. Qwest shall make available to CLEC a list of those Non-Impaired Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. Dark Fiber Loops Including Fiber Sub-loop. Qwest is not required to provide CLEC with access to a Dark Fiber Loop on an unbundled basis except for UDF-MTE Subloop below. Dark fiber is fiber within an existing fiber optic cable that has not yet been activated through optronics to render it capable of carrying communications services. Transition period for Dark Fiber Loop circuits. For an 18-month period beginning on the effective date of the Triennial Review Remand Order, any Dark Fiber Loop UNEs that a CLEC leases from Qwest as of that date shall be available for lease from Qwest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the loop element on June 15, 2004, or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that Loop element. CLEC may not obtain new Dark Fiber Loops as Unbundled Network Elements. Qwest and CLEC will work together to identify those circuits impacted. Failure To Convert Non-Impaired Network Elements. Dark Fiber Loops including Fiber Sub-loop. Absent CLEC transition of Dark Fiber Loops as of September 10 , 2006, Qwest will , or maintains the right to, begin the disconnection process of CLEC Dark Fiber Loops. UDF MTE Subloop begins at or near an MTE to provide access to MTE premises wiring. Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to access Subloops used to access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a Qwest Premises. The termination and placement of CLEC fiber facilities at an MTE is solely the responsibly of CLEC. CLEC is responsible for all negotiations with the End User Customer and or premises owner for such placement of CLEC facilities. April 20. 2006/msd1D1ECA dba Covad/TRROIID Nego Amendment to CDS-050818-O009 ATTACHMENT 1 Termination at an MTE. CLEC shall access the UDF MTE Subloop on the MTE premises at a technically feasible point if possible. If access is not technically feasible on the MTE premises , then CLEC may request access to UDF MTE Subloop at a technically feasible point near the MTE premises. Qwest will prepare and sublT)it to CLEC quote along with the original Field Verification Quote Preparation form (FVQP) within the interval set forth in Exhibit C. Quotes are on an Individual Case Basis (ICB) and will include costs and an interval in accordance within the interval set forth in the Agreement. A complex IRI is used to determine if a UDF MTE Subloop is available to gain access to network infrastructure within an MTE. Quotes are on an Individual Case Basis (ICB) and may include costs in addition to any installation charges specified in Exhibit A. of your Agreement. FTTC Loops. For purposes of this Section, a Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to a copper distribution plant loop that is not more th~m 500 feet from the End User Customer s Premises or, in the case of predominantly residential MDU, not more than 500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a copper distribution plant loop at a serving area interface from which every other copper distribution subloop also is not more than 500 feet from the respective End User Customer s Premises. FTTC New Builds. Qwest shall have no obligation to provide access to an FTTC loop as an Unbundled Network Element in any situation where Qwest deploys such a loop to an End User Customer s Premises that had not previously been served by any loop facility prior to October 2 , 2003. FTTC Overbuilds. Qwest shall have no obligation to provide access to an FTTC loop as an Unbundled Network Element in any situation where Qwest deploys such a loop parallel to, or in replacement of, an existing copper loop facility. Notwithstanding the foregoing, where Qwest deploys a FTTC loop parallel to, or in replacement of, an existing copper loop facility: Qwest shall: (i) leave the existing copper loop connected to the End User Customer s Premises after deploying the FTTC loop to such Premises, and (ii) upon request provide non-discriminatory access to such copper loop as an Unbundled Network Element. Notwithstanding the foregoing, Qwest shall not be required to incur any expense to ensure that any such existing copper loop remains capable of transmitting signals prior to receiving a request from CLEC for access, as set forth above, in which case Qwest shall restore such copper loop to serviceable condition upon request. Any such restoration shall not be subject to Performance Indicator Definition or other performance service measurement or intervals. Qwest's obligations under this subsection 3.shall terminate when Qwest retires such copper Loop in accordance with the provisions of Section 3.3 below. April 20, 2006/msd/DIECA dba CovadlTRRO/lD Nego Amendment to CDS-050818-Q009 ATTACHMENT 1 In the event Qwest, in accordance with the provisions of Section 3.3 below, retires the existing copper loop connected to the End User Customer s Premises, Qwest shall provide access , as an Unbundled Network Element, over the FTTC loop to a 64 kbps transmission path capable of voice grade service. Section 9.15 of the Agreement with respect to Retirement of Copper Loops and replacement with FTTH Loops shall also apply to replacement with FTTC Loops. Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the distribution plant. Broadband Services. When CLEC seeks access to a Hybrid Loop for the provision of broadband services, including DS1 or DS3 capacity, Qwest shall provide CLEC with non-discriminatory access on an unbundled basis to time division multiplexing features, functions, and capabilities of that Hybrid Loop, only where impairment has been found to exist to establish a complete transmission path between Qwest's Central Office and an End User Customer premises. This access shall include access to all features , functions, and capabilities of the Hybrid Loop that are not used to transmit packetized information. Qwest is not required to unbundle packet switching equipment, DSLAMs and other equipment used to deliver DSL services. Narrowband Services. When CLEC seeks access to a Hybrid Loop for the provision of narrowband services, Qwest may either: Provide non-discriminatory access, on an unbundled basis, to an entire Hybrid Loop capable of voice-grade service (Le., equivalent to DSO capacity), using time division multiplexing technology; or Provide nondiscriminatory access to a spare home-run copper loop serving that End User Customer on an unbundled basis. Subloop Unbundling. An Unbundled Subloop is defined as the distribution portion of a copper Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a transmission facility between any point that it is Technically Feasible to access at terminals in Qwest's outside plant (originating outside of the Central Office), including inside wire owned or controlled by Qwest, and terminates at the End User Customer premises. An accessible terminal is any point on the Loop where technicians can access the wire within the cable without removing a splice case to reach the wire within. Such points may include, but are not limited to, the pole, pedestal Network Interface Device , minimum point of entry, single point of Interconnection Remote Terminal, Feeder Distribution Interface (FDI), or Servil)g Area Interface (SAI). CLEC shall not have access on an unbundled basis to a feeder sub loop defined as facilities extending from the Central Office to a terminal that is not at the End User April 20, 2006/msd1D1ECA dba CovadlTRROIID Nego Amendment to CDS-050818-0009 ATTACHMENT 1 Customer s premises or multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only to the extent it is part of a complete transmission path, not a subloop, between the Central Office and the End User Customer s premises or MTE. This section does not address Unbundled Dark Fiber MTE Subloop which is addressed in Section 3. Qwest's obligation to construct a Single Point of Interface (SPOI) is limited to those MTEs where Qwest has distribution facilities to that MTE and owns, controls, or leases the inside wire at the MTE. In addition, Qwest shall have an obligation to construct a SPOI only when CLEC indicates that it intends to place an order for access to an unbundled Subloop Network Element via a SPOI. Access to Distribution Loops or Intrabuilding Cable Loops at an MJE Terminal within a non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to access Subloops used to access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a Qwest Premises. Cross-Connect Collocation, refers to creation of a cross connect field and does not constitute Collocation. The terms and conditions of Collocation do not apply to Cross-Connect Collocation if required at or near an MTE. Failure To Convert Non-Impaired Services - Feeder Subloops. Absent CLEC Transition of Feeder SubLoop, within ninety (90) Days of Execution of this Amendment, Qwest will convert facilities to month to month service arrangements in Qwest's Special Access Tariff. CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Qwest alternative service arrangements to the 91st day. CLEC is also responsible for all non-recurring charges associated with such conversions. Line Sharing. Qwest shall not be required to provide Line Sharing unless the Agreement has been amended with a Qwest Commercial Line Sharing Amendment. 10 Shared Distribution Loop. Qwest shall not be required to provide Shared Distribution Loop unless the Agreement has been amended with a Qwest Commercial Shared Distribution Loop Amendment. Unbundled Dedicated Interoffice Transport (UDIT) Qwest is not obligated to provide CLEC with unbundled access to dedicated transport that does not connect a pair of Qwest Wire Centers. UDIT is available pursuant to CLEC's Agreement and the following terms and conditions. DS1 UDIT. Qwest shall unbundle DS1 transport between any pair of Qwest Wire Centers except where, through application of "Tier" classifications, as defined in Section 0 of this Amendment, both Wire Centers defining the Route are Tier 1 Wire Centers. As such , Qwest must unbundle DS1 transport if a Wire Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center. April 20, 2006/msd/DIECA dba CovadITRRO/ID Nego Amendment to CD$-050818-0009 ATTACHMENT 1 CLEC may obtain a maximum of ten (10) unbundled DS1 dedicated transport circuits on each Route where DS1 dedicated transport is available on an unbundled basis. Transition period for DS1 transport circuits. For a twelve (12) month period beginning on the effective date of the Triennial Review Remand Order, any DS1 dedicated transport UNE that a CLEC leases from Qwest as of that date, but which Qwest is not obligated to unbundle pursuant to Sections 1 or 4., shall be available for lease from Qwest at a rate equal to the higher of (1) 115 percent of the rate the requesting carrier paid for the dedicated transport element on June 15, 2004 , or (2) 115 percent of the rate the state commission has established or establishes , if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that dedicated transport element. Where Qwest is not required to provide unbundled DS1 transport pursuant to Sections 4.1 or 4., CLEC may not obtain new DS transport as unbundled network elements. Qwest and CLEC will work together to identify those circuits impacted between Non-Impaired Wire Centers. Billing. The 15% transitional rate increment (in addition to the loop charge in Exhibit A of the Agreement) will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN andlor CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. DS3 UDIT. Qwest shall unbundle DS3 transport between any pair of Qwest Wire Centers except where , through application of "Tier" classifications, as defined in Section 1.0 of this Amendment, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle DS3 transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. CLEC may obtain a maximum of twelve (12) unbundled DS3 dedicated transport circuits on each Route where DS3 dedicated transport is available on an unbundled basis. Transition period for DS3 transport circuits. For a twelve (12) month period beginning on the effective date of the Triennial Review Remand Order, any DS3 dedicated transport UNE that a CLEC leases from Qwest as of that date, but which Qwest is not obligated to unbundle pursuant to Sections 2 or 4., shall be available for lease from Qwest at a rate equal to the higher of (1) 115 percent of the rate the requesting carrier paid for the dedicated transport element on June 15 , 2004, or (2) 115 percent of the rate the state commission has established or establishes, if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that dedicated transport element. Where Qwest is not required to provide unbundled DS3 transport pursuant to Sections 4.2 or 4., CLEC may not obtain new DS3 transport as unbundled network elements. Qwest and CLEC will work together to identify those circuits impacted between Non-Impaired Wire Centers. April 20, 2006/msd/DIECA dba CovadfTRRO/ID Nego Amendment to CDS-050818-0009 ATTACHMENT 1 Billing. The 15% transitional rate increment (in addition to the loop charge in Exhibit A of the Agreement) will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. Intentionally Left Blank Failure To Convert Non-Impaired Services - DS1 and DS3 UDIT. Absent CLEC transition of DS1 and DS3 Transport within ninety (90) days of execution of this Amendment, Qwest will convert facilities to month to month service arrangements in Qwest's Special Access Tariff and CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Qwest alternative service arrangements to March 11, 2006. CLEC is also responsible for all non-recurring charges associated with such conversions. Failure To Convert Non-Impaired Services - OCn UDIT. Absent CLEC transition of OCn Transport within ninety (90) days of Execution of this Amendment Qwest will conve.rt facilities to month to month service arrangements in Qwest's Special Access Tariff and CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Qwest alternative service arrangements to the 91st day. CLEC is also responsible for all non-recurring charges associated with such conversions. Failure To Convert Non-Impaired Services - DS1 and DS3 E-UDIT and M- UDIT. Absent CLEC transition of DS1 and DS3 E-UDIT and M-UDIT within ninety (90) days of Execution of this Amendment, Qwest will convert facilities to month to month service arrangements in Qwest's Special Access Tariff and CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Qwest alternative service arrangements to the 91st day. CLEC is also responsible for all non- recurring charges associated with such conversions. Unbundled Dark Fiber (UDF) IOF Dedicated dark fiber transport shall be made available to CLEC on an unbundled basis as set forth in the Interconnection Agreement and as set forth below. Dark fiber transport consists of unactivated optical interoffice transmission facilities. Qwest shall unbundle dark fiber transport between any pair of Qwest Wire Centers except where , through application of "Tier" classifications defined in Section 1.0 of this Amendment, both Wire. Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle dark fiber transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. Transition period for dark fiber transport circuits. For an 18-month period beginning on the effective date of the Triennial April 20, 2006/msd/DIECA dba CovadITRRO/ID Nego Amendment to CDS-050818-O009 ATTACHMENT 1 Review Remand Order, any dark fiber dedicated transport UNE that a CLEC leases from Qwest as of that date, but which Qwest is not obligated to unbundle pursuant to Section 4.10., shall be available for lease from Qwest at a rate equal to the higher of (1) 115 percent of the rate the requesting carrier pc;lid for the dedicated transport element on June 15, 2004 , or (2) 115 percent of the rate the state commission has established or establishes, if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that dedicated transport element. Where Qwest is not required to provide unbundled dark fiber transport pursuant to Section 4.10., CLEC may not obtain new dark fiber transport as unbundled network elements. Qwest and CLEC will work together to identify those circuits impacted in Non- Impaired Wire Centers. Billing. The 15% transitional rate increment (in addition to the loop charge in Exhibit A of the Agreement) will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adJustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. 1.4 Intentionally Left Blank. Failure To Convert Non-Impaired Services - UDF-IOF. Absent CLEC Transition of UDF, as of September 10, 2006, Qwest will, or maintains the right to, begin the disconnection process of CLEC Dark Fiber Facilities. 8 E-UDF and M-UDF (Meet Point Billed-UDF) Transition Language. Upon the Execution Date of this Amendment, CLEC will not place, and Qwest will not accept, any ASRs for Extended Unbundled Dark Fiber (E-UDF) or M-UDF (Meet Point UDF). Qwest account representatives will work with CLECs on a plan to convert any existing E-UDF or M-UDF to other alternative Qwest products or services, if CLEC so desires. CLEC must convert these services by December 10, 2005. Qwest and CLEC will work together to identify those circuits impacted. Failure To Convert Non-Impaired Networks Elements - E-UDF and M-UDF. Absent CLEC Transition E-UDF and M-UDF as of December 10, 2005, Qwest will begin or maintain the right to begin , disconnect process of Dark Fiber Facilities. Intentionally Left Blank Unbundled Network Element Combinations Intentionally Left Blank April 20, 2006/msd1D1ECA dba CovadfTRRO/lD Nego Amendment to CDS-050818-0009 ATTACHMENT 1 2 Loop-Mux Combination (LMC). At the request of either Party, the Parties shall negotiate, in good faith, an amendment to the Agreement for the provision of loop-mux combinations. Commingling When a UNE and service are commingled, the service interval for each facility being commingled will apply only as long as a provisioning process that materially alters the manner in which Qwest provisions the UNE or service is not required for the UNE or service due to the commingling. Performance measurements and\or remedies are not applicable to the total commingled arrangement but do apply to each facility or service ordered within the commingled arrangement. If Qwest is not required to comply with the service interval as provided in this section, Qwest shall in any event exercise best efforts to provision the service as soon as reasonably practicable. Routine Network Modifications Qwest shall make all routine network modifications to unbundled loop and transport facilities used by CLEC where the requested loop or transport facility has already been constructed. Qwest shall perform these routine network modifications to unbundled loop or transport facilities in a nondiscriminatory fashion, without regard to whether the loop or transport facility being accessed was constructed on behalf, or in accordance with the specifications, ofany carrier. A routine network modification is an activity that Qwest regularly undertakes for its own customers. Routine network modifications include, but are not limited to, rearranging or splicing of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that Qwest ordinarily attaches to a DS1 loop to activate such loop for its own customer. They also include activities needed to enable CLEC to light a dark fiber transport facility. Routine network modifications may entail activities such as accessing manholes, deploying bucket trucks to reach aerial cable , and installing equipment casings. Routine network modifications do not include the installation of new aerial or buried cable for CLEC. April 20, 2006/msd/DIECA dba Covad/TRROIID Nego Amendment to CDS-050818-0009 TRO and TRRO Exhibit A Transition Rates Idaho ,. U"'"~., N~o~ '"-~ UN'- Unbundled LOODS Dlg~al Capable Loops 3.4 DS1 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 3.4.Zone 1 $12.97 3.42 Zone 2 $12.97 3.4.Zone 3 $14.99 3.4.4 DS3 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 3.4.4.Zone 1 $141.29 3.4.Zone 2 $143.26 4.4.Zone 3 $189.68 Private Line / Special Access to Unbundled Loop Conversion (as is)$34. Unbundled Dedicated Interoffice Transport (UDIT) DS1 UDIT Transitional Rate 15% Incremental adjustment between non-impaired wire centers, in addition to Monthly Rates. (Effective 3/11/05 thru 3/10/06) Over 0 to 8 Miles $5.46 $0.48 Over 8 to 25 Miles $5.$0.48 Over 25 to 50 Miles $5.$0. 5.4 Over 50 Miles $5.$0. DS3 UDIT Transitional Rate 15% Incremental adjustment between non-impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru 3/10/06) Over 0 to 8 Miles $35.$8. Over 8 to 25 Miles $36.$2. Over 25 to 50 Miles $33.$3. 5.4 Over 50 Miles $35.$2. Private Line / Special Access to UDIT Conversion (as is)$131. Unbundled Dark Fiber (UDFI 7.4 UDF - SinGle Strand 7.4.UDF-IOF - Single Strand Transitional Rate 15% Incremental adjustment between non-impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru 9/10/06) 7.4.Rber Transport, per Strand / Mile $7. Termination, Fixed, per Strand / Office / Termination $0. 7.4.Fiber Cross-Connect, per Strand / Office $0. 7.4.UDF - Loop - Single Strand Transitional Rate for all wire centers (Effective 3/11/05 thru 9/10/06) 7.4.Fiber Loop, per Strand / Route $102. 2.4 Termination, Fixed, per Strand / Office $5. 7A.2.Termination, Fixed, per Strand / Premise $4. 7.4.Fiber Cross-Connect, per Strand / Office $3. UDF - per Pair UDF-IOF - Per Pair Transitional Rate 15% Incremental adjustment between non- impaired wire centers, in add~ion to Monthly Rates (Effective 3/11/05 thru 9/10/06) Rber Transport, per Pair / Mile $9. Termination, Fixed, per Pair / Office / Termination $1. Rber Cross-Connect, per Pair / Office $0. UDF - Loop - Per Pair Transitional Rate for all wire centers (Effective 3/11/05 thru 9/10/06) Fiber Loop, per Route / per Pair $151. Termination, Fixed, per Pair / Office $8. Termination, Fixed, per Pair / Premise $7. Fiber Cross-Connect, per Pair / Office $4. Qwest IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 Page 1 of3 TRO and TRRO Exhibit A Transition Rates Idaho UDF MTE Sublooo 1GB ICB Local Switchina 11.Ports 11.Analog Line Side Port Transitional Rate (REC rates effective 3/11/05 thru 3/10106) 11.1.1 First Port $2. *** 11.Each Additional Port $2. *** 11.Digital Line Side Port Transitional Rate (Supporting BRIISDN) (REC rates effective $13. *** 3/11/05 thru 3/10106) 11.Dioital Trunk Ports 11.PBX DID Trunk Port, per DS1 Transitional Rate (REC rate effective $3. *** 3/11/05 thru 3/10106) 11.1.4 DSO Analog Trunk Port Transitional Rate (REC rates effective 3/11/05 thru 3/10106 11.1.4.First Port $15. *** 11.1.4.Each Additional Port $15. *** UNE Combinations 23.UNE Combinations - LooD MUX Combinations (LMC) 23.6.4 DS1 CaDable Looo 23.6.4.DS1 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire. centers, (effective 3/11/05thru3/10106) 23.Zone 1 $12. 23.6.4.Zone 2 $12. 23.6.4.Zone 3 $14. 23.Private Line Soecial Access to LMC Conversion (as is)$34. 23.Enhanced Extended LOOD (EEL) 23.EEL DS1 23.DS1 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non~mpaired wire centers, (effective 3/11/05 thru 3/10106) 23.Zone 1 $12. 23.Zone 2 $12. 23.Zone 3 $14. 23.7.4 EEL DS3 23.7.4.DS3 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-Impaired wire centers, (effective 3/11/05thru3/10106) 23.7.4.3.Zone 1 $141. 23.7.4.Zone 2 $143. 23.7.4.Zone 3 $189. 23.Private Line SDecial Access to EEL Conversion (as is)$34. 23.EEL Transoort 23.DS1Transitional Rate 15% Incremental adjustment between non- impaired wire centers, in addition to Monthly Rates. (Effective 3/11/05 thru 3/10/06) 23.Over 0 to 8 Miles $5.46 $0. 23.Over 8 to 25 Miles $5.$0.48 23.Over 25 to 50 Miles $5.$0. 23.Over 50 Miles $5.$0. 23.DS3 Transitional Rate 15% Incremental adjustment between non- impaired wire centers, in addition to Monthly Rates. (Effective 3/11/05 thru 3/10/06) 23.Over 0 to 8 Miles $35.$8. 23.Over 8 to 25 Miles $36.$2. 23.Over 25 to 50 Miles $33.$3. 23.Over 50 Miles $35.$2. Qwest IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 Page20f3 TRO and TRRO Exhibit A Transition Rates Idaho NOTES: B Cost Docket QWE-T-O1-, Order No. 29408 (January 5,2004) rates effecUve January 5, 2004. . TransiUonal Rate Increment calculated using 15% of the existing rate, per CC Docket Nos. 01-338 & 04-313 Order on Remand (released 2/4/05), effective 3/11/05 .. Rate includes 15% increase authorized in CC Docket Nos. 01-338 & 04-313 Order on Remand (released 2/4/05), effective 3/11/05 .*. Rate includes $1.00 per Port increase authorized in CC Docket Nos. 01-338 & 04-313 Order on Remand (released 2/4/05), effecUve 3/11/05 (1) TELRIC rates proposed in Cost Docket QWE-1-O1-11 tesUmony filed on November 12, 2003. The case was bifurcated and the rates using this footnote are proposed in Phase 2 of the cost docket. 3 ICB, Individual Case Basis pricing. Qwest IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 Page30f3